Sale of New Securities. In the event a Major Investor fails to exercise in full its right of first refusal within such 20 day period and a Senior Investor fails to exercise in full its additional right of first refusal within such 10 day period thereafter, 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 60 days after the date of such agreement) to sell the New Securities respecting which such Major Investor’s and Senior Investor’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Notice. In the event the Company has not sold the New Securities within such 90 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Major Investor and such Senior Investor in the manner provided above.
Appears in 3 contracts
Samples: Information and Registration Rights Agreement, Information and Registration Rights Agreement (ConforMIS Inc), Information and Registration Rights Agreement (ConforMIS Inc)
Sale of New Securities. In the event a Major an Investor fails to exercise in full its right of first refusal participation within such 20 day period the Issuance Notice Period and a Senior Investor fails subject to exercise in full its additional right of first refusal within such 10 day period thereafterthe other Investors’ Oversubscription Rights, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby by the Issuance Notice shall be closed, if at all, within 60 days after the date of such that agreement) to sell allot and issue the New Securities respecting in respect of which such Major Investor’s and Senior the Investor’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within such 90 this 90-day period (or sold allotted and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter allot or issue or sell any New Securities without first offering such securities the New Securities to such Major Investor and such Senior each Investor in the manner provided above.
Appears in 3 contracts
Samples: Shareholder Agreement (CDP Holdings, LTD), Shareholder Agreement (Sungy Mobile LTD), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)
Sale of New Securities. In the event a Major Investor fails that the Participating Investors fail to exercise in full its right their rights of first refusal participation within such 20 day period and a Senior Investor fails to exercise in full its additional right of first refusal within such the 10 day period thereafterfollowing receipt of the Secondary Notice, the Company shall have 90 75 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 60 15 days after the date of such agreement) to sell the New Securities respecting which such Major Investor’s and Senior Participating Investor’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Initial Notice. In the event the Company has not sold or entered into an agreement to sell the New Securities within such 90 75-day period (or sold and issued New Securities in accordance with the foregoing within 60 15 days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Major Investor and such Senior Investor in the manner provided above.
Appears in 2 contracts
Samples: Investor Rights Agreement (Everbridge, Inc.), Investor Rights Agreement (Everbridge, Inc.)
Sale of New Securities. In the event a Major an Investor fails to exercise in full its right of first refusal within such 20 day the period and a Senior Investor fails to of time specified in Section 3.2 or the eligible Investors do not exercise in full its additional their right of first refusal within such 10 day period thereafterwith respect to all of the New Securities to be sold as specified in the Notice, the Company shall have 90 120 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 60 days after the date of such agreement) to sell the New Securities respecting which such Major Investor’s and Senior Investor’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Notice. In the event the Company has not sold or entered into an agreement to sell the New Securities within such 90 120 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Major Investor and such Senior Investor in the manner provided above.
Appears in 1 contract
Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc)
Sale of New Securities. In the event that an Investor or a Major Investor Founder fails to exercise in full its right of first refusal participation within such 20 day period the Issuance Notice Period and a Senior Investor fails subject to exercise in full its additional right of first refusal within such 10 day period thereafterthe other Investors’ and Founders’ Oversubscription Rights, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby by the Issuance Notice shall be closed, if at all, within 60 days after the date of such that agreement) to sell allot and issue the New Securities respecting in respect of which such Major the Investor’s and Senior Investoror Founder’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within such 90 this 90-day period (or sold allotted and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter allot or issue or sell any New Securities without first offering such securities the New Securities to such Major each Investor and such Senior Investor each Founder in the manner provided above.
Appears in 1 contract
Sale of New Securities. In the event a Major an Investor fails to exercise in full its right of first refusal participation within such 20 day period the Issuance Notice Period and a Senior Investor fails subject to exercise in full its additional right of first refusal within such 10 day period thereafterthe other Investors' Oversubscription Rights, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby by the Issuance Notice shall be closed, if at all, within 60 days after the date of such that agreement) to sell allot and issue the New Securities respecting in respect of which such Major Investor’s and Senior Investor’s the Investors' rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within such this 90 day period (or sold allotted and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter allot or issue or sell any New Securities without first offering such securities the New Securities to such Major Investor and such Senior each Investor in the manner provided above.
Appears in 1 contract
Samples: Shareholder Agreement (Shanda Interactive Entertainment LTD)