Common use of Revised Issuance Notice Clause in Contracts

Revised Issuance Notice. The Company shall have 120 ----------------------- days from the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by Stockholders at a price and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 120-day period or at a price and upon terms that are materially less favorable to the Company than those specified in the Issuance Notice it must again comply with this Section 2.

Appears in 2 contracts

Samples: Stockholders Agreement (Advance Auto Parts Inc), Stockholders Agreement (Advance Stores Co Inc)

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Revised Issuance Notice. The Company shall have 120 ----------------------- days from the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by the Stockholders at a price and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 120-day period or at a price and upon terms that are materially less favorable to the Company than those specified in the Issuance Notice Notice, it must again comply with this Section 2.

Appears in 2 contracts

Samples: Stockholders Agreement (Hhgregg, Inc.), Stockholders Agreement (HHG Distributing, LLC)

Revised Issuance Notice. The Company shall have 120 ----------------------- 90 days from the ----------------------- date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by Stockholders at a price and upon the terms that are not materially less favorable to the Company than changed from those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 12090-day period or at a price and upon terms that are materially less favorable to the Company than changed from those specified in the Issuance Notice it must again comply with this Section 2.

Appears in 1 contract

Samples: Stockholders Agreement (Afc Enterprises Inc)

Revised Issuance Notice. The Company shall have 120 90 days ----------------------- days from the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities Shares that are not being purchased by Stockholders at a price and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities Shares after such 12090-day period or at a price and or upon terms that are materially less favorable to the Company than those specified in the Issuance Notice it must again comply with this Section 23.

Appears in 1 contract

Samples: Stockholders Agreement (Galyans Trading Co Inc)

Revised Issuance Notice. The Company shall have 120 90 days ----------------------- days from the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by Stockholders Shareholders at a price not less than and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 12090-day period or at a price and less than or upon terms that are materially less favorable to the Company than those specified in the Issuance Notice it must again comply with this Section 2.

Appears in 1 contract

Samples: Shareholders Agreement (Hudson Respiratory Care Inc)

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Revised Issuance Notice. The Company shall have 120 ----------------------- days from ----------------------- the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by Stockholders at a price and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 120-day period or at a price and upon terms that are materially less favorable to the Company than those specified in the Issuance Notice it must again comply with this Section 2.

Appears in 1 contract

Samples: Stockholders Agreement (Laralev Inc)

Revised Issuance Notice. The Company shall have 120 ----------------------- days from ----------------------- the date of the Issuance Notice to consummate the proposed issuance and sale of the Additional Securities that are not being purchased by the Notified Stockholders at a price and upon the terms that are not materially less favorable to the Company than those specified in the Issuance Notice. If the Company proposes to issue Additional Securities after such 120-day period or at a price and upon terms that are materially less favorable to the Company than those specified in the Issuance Notice Notice, it must again comply with this Section 2.

Appears in 1 contract

Samples: Stockholders Agreement (Century Maintenance Supply Inc)

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