Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are: (i) permitted by and made in accordance with Section 4.02; or (ii) are made by a Tag-along Stockholder upon the exercise of its tag-along right pursuant to Section 4.04 after the Applicable ROFR Rightholders have declined to exercise their rights in full under this Section 4.03.
Appears in 2 contracts
Samples: Stockholder Rights Agreement, Stockholder Rights Agreement (Eco-Stim Energy Solutions, Inc.)
Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are:
(i) permitted by and made in accordance with Section 4.02; or
(ii) are proposed to be made by a TagDragging Stockholder or required to be made by a Drag-along Stockholder upon the exercise of its tag-along right pursuant to Section 4.04 after the Applicable ROFR Rightholders have declined to exercise their rights in full under this Section 4.03.4.04;
Appears in 1 contract
Samples: Stockholders’ Agreement (Inpixon)
Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a3.3(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are:
(i) permitted by and made in accordance with Section 4.02; or3.2;
(ii) are made by a Tag-along Stockholder upon the exercise of its tag-tag- along right pursuant to Section 4.04 after the Applicable ROFR Rightholders have declined 3.4;
(iii) are required to exercise their rights in full under this Section 4.03be made by a Drag-along Stockholder pursuant to
(iv) made pursuant to a Public Offering.
Appears in 1 contract
Samples: Stockholders Agreement
Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are:
(i) permitted by and made in accordance with Section 4.02; or;
(ii) are made by a Tag-along Stockholder upon the exercise of its tag-along right pursuant to Section 4.04 after the Company and Applicable ROFR Rightholders have declined to exercise their rights in full under this Section 4.03; or
(iii) made pursuant to a Public Offering.
Appears in 1 contract
Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a3.03(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are:
(i) i. permitted by and made in accordance with Section 4.023.02; or
(ii) are . proposed to be made by a TagDragging Stockholder or required to be made by a Drag-along Stockholder upon the exercise of its tag-along right pursuant to Section 4.04 after the Applicable ROFR Rightholders have declined to exercise their rights in full under this Section 4.03.3.05; or
Appears in 1 contract
Samples: Subscription Agreement
Offered Stock Transfer Exceptions. Notwithstanding anything herein to the contrary, the right of first refusal in Section 4.03(a) shall not apply to any Transfer Offer or Transfer of Shares (or applicable Stock Equivalents) that are:
(i) permitted by and made in accordance with Section 4.02; or;
(ii) are made by a Tag-along Stockholder upon the exercise of its tag-along right pursuant to Section 4.04 after the Applicable ROFR Rightholders have declined to exercise their rights in full under this Section 4.03; or
(iii) made pursuant to a Public Offering.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Eco-Stim Energy Solutions, Inc.)