Common use of Rights to Subscribe for Securities Clause in Contracts

Rights to Subscribe for Securities. (a) Except in the case of Excluded Securities (as defined in Section 5.1(e)), the Company shall not, and shall cause its Subsidiaries not to, issue or sell any Common Stock Equivalent, unless the Company shall have first offered or caused such Subsidiary to offer (the "PREEMPTIVE OFFER") to sell such Common Stock Equivalents to the JWC Holders and Halifax Holders (the "OFFERED SECURITIES") by delivery to such JWC Holders and Halifax Holders of written notice of such offer stating that the Company or such Subsidiary proposes to sell such Offered Securities, the number or amount of the Offered Securities proposed to be sold, the proposed purchase price therefor and any other terms and conditions of such offer. The Preemptive Offer shall by its terms remain open and irrevocable for a period of 10 Business Days from the date it is received from the Company (the "PREEMPTIVE OFFER PERIOD").

Rights to Subscribe for Securities. (a) Except in the case of Excluded Securities (as defined in Section 5.1(e)), the Company shall not, and shall cause its Subsidiaries not to, issue or sell any Common Stock Equivalent, unless the Company shall have first offered or caused such Subsidiary to offer (the "PREEMPTIVE OFFER"“Preemptive Offer”) to sell such Common Stock Equivalents to the JWC Holders and Halifax Holders (the "OFFERED SECURITIES"“Offered Securities”) by delivery to such JWC Holders and Halifax Holders of written notice of such offer stating that the Company or such Subsidiary proposes to sell such Offered Securities, the number or amount of the Offered Securities proposed to be sold, the proposed purchase price therefor and any other terms and conditions of such offer. The Preemptive Offer shall by its terms remain open and irrevocable for a period of 10 Business Days from the date it is received from the Company (the "PREEMPTIVE OFFER PERIOD"“Preemptive Offer Period”).

Rights to Subscribe for Securities. (a) Except in the case of Excluded Securities (as defined in Section 5.1(e)), the Company shall not, and shall cause its Subsidiaries not to, issue or sell any Common Stock Equivalent, unless the Company shall have first offered or caused such Subsidiary to offer (the "PREEMPTIVE OFFERPreemptive Offer") to sell such Common Stock Equivalents to the JWC Holders and Halifax Holders (the "OFFERED SECURITIESOffered Securities") by delivery to such JWC Holders and Halifax Holders of written notice of such offer stating that the Company or such Subsidiary proposes to sell such Offered Securities, the number or amount of the Offered Securities proposed to be sold, the proposed purchase price therefor and any other terms and conditions of such offer. The Preemptive Offer shall by its terms remain open and irrevocable for a period of 10 Business Days from the date it is received from the Company (the "PREEMPTIVE OFFER PERIODPreemptive Offer Period").