Common use of Right of First Refusal for New Securities Clause in Contracts

Right of First Refusal for New Securities. (a) The Company hereby grants to each of the Stockholders that is an Accredited Investor as of the time of any offer or sale of New Securities (as defined below) a right of first refusal to purchase any New Securities that the Company may, from time to time, propose to issue and sell. Such right of first refusal shall allow each Stockholder to purchase its Pro Rata Share (as defined below) of the New Securities proposed to be issued. In the event a Stockholder does not purchase any or all of its Pro Rata Share of New Securities, each of the remaining Stockholders who has purchased its entire Pro Rata Share of New Securities shall have the right to purchase its Pro Rata Share (determined at such time) of such unpurchased New Securities until all of the New Securities are purchased, or until no other Stockholder desires to purchase any additional New Securities, in which case the Company may sell such unpurchased New Securities to prospective purchasers on the terms described in the New Issue Notice (as defined below) for a period of 120 days, but thereafter may sell additional New Securities only after delivering another New Issue Notice as described in Section 4.05(c) below. The right of first refusal granted hereunder with respect to an issue of New Securities (but no subsequent issue of New Securities) shall terminate if unexercised within 15 business days after receipt of the notice described in Section 4.05(c) below.

Right of First Refusal for New Securities. (a) The Company hereby grants to each of the Stockholders that is an Accredited Investor “accredited investor” (as such term is defined in Rule 501(a) of the Securities Act), or a family-investment vehicle wholly-owned by a Stockholder or his immediate family and the person making investment decisions is an “accredited investor”, as of the time of any offer or sale of New Securities (as defined below) to such Stockholder) a right of first refusal to purchase any New Securities that the Company may, from time to time, propose to issue and sell. Such right of first refusal shall allow each Stockholder to purchase its Pro Rata Share (as defined below) of the New Securities proposed to be issued. In the event a Stockholder does not purchase any or all of its Pro Rata Share of New Securities, each of the remaining Stockholders who has purchased its entire Pro Rata Share of New Securities shall have the right to purchase its Pro Rata Share (determined at such time) of such unpurchased New Securities until all of the New Securities are purchased, or until no other Stockholder desires to purchase any additional New Securities, in which case the Company may sell such unpurchased New Securities to prospective purchasers on the terms described in the New Issue Notice (as defined below) for a period of 120 days, but thereafter may sell additional New Securities only after delivering another New Issue Notice as described in Section 4.05(c4.6(c) below. The right of first refusal granted hereunder with respect to an issue of New Securities (but no subsequent issue of New Securities) shall terminate if unexercised within 15 business calendar days after receipt of the notice described in Section 4.05(c4.6(c) below.

Right of First Refusal for New Securities. (a) The Company hereby grants to each of the Stockholders Shareholders that is an Accredited Investor "accredited investor" (as such term is defined in Rule 501(a) of the Securities Act) as of the time of any offer or sale of New Securities (as defined belowto such Shareholder) a right of first refusal to purchase any New Securities (as defined below) that the Company may, from time to time, propose to issue and sell. Such right of first refusal shall allow each Stockholder Shareholder to purchase its Pro Rata Share (as defined belowdetermined immediately prior to such issuance and sale of New Securities, and based upon its Pro Rata Share of Common Stock) of the New Securities proposed to be issued. In the event a Stockholder Shareholder does not purchase any or all of its Pro Rata Share of New Securities, each of the remaining Stockholders who has purchased its entire Pro Rata Share of New Securities Shareholders shall have the right to purchase its Pro Rata Share (determined at such time) of such unpurchased New Securities until all of the New Securities are purchased, or until no other Stockholder Shareholder desires to purchase any additional New Securities, in which case the Company may sell such unpurchased New Securities to prospective purchasers on the terms described in the New Issue Notice (as defined below) for a period of 120 days, but thereafter may sell additional New Securities only after delivering another New Issue Notice as described in Section 4.05(c4.6(c) below. The right of first refusal granted hereunder with respect to an issue of New Securities (but no subsequent issue of New Securities) shall terminate if unexercised within 15 business 30 days after receipt of the notice described in Section 4.05(c4.6(c) below.

Right of First Refusal for New Securities. (a) The Company hereby grants to each of GE Capital, the Stockholders that is an Accredited Investor as of GE Capital Affiliates, Brxxxxx xnd his Permitted Transferees (the time of any offer or sale of New Securities (as defined below"Included Shareholders") a right of first refusal to purchase shares of any New Securities that (as defined below) which the Company may, from time to time, propose to issue sell and sellissue. Such right of first refusal shall allow each Stockholder Included Shareholder to purchase its Pro Rata Share (a pro rata portion of the Shares as defined below) of may be included in the New Securities proposed to be issued, determined with reference to the aggregate number of outstanding Shares held by the Included Shareholders before the proposed issuance of New Securities. In the event a Stockholder an Included Shareholder does not purchase any or all of its Pro Rata Share pro rata portion of New Securities, each of the remaining Stockholders who has purchased its entire Pro Rata Share of New Securities Included Shareholders shall have the right to purchase its Pro Rata Share (determined at such time) a pro rata portion of such unpurchased New Securities until all of the New Securities are purchased, purchased or until no other Stockholder Included Shareholder desires to purchase any additional more New Securities, in which case the Company may sell such unpurchased New Securities to prospective purchasers on the terms described in the New Issue Notice (as defined below) for a period of 120 days, but thereafter may sell additional New Securities only after delivering another New Issue Notice as described in Section 4.05(c) below. The right of first refusal granted hereunder shall terminate with respect to an issue any particular issuance of New Securities (but no subsequent issue of New Securities) shall terminate if unexercised within 15 10 business days after receipt of the notice described in Section 4.05(c6.16(c) belowhereof with respect to such issuance.