Common use of Permitted Sales of Refused Securities Clause in Contracts

Permitted Sales of Refused Securities. If Notices of Acceptance are not given by the Participating Stockholders in respect of all the Aggregate Basic Amount, the Company shall have ninety (90) days from the expiration of the period set forth in Section 6(a) to close the sale of all or any part of such Aggregate Basic Amount as to which a Notice of Acceptance has not been given by the Participating Stockholders (the "Refused Securities") to the person or persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 5 contracts

Samples: Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc)

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Permitted Sales of Refused Securities. If Notices of Acceptance are not given by the Participating Stockholders in respect of all the Aggregate Basic Amount, the Company shall have ninety (90) days from the expiration of the period set forth in Section 6(a) to close the sale of all or any part of such Aggregate Basic Amount as to which a Notice of Acceptance has not been given by the Participating Stockholders (the "Refused Securities") to the person or persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc)

Permitted Sales of Refused Securities. If In the event that Notices of Acceptance are not given by the Participating Stockholders Purchasers in respect of all the Aggregate Basic AmountOffered Securities, the Company shall have ninety seventy-five (9075) days from the expiration of the period set forth in Section 6(a) 6.01 to close the sale of all or any part of such Aggregate Basic Amount Offered Securities as to which a Notice of Acceptance has not been given by the Participating Stockholders Purchasers (the "Refused Securities") to the person Person or persons Persons specified in the Offer, but only for cash and/or debt securities and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Series a Convertible Preferred Stock Purchase Agreement (Venrock Associates), Series a Convertible Preferred Stock Agreement (Axa U S Growth Fund LLC), Series a Convertible Preferred Stock Agreement (Venture Capital Fund of New England Iii Lp)

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Permitted Sales of Refused Securities. If Notices of Acceptance are not given by the Participating Stockholders Buyers in respect of all of the Aggregate Basic AmountOffered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth in Section 6(a4(o)(i) to close the sale of all or any part of such Aggregate Basic Amount Offered Securities as to which a Notice of Acceptance has not been given by the Participating Stockholders Buyer (the "Refused Securities"”) (as well as the other securities proposed to be issued in a Future Issuance) to the person any other Person or persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vaso Active Pharmaceuticals Inc)

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