Common use of Partial Exercise of Right Clause in Contracts

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the Right of First Refusal with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee shall have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d), as if the Company did not exercise the Right of First Refusal hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) above. Failure of Optionee to deliver timely notification to the Company under this paragraph (e) shall be deemed to be an election by Optionee to sell the Target Shares pursuant to alternative (i) above.

Partial Exercise of Right. In the event the Company Corporation (or its assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty five (305) days after the date Owner's receipt of the Disposition Exercise Notice, to effect the sale of the Target Shares pursuant to one either of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d)Section 6(d) hereof, as if the Company Corporation did not exercise the Right of First Refusal Right hereunder; or (ii) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which the Company Corporation (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (cSection 6(c) abovehereof. Failure of Optionee Owner to deliver timely notification to the Company Corporation under this paragraph (eSection 6(e) shall be deemed to be an election by Optionee Owner to sell the Target Shares pursuant to alternative (i) above.

Partial Exercise of Right. In the event the Company Corporation (or its assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty five (305) days after the date Owner's receipt of the Disposition Exercise Notice, to effect the sale of the Target Shares pursuant to one either of the following alternatives: (ia) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d)Section D.4 hereof, as if the Company Corporation did not exercise the Right of First Refusal Right hereunder; or (iib) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which that the Company Corporation (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) aboveSection D.3 hereof. Failure of Optionee Owner to deliver timely notification to the Company Corporation under this paragraph (e) Section D.5 shall be deemed to be an election by Optionee Owner to sell the Target Shares pursuant to alternative (ia) above.

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee shall the Selling Investor will have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (ia) a sale or other disposition of all the Target Shares to the third-third party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d)Section 5.4, as if the Company (or its assignees) did not exercise the Right of First Refusal Right hereunder; or (iib) a sale to the Company (or its assignees) of the portion of the Target Shares which that the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) aboveSection 5.3 and then has a 30-day right to sell the other shares to the third party offeror. Failure Any failure of Optionee the Selling Investor to deliver timely notification to the Company under this paragraph (e) shall Section 5.5 will be deemed to be an election by Optionee the Selling Investor to sell the Target Shares pursuant to alternative (i) abovein accordance with Section 5.5(a).

Partial Exercise of Right. In the event the Company Corporation (or its assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty sixty (3060) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d)6.4, as if the Company Corporation did not exercise the Right of First Refusal Right hereunder; or (ii) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which the Company Corporation (or its assignees) has elected to purchasepurchase and sale to the third-party offeror identified in the disposition Notice of the remaining portion of the Target Shares, such sale sales to be effected in substantial conformity with the provisions of paragraph (c) aboveparagraphs 6.3 and 6.4 as appropriate. Failure of Optionee Owner to deliver timely notification to the Company Corporation under this paragraph (e) 6.5 shall be deemed to be an election by Optionee Owner to sell the Target Shares pursuant to alternative (iii) above.

Partial Exercise of Right. In the event the Company Corporation (or its ------------------------- assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d)6.4, as if the Company Corporation did not exercise the Right of First Refusal Right hereunder; or (ii) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which the Company Corporation (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) above6.3. Failure of Optionee Owner to deliver timely notification to the Company Corporation under this paragraph (e) 6.5 shall be deemed to be an election by Optionee Owner to sell the Target Shares pursuant to alternative (i) above.

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee the Selling Investor shall have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (dSection 3.2(c), as if the Company did not exercise the Right of First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) aboveSection 3.2(b). Failure of Optionee the Selling Investor to deliver timely notification to the Company under this paragraph (eSection 3.2(d) shall be deemed to be an election by Optionee the Selling Investor to sell the Target Shares pursuant to alternative (i) above.