Common use of Sale by the Company Clause in Contracts

Sale by the Company. In the event any Investor fails to exercise in full his or its preemptive (and/or over-allotment) right, the Company shall have 90 days thereafter to sell the New Securities with respect to which the Investor's option was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1), at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 90 day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors in the manner provided herein.

Sale by the Company. In the event any Investor that a Stockholder fails to exercise in full his or its preemptive (and/or over-allotment) rightPreemptive Right hereunder, the Company shall have 90 120 days thereafter after expiration of the 20-day period described in subsection (c) above to sell the New Securities with respect to which the Investor's option such Stockholder’s Preemptive Right was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price not less than and upon terms no more favorable in the aggregate to the purchasers purchaser thereof than specified in the Company's ’s notice. To the extent the Company does not sell all the New Securities offered within said 90 120-day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors such Stockholder in the manner provided hereinabove.

Sale by the Company. In the event any Investor Purchaser fails to exercise in ------------------- full his or its preemptive right (and/or after giving effect to the over-allotment) rightallotment provision of Section 5.1 hereof), the Company shall have 90 days thereafter to sell the New Securities with respect to which the InvestorPurchaser's option was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 90 day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors Purchasers in the manner provided hereinabove.

Sale by the Company. In the event any Investor fails the Investors fail to exercise in full his or its ------------------- their preemptive right (and/or after giving effect to the over-allotment) rightallotment provision of Section 4 hereof), the Company shall have 90 ninety (90) days thereafter to sell the New Securities with respect to which the Investor's option Investors' Right of First Refusal was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price and upon terms no more favorable to the purchasers Additional Investor thereof than specified in the Company's noticeoriginal notice to the Investors. To the extent the Company does not sell all the New Securities offered within said 90 ninety (90) day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors in the manner provided hereinby this Article II.

Sale by the Company. In the event any Investor Preferred Shareholder fails to exercise in full his or its preemptive right (and/or after giving effect to the over-allotmentallotment provision of Section 6(a) righthereof), the Company shall have 90 ninety (90) days thereafter to sell the New Securities with respect to which the Investor's option preemptive right under this Section 6 was not exercised (to by the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)Preferred Shareholders, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's noticePreemptive Rights Notice. To the extent the Company does not sell all the New Securities offered within said 90 120-day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors Preferred Shareholders in the manner provided hereinabove.

Sale by the Company. In the event any Investor fails that the Stockholders fail to exercise in full his or its preemptive (and/or over-allotment) righttheir Preemptive Rights hereunder, the Company shall have 90 one hundred twenty (120) days thereafter after expiration of the twenty (20) day period described in clause (c) above to sell the New Securities with respect to which the Investor's option was Stockholders’ Preemptive Rights were not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price not less than and upon terms no more favorable in the aggregate to the purchasers purchaser thereof than are specified in the Company's ’s notice. To the extent the Company does not sell all the New Securities offered within said 90 one hundred twenty (120) day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors Stockholders in the manner provided hereinabove.

Sale by the Company. In the event any Investor Purchaser fails to exercise ------------------- in full his or its preemptive purchase right (and/or after giving effect to the over-allotment) rightallotment provision of Section 5.2 hereof), the Company shall have 90 ninety (90) days thereafter to sell the New Securities with respect to which the Investorsuch Purchaser's option purchase right was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price and upon terms no more favorable to the purchasers thereof than was specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 90 (90) day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors each Purchaser in the manner provided hereinabove.

Sale by the Company. In the event any Investor fails the Investors fail to exercise in ------------------- full his or its preemptive (and/or over-allotment) righttheir right to purchase their aggregate pro rata share of New Securities, the Company shall have 90 120 days thereafter to sell the New Securities with respect to which the Investor's option Investors' right was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1)exercised, at a price and upon terms no more favorable to the purchasers purchaser thereof than specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 90 120 day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors in the manner provided hereinabove.