Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Investors in respect of all the Offered Securities, the Company shall not be obligated to sell the part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investors (the "Refused Securities"), and the Company shall have 120 days from the expiration of the period set forth in Section 5.01 to sell all or any part of the Refused Securities to the Person or Persons specified in the Offer, but only 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: Series B Preferred Stock Purchase Agreement (Furniture Com Inc), Series C Preferred Stock Purchase Agreement (Furniture Com Inc), Series D Convertible Preferred Stock Purchase Agreement (Furniture Com Inc)
Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Investors Purchasers in respect of all the Offered Securities, the Company shall not be obligated to sell the part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investors Purchasers (the "Refused Securities"), and the Company shall have 120 days from the expiration of the period set forth in Section 5.01 to sell all or any part of the Refused Securities to the Person or Persons specified in the Offer, but only 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 1 contract
Samples: Series a Preferred Stock and Class a Common Stock Purchase Agreement (Furniture Com Inc)
Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Investors Purchasers in respect of all the Offered Securities, the Company shall not be obligated to sell the part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investors Purchaser (the "Refused Securities"), and the Company shall have 120 90 days from the expiration of the period set forth in Section 5.01 to sell all or any part of the Refused Securities to any person or persons pursuant to the Person or Persons specified in terms of the Offer, but only 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 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Alloy Online Inc)
