Sale of Shares by Purchaser. If all of the Shares to which the Notice refers are not elected to be purchased, as provided in this Section 5(b), Purchaser may sell the Shares to any person named in the Notice at the price specified in the Notice or at a higher price, provided that such sale or transfer is consummated within sixty (60) days of the date of said Notice to the Company, and provided, further, that any such sale is in accordance with all the terms and conditions hereof.
Appears in 6 contracts
Samples: Restricted Stock Purchase Agreement (Avanex Corp), Restricted Stock Purchase Agreement (Avanex Corp), Stock Purchase Agreement (Avanex Corp)
Sale of Shares by Purchaser. If all of the Shares to which the Notice refers are not elected to be purchased, as provided in this Section 5(b3(b), Purchaser may sell the Shares to any person named in the Notice at the price specified in the Notice or at a higher price, provided that such sale or transfer is consummated within sixty (60) days of the date of said Notice to the Company, and provided, further, that any such sale is in accordance with all the terms and conditions hereof.
Appears in 1 contract
Samples: Founder's Stock Repurchase Agreement (Va Linux Systems Inc)
