Common use of Sale of New Securities Clause in Contracts

Sale of New Securities. In the event an Investor fails to exercise its right of participation within the Issuance Notice Period and subject to the 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 by the Issuance Notice shall be closed, if at all, within 60 days after the date of that agreement) to allot and issue the New Securities in respect of which the Investor’s rights were not exercised, at a price and upon general terms no more favorable to the subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within this 90-day period (or allotted and issued New Securities in accordance with the foregoing within 60 days from the date of the agreement), the Company shall not thereafter allot or issue any New Securities without first offering the New Securities to each Investor in the manner provided above.

Appears in 3 contracts

Samples: Shareholders’ Agreement (CDP Holdings, LTD), Shareholders’ Agreement (Sungy Mobile LTD), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)

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Sale of New Securities. In the event an Investor fails that the Participating Investors fail to exercise its right in full their rights of participation within the Issuance Notice Period and subject to 10 day period following receipt of the other Investors’ Oversubscription RightsSecondary 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 by the Issuance Notice thereby shall be closed, if at all, within 60 15 days after the date of that such agreement) to allot and issue sell the New Securities in respect of respecting which the such Participating Investor’s rights were not exercised, at a price and upon general terms no more favorable to the subscriber of the New Securities purchaser thereof than specified in the Issuance Initial Notice. In the event the Company has not sold or entered into an agreement to sell the New Securities within this 90such 75-day period (or allotted sold and issued New Securities in accordance with the foregoing within 60 15 days from the date of the such agreement), the Company shall not thereafter allot issue or issue sell any New Securities without first offering the New Securities such securities to each such 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 an Investor fails to exercise its right of participation within the Issuance Notice Period and subject to the 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 by the Issuance Notice shall be closed, if at all, within 60 days after the date of that agreement) to allot and issue the New Securities in respect of which the Investor’s Investors' rights were not exercised, at a price and upon general terms no more favorable to the subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within this 90-90 day period (or allotted and issued New Securities in accordance with the foregoing within 60 days from the date of the agreement), the Company shall not thereafter allot or issue any New Securities without first offering the New Securities to each Investor in the manner provided above.

Appears in 1 contract

Samples: Shanda Interactive Entertainment Limited Shareholders Agreement (Shanda Interactive Entertainment LTD)

Sale of New Securities. In the event that an Investor or a Founder fails to exercise its right of participation within the Issuance Notice Period and subject to the 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 by the Issuance Notice shall be closed, if at all, within 60 days after the date of that agreement) to allot and issue the New Securities in respect of which the Investor’s or Founder’s rights were not exercised, at a price and upon general terms no more favorable to the subscriber of the New Securities than specified in the Issuance Notice. In the event the Company has not sold the New Securities within this 90-day period (or allotted and issued New Securities in accordance with the foregoing within 60 days from the date of the agreement), the Company shall not thereafter allot or issue any New Securities without first offering the New Securities to each Investor and each Founder in the manner provided above.

Appears in 1 contract

Samples: Shareholders’ Agreement (Bona Film Group LTD)

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Sale of New Securities. In the event an Investor fails to exercise in full its right of participation first refusal within the Issuance Notice Period and subject period of time specified in Section 3.2 or the eligible Investors do not exercise their right of first refusal with respect to all of the other Investors’ Oversubscription RightsNew 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 by the Issuance Notice thereby shall be closed, if at all, within 60 days after the date of that such agreement) to allot and issue sell the New Securities in respect of respecting which the such Investor’s rights were not exercised, at a price and upon general terms no more favorable to the subscriber of the New Securities purchaser thereof than specified in the Issuance Notice. In the event the Company has not sold or entered into an agreement to sell the New Securities within this 90-such 120 day period (or allotted sold and issued New Securities in accordance with the foregoing within 60 days from the date of the agreement), the Company shall not thereafter allot issue or issue sell any New Securities without first offering the New Securities such securities to each such Investor in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc)

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