Sale after Notice. If all such Future Shares referred to in the Notice are not elected to be obtained as provided in Section 2.3 hereof, the Company may, during the 90-day period following the expiration of the period provided in Section 2.3 hereof, offer the remaining unsubscribed Future Shares to any person or persons at a price not less than, and upon terms no more favorable to the offeree than those specified in the Notice. If the Company does not enter into an agreement for the sale of the Future Shares within such period, or if such agreement is not consummated within 90 days of the execution thereof, the right provided hereunder shall be deemed to be revived and such Future Shares shall not be offered unless first reoffered to the Investors in accordance herewith.
Sale after Notice. Upon the expiration of the offering periods ----------------- described above, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within 30 days from the date of said agreement) to sell the New Securities, at a price and upon general terms no more favorable to the investors thereof than specified in the Notice. In the event the Company has not sold the New Securities within said 90 day period (or sold and issued New Securities in accordance with the foregoing within 30 days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Major Holders in the manner provided above.
Sale after Notice. After lapse of the Notice Period, the Selling Investors may sell to one or more purchasers the number of shares of Common Stock covered by the Purchase Notice, reduced to the extent that the Co-Sellers elect to participate, at a price equal to or less than the price specified in the Purchase Notice and on terms no more favorable to the Selling Investors than those specified in the Purchase Notice; provided that the price to be paid by such purchasers to the Co-Sellers shall equal the price specified in the Purchase Notice. In the event the shares of Common Stock covered by the Purchase Notice are not disposed of within ninety (90) days following the lapse of the Notice Period, then they shall once again be subject to the rights set forth in this Section 2.
Sale after Notice. The Company may, during the period of forty-five (45) days following the expiration of the periods provided in Section 3.2 hereof, offer, sell and issue the remaining unsubscribed portion of the New Securities covered by the Participation Right Notice to any persons or entities, at a price and upon general terms no more favorable than those specified in the Participation Right Notice. In the event the Company has not sold the New Securities within said forty-five (45) day period, the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Series D Investors and the Series E Investor in the manner provided in this Article 3.
Sale after Notice. In the event the Purchasers fail to exercise in full the right of first refusal within said five (5) day period, the Company shall have one hundred and twenty (120) days thereafter to sell or enter into an agreement to sell the New Securities respecting which the Purchasers rights were not exercised, at a price and upon general terms no more favorable than specified in the Notice. In the event the Company has not sold the New Securities within said one hundred and twenty (120) day period, the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Purchasers in the manner provided above.
Sale after Notice. If all such Future Shares referred to in the Notice are not elected to be obtained as provided in Section 2.3 hereof, the Company may, during the 90-day period following the expiration of the period provided in Section 2.3 hereof, offer the remaining unsubscribed Future Shares to any person or persons at a price per share not less than, and upon terms no more favorable to the offeree than those specified in the Notice. If the Company does not enter into an agreement for the sale of the Future Shares within such period, or if such agreement is not consummated within ninety (90) days of the execution thereof, the right provided hereunder shall be deemed to be revived and such Future Shares shall not be offered unless first reoffered to the Investors in accordance herewith. If all such Investor Shares referred to in the Investor's Notice are not elected to be purchased as provided in Section 2.3 hereof, the Investor may, during the ninety (90) day period following the expiration of the period provided in Section 2.3 hereof, offer the remaining unsubscribed Investor Shares to any person or persons at a price per share not less than, and upon terms no more favorable to the offeree than those specified in the Investor's Notice. If the Investor does not enter into an agreement for the sale of the Investor Shares within such period, or if such agreement is not consummated within ninety (90) days of the execution thereof, the right provided hereunder shall be deemed to be revived and such Investor Shares shall not be offered unless first reoffered to the Company in accordance herewith.
Sale after Notice. If not all Investors elect to purchase their ----------------- Pro Rata Share of the New Securities, then Investors who do so elect shall be offered the right to acquire such non-participating Investors' Pro Rata Share. If the Investors fail to exercise in full the right of first refusal within said fifteen (15) day period, the Company shall have ninety (90) days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within thirty (30) days from the date of said agreement) to sell the New Securities respecting which the Investors' rights were not exercised, at a price and upon general terms no more favorable than specified in the Notice. In the event the Company has not sold the New Securities within said ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within thirty (30) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Investors in the manner provided above.
Sale after Notice. To the extent the Series A Holders, Series B Holders, Purchasers or Warrant Holders decline to exercise both the right of first refusal and the co-sale right as allowed by this Section, the Selling Shareholder may, within ninety (90) days after the date on which the Series A Holders', Series B Holders', Purchasers' or Warrant Holders' co-sale rights lapsed, transfer some or all of the Significant Holders' Stock which were the subject of the Transfer Notice at a price and on terms no less favorable to the transferees than specified in the Transfer Notice. Significant Holders' Stock transferred in accordance with the provisions of this Section 8 shall no longer be subject to the restrictions on Significant Holders' Stock set forth in this Section 8. After the expiration of said ninety (90) day period, the Selling Shareholder shall not transfer any of his Significant Holders' Stock without first offering such securities to the Series A Holders, Series B Holders, Purchasers and Warrant Holders in the manner provided above.
Sale after Notice. If within forty-two (42) days after receipt by the Investors of copies of the initial written notice pursuant to Section 2.2(a) above, the Investors do not send notice pursuant to Section 2.3 above, then the Major Shareholder shall be free to sell the stock to such prospective purchaser but only on the same terms and conditions as contained in the notice sent to the Investors. In the event the Shares are not disposed of within ninety (90) days following the lapse of the right of co-sale granted pursuant to Section 2.3 to the Investors, they shall once again be subject to the rights of first refusal and co-sale herein provided.
Sale after Notice. To the extent the Purchasers decline to exercise the co-sale right as allowed by this Section, the Selling Shareholder may, within ninety (90) days after the date on which the Purchasers' co-sale rights lapsed, transfer some or all of the Significant Holders' Stock which were the subject of the Transfer Notice at a price and on terms no less favorable to the transferees than specified in the Transfer Notice. Significant Holders' Stock transferred in accordance with the provisions of this Section 7 shall no longer be subject to the restrictions on Significant Holders' Stock set forth in this Section 7. After the expiration of said ninety (90) day period, the Selling Shareholder shall not transfer any of his Significant Holders' Stock without first complying with the provisions of Section 7(a).
