Common use of Sale by the Company Clause in Contracts

Sale by the Company. In the event any Shareholder fails to exercise in full his, her or its preemptive right within the twenty (20) day period described in Section 4(c) immediately above, the Company shall have sixty (60) days thereafter to sell the New Securities with respect to which such preemptive right was not exercised at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice pursuant to Section 4(c) immediately above.

Appears in 2 contracts

Samples: Shareholders' Agreement (Hanover Capital Holdings Inc), Shareholders' Agreement (Hanover Capital Holdings Inc)

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Sale by the Company. In the event any Shareholder Stockholder who has a preemptive right under this Section 2.5 fails to exercise in full his, her or its preemptive right within the twenty said five (205) day period described in Section 4(c) immediately aboveperiod, the Company shall have sixty one hundred twenty (60120) days thereafter to sell the New Securities with respect to which such the preemptive right was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 4(c) immediately above2.5(c).

Appears in 2 contracts

Samples: Stockholders' Agreement (Safelite Glass Corp), Stockholders' Agreement (Syratech Corp)

Sale by the Company. In the event If any Shareholder Stockholder who has a preemptive right under this Section 2.5 fails to exercise in full his, her his or its preemptive right within the twenty (20) allotted time day period described in Section 4(c) immediately aboveperiods, the Company shall have sixty six (606) days months thereafter to sell the New Securities with respect to which such the preemptive right was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice notices given pursuant to Section 4(c2.5(a) immediately aboveand (b).

Appears in 1 contract

Samples: Stockholders' Agreement (Eye Care Centers of America Inc)

Sale by the Company. In the event any Shareholder who has a preemptive right under this Section 2.5 fails to exercise in full his, her or its preemptive right within the twenty said five (205) day period described in Section 4(c) immediately aboveperiod, the Company shall have sixty one (601) days year thereafter to sell the New Securities with respect to which such the preemptive right was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 4(c) immediately above2.5(c).

Appears in 1 contract

Samples: Shareholders Agreement (Rayovac Corp)

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Sale by the Company. In the event any Shareholder Stockholder who has a preemptive right under this Section 2.6 fails to exercise in full his, her or its preemptive right within the twenty said five (205) day period described in Section 4(c) immediately aboveperiod, the Company shall have sixty one hundred twenty (60120) days thereafter to sell the New Securities with respect to which such the preemptive right was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 4(c) immediately above2.6(c).

Appears in 1 contract

Samples: Stockholders' Agreement (Holmes Products Corp)

Sale by the Company. In the event any Shareholder Member who has a preemptive right under this Section 2.7 fails to exercise in full his, her or its preemptive right within the twenty said fifteen (2015) day period described in Section 4(c) immediately aboveperiod, the Company shall have sixty one hundred twenty (60120) days thereafter to sell the New Securities with respect to which such the preemptive right was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 4(c) immediately above2.7(c).

Appears in 1 contract

Samples: Members' Agreement (Avery Berkel Holdings LTD)

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