Common use of Sale of Securities to Offeror Clause in Contracts

Sale of Securities to Offeror. The Transferor may, for sixty (60) days after the expiration of the thirty (30) day period during which the Company may give the counter-notice, sell, pursuant to the terms of the offer, any or all of such Company Option Securities not purchased or agreed to be purchased by the Company or its assignee; provided, however, that the Transferor shall not sell such Company Option Securities to the Offeror if the Offeror is a competitor of the Company and the Company gives written notice to the Transferor, within thirty (30) days of its receipt of the Notice, stating that the Transferor shall not sell such Company Option Securities to such Offeror; and provided, further, that prior to the sale of such Company Option Securities to the Offeror, the Offeror shall execute an agreement with the Company pursuant to which the Offeror agrees to be subject to the restrictions set forth in this Agreement. If any or all of such Company Option Securities are not sold pursuant to an offer within the time permitted above, the unsold Company Option Securities shall remain subject to the terms of this Agreement.

Appears in 8 contracts

Samples: Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc)

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Sale of Securities to Offeror. The Transferor may, for sixty (60) days after the expiration of the thirty (30) day period during which the Company may give the counter-notice, sell, pursuant to the terms of the offerOffer, any or all of such Company Option Securities not purchased or agreed to be purchased by the Company or its assignee; provided, however, that the Transferor shall not sell such Company Option Securities to the Offeror if the Offeror is a competitor of the Company and the Company gives written notice to the Transferor, within thirty (30) days of its receipt of the Notice, stating that the Transferor shall not sell such Company Option Securities to such Offeror; and provided, further, that prior to the sale of such Company Option Securities to the Offeror, the Offeror shall execute an agreement with the Company pursuant to which the Offeror agrees to be subject to the restrictions set forth in this Agreement. If any or all of such Company Option Securities are not sold pursuant to an offer Offer within the time permitted above, the unsold Company Option Securities shall remain subject to the terms of this Agreement.

Appears in 5 contracts

Samples: Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc)

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Sale of Securities to Offeror. The Transferor may, for sixty (60) days after the expiration of the thirty (30) day period during which the Company may give the counter-notice, sell, pursuant to the terms of the offerOffer, any or all of such Company Option Securities not purchased or agreed to be purchased by the Company or its assignee; provided, however, that the Transferor shall not sell such Company Option Securities to the Offeror if the Offeror is a competitor of the Company and the Company gives written notice to the Transferor, within thirty (30) days of its receipt of the Notice, stating that the Transferor shall not sell such Company Option Securities to such Offeror; and provided, further, that prior to the sale of such Company Option Securities to the Offeror, the Offeror shall execute an agreement with the Company pursuant to which the Offeror agrees to be subject to the restrictions set forth in this Agreement. If any or all of such Company Option Securities are not sold pursuant to an offer within the time permitted above, the unsold Company Option Securities shall remain subject to the terms of this Agreement.

Appears in 4 contracts

Samples: Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc)

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