Right of Company to Sell New Securities. If the Offeree fails to exercise in full its right of first refusal within the applicable period set forth above, then the Company or, when applicable, its subsidiary shall have one hundred twenty (120) days thereafter to sell the New Securities respecting which the rights set forth herein were not exercised at a price and upon general terms no more favorable to the purchaser thereof than specified in the notice to the Offerees. If such New Securities have not been sold within such 120-day period, then the Company or, when applicable, its subsidiary shall not thereafter issue or sell any New Securities without first offering them to the Offeree in the manner provided above.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Packaged Ice Inc), Stock Purchase Agreement (Packaged Ice Inc)
Right of Company to Sell New Securities. If the Offeree fails to exercise in full its right of first refusal within the applicable period set forth above, then the Company or, when applicable, its subsidiary shall have one hundred twenty (120) 120 days thereafter to sell the New Securities respecting which that the rights set forth herein were not exercised at a price and upon general terms no more favorable to the purchaser thereof than specified in the notice to the OffereesOfferee. If such New Securities have not been sold within such 120-day period, then the Company or, when applicable, its subsidiary shall not thereafter issue or sell any New Securities without first offering them to the Offeree in the manner provided above.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Packaged Ice Inc), Securities Purchase Agreement (Packaged Ice Inc)
Right of Company to Sell New Securities. If the Offeree fails to exercise in full its right of first refusal within the applicable period set forth above, then the Company or, when applicable, its subsidiary shall have one hundred twenty (120) 120 days thereafter to sell the New Securities respecting which the rights set forth herein were not exercised at a price and upon general terms no more favorable to the purchaser thereof than specified in the notice to the OffereesOfferee. If such New Securities have not been sold within such 120-day period, then the Company or, when applicable, its subsidiary shall not thereafter issue or sell any New Securities without first offering them to the Offeree in the manner provided above.
Appears in 1 contract
Samples: Stock Purchase Agreement (Southwest Texas Packaged Ice Inc)
Right of Company to Sell New Securities. If the Offeree fails Offerees fail to exercise in full its right their rights of first refusal within the applicable period set forth above, then the Company or, when applicable, its subsidiary shall have one hundred twenty (120) 120 days thereafter to sell the New Securities respecting which that the rights set forth herein were not exercised at a price and upon general terms no more favorable to the purchaser thereof than specified in the notice to the Offerees. If such New Securities have not been sold within such 120-day period, then the Company or, when applicable, its subsidiary shall not thereafter issue or sell any New Securities without first offering them to the Offeree Offerees in the manner provided above.
Appears in 1 contract
Right of Company to Sell New Securities. If the Offeree Purchaser fails to exercise in full its right rights of first refusal within the applicable period set forth above, then the Company or, when applicable, its subsidiary shall have one hundred twenty (120) 120 days thereafter to sell the New Securities respecting which that the rights set forth herein were not exercised at a price and upon general terms no more favorable to the purchaser thereof than specified in the notice to the OffereesPurchaser. If such New Securities have not been sold within such 120-day period, then the Company or, when applicable, its subsidiary shall not thereafter issue or sell any New Securities without first offering them to the Offeree Purchaser in the manner provided above.
Appears in 1 contract
Samples: Securities Purchase Agreement (Contango Oil & Gas Co)