Right of Over-Allotment. In the event that the Major Investors fail to fully exercise the right of first refusal within such twenty- (20-) day period, each Major Investor fully exercising its right of first refusal shall be offered the right to purchase up to the remaining portion that the Major Investors failed to exercise (the “Over-Allotment Shares”); provided, that if the Major Investors with such over-allotment right exercise such right for an aggregate number in excess of such Over-Allotment Shares, the Over-Allotment Shares shall be allocated among them in accordance with their respective Pro Rata Portions (or in such other manner as such electing Major Investors agree). The Company will promptly notify those Major Investors fully exercising their rights of first refusal, in writing, of the availability of Over-Allotment Shares, and each of the fully-exercising Major Investors shall have ten (10) days from the date of receipt of any such notice to agree to purchase up to such Over-Allotment Shares (subject to the proviso in the preceding sentence).
Right of Over-Allotment. In the event that the Major Holders fail to fully exercise the right of first refusal within such twenty- (20-) day period, each Major Holder fully exercising its right of first refusal may purchase, on a pro rata basis, the non-purchasing Major Holder’s or Major Holders’ Pro Rata Portion(s). The Company will promptly notify those Major Holders fully exercising their rights of first refusal, in writing, of the availability of additional New Securities, and each of the fully-exercising Major Holders shall have ten (10) days from the date of receipt of any such notice to agree to purchase up to such Major Holder’s pro rata portion of such additional New Securities.
Right of Over-Allotment. The Company shall offer to each Lender who has elected to purchase its full Pro Rata Portion (a "Fully-Exercising Holder"), by the giving of written notice, any Subsequent Financing Securities that the Lenders had a right to purchase hereunder which such Lenders did not previously elect to purchase. The Fully-Exercising Holders shall thereafter have ten (10) days from the date of receipt of such written notice to agree to purchase all or any portion of such available Subsequent Financing Securities; in the event that the Fully-Exercising Holders collectively elect to purchase more than the available Subsequent Financing Securities, the Subsequent Financing Securities shall be made available to the Fully-Exercising Holders ratably, in accordance with their respective Pro Rata Portions.
Right of Over-Allotment. Each Stockholder who has exercised its purchase right under the Section 3.5 (a) (Purchase Right) may, after five (5) business days, but in no event more than ten (10) business days, from such date on which any non-purchasing Stockholder fails to exercise its rights to purchase its Pro-Rata Portion under Section 3.5 (a) (Purchase Right), purchase the remaining Pro-Rata Portion on a pro-rata basis with all Stockholders who elect to purchase an over-allotment share of the remaining Pro-Rata Portion pursuant to this Section.
Right of Over-Allotment. 21 5.3 Definition of New Securities............................................ 22 5.4 Notice from the Company................................................. 22 5.5 Sale by the Company..................................................... 23 5.6
Right of Over-Allotment. The Purchasers shall have a right of over ----------------------- allotment pursuant to this Article V such that to the extent a Purchaser does not exercise its or his purchase right in full hereunder, such additional shares of New Securities which such Purchaser did not purchase may be purchased by the other Purchasers in proportion to the total number of shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or other shares of Common Stock which each such other Purchaser owns compared to the total number of shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or other shares of Common Stock which all such other Purchasers own determined with respect to each such series of Preferred Stock on an as converted basis.
Right of Over-Allotment. The Stockholders shall have a right of over-allotment such that if any other Stockholder fails to purchase its pro rata share of the New Securities, the other Stockholders shall, among them, have the right to purchase up to the balance of the New Securities not so purchased. Such right of over-allotment may be exercised by a Stockholder by setting forth the maximum number of New Securities which the Stockholder would purchase if the other Stockholders do not elect to purchase their pro rata share of New Securities. If, as a result thereof, such over-allotments exceed the total number of New Securities available in respect of such over-allotment privilege, the Stockholders seeking such over-allotment shall be cut back with respect to their over-allotment on a pro rata basis in accordance with their respective pro rata ownership.
Right of Over-Allotment. Each of the Stockholders who has a purchase right under Section 3.3(a) and who elected to purchase the full amount of their Pro-Rata Portion of the New Securities pursuant to Section 3.3(a) (a “Fully Participating Stockholder”), may after five (5), but within ten (10), calendar days from the date such non-purchasing Stockholder fails to exercise its rights to purchase its Pro-Rata Portion under Section 3.3(a), elect to purchase the remaining Pro-Rata Portion. If more than one Fully Participating Stockholder elects to purchase the remaining Pro-Rata Portion, then the right to purchase such remaining Pro-Rata Portion shall be allocated among such Fully Participating Stockholders (based on the number of shares of Common Stock on a Fully-Diluted Basis then owned by such Fully Participating Stockholders).
Right of Over-Allotment. In the event that the Investors fail to fully exercise the right of first refusal within such twenty (20) day period, each Investor fully exercising its right of first refusal may purchase, on a pro rata basis (calculated with respect to other fully exercising Investors only), the non-purchasing Series C Holder's or Series C Holders' Pro Rata Portion(s). The Company will promptly notify those Series C Holders fully exercising their rights of first refusal, in writing, of the availability of additional New Securities, and each of the fully-exercising Series C Holders shall have ten (10) days from the date of receipt of any such notice to agree to purchase up to such Investor's pro rata portion of such additional New Securities.
Right of Over-Allotment. Each Class A Member shall have a right of over-allotment such that, if any Class A Member fails to exercise its right hereunder to purchase such Class A Member’s full pro rata share of any New Securities covered by a Preemptive Rights Notice (the “Incomplete Holders”), the Class A Members purchasing their full respective pro rata share of such New Securities (the “Complete Holders”) may elect to purchase up to their pro rata share of New Securities which have not been purchased by the Incomplete Holders (the “Available Units”) as hereinafter provided. Promptly following the end of the twenty (20) calendar day period following the Company’s delivery of Preemptive Rights Notices, the Company shall give written notice to the Complete Holders of the amount of Available Units, if any. Each Complete Holder shall have fifteen (15) calendar days from the date such notice is given by the Company to elect to purchase up to such Complete Holder’s pro rata share of such Available Units, for the price and upon the other terms and conditions specified in the Preemptive Rights Notice, by giving written notice thereof to the Company stating the quantity of Available Units to be purchased.
