Common use of Sale after Notice Clause in Contracts

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.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Kyphon Inc), Stockholder Rights Agreement (Kyphon Inc)

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Sale after Notice. Upon In the expiration event any Investor fails to ----------------- exercise in full the right of the offering periods ----------------- described abovefirst refusal within said thirty (30) day period, the Company shall have 90 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 30 thirty (30) days from the date of said agreement) to sell the New SecuritiesSecurities respecting which such Investor's rights were not exercised, at a price and upon general terms no more favorable to the investors Investors thereof than specified in the Notice. In the event the Company has not sold the New Securities within said 90 ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within 30 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 Major Holders Investors in the manner provided above.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Inventa Technologies Inc), Preferred Stock Purchase Agreement (Inventa Technologies Inc)

Sale after Notice. Upon In the expiration event the Investors fail to exercise in full the right of the offering periods ----------------- described abovefirst refusal within said thirty (30) day period, the Company shall have 90 sixty (60) 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 SecuritiesSecurities respecting which the Investors' rights were not exercised, 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 sixty (60) day period (or sold and issued New Securities in accordance with the foregoing within 30 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 Major Holders Investors in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Drugabuse Sciences Inc)

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Sale after Notice. Upon In the expiration event any Preferred Holder fails to exercise in full the right of the offering periods ----------------- described abovefirst refusal within said thirty (30) day period, the Company shall have 90 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 30 thirty (30) days from the date of said agreement) to sell the New SecuritiesSecurities respecting which such Preferred Holder's rights were not exercised, at a price and upon general terms no more favorable to the investors Preferred Holders thereof than specified in the Notice. In the event the Company has not sold the New Securities within said 90 ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within 30 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 Major Preferred Holders in the manner provided above.

Appears in 1 contract

Samples: Shareholders Agreement (Inventa Technologies Inc)

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