Sale to Third Parties. If less than all of the Offered New Securities are elected to be purchased or acquired as provided in Section 3.2, the Company may, during the thirty (30) day period following the expiration of the 15-day period as set forth in Section 3.2, offer and sell the remaining unsubscribed portion of such securities to the Proposed Third Party Purchaser in the Issuance Notice at a price not less than, and upon terms no more favorable to the Proposed Third Party Purchaser than, those specified in the Issuance Notice. If the Company does not enter into an agreement for the sale of such securities within such period, or if such agreement is not consummated within thirty (30) days after the execution thereof, the right of first refusal provided hereunder shall be deemed to be revived and such securities shall not be offered to a third party unless first reoffered to Citadel in accordance with this Section.
Appears in 2 contracts
Samples: Investor Rights Agreement (Origin Agritech LTD), Investor Rights Agreement (American Dairy Inc)
Sale to Third Parties. If less than all of To the Offered New Securities extent that the Shares are not elected to be purchased or acquired as provided in Section 3.24.2, the Company may, during the thirty sixty (3060) day period following the expiration of the 1510-day period as set forth in Section 3.24.2, offer and sell the remaining unsubscribed portion of such securities to the Proposed Third Party Purchaser in the Issuance Notice at a price not less than, and upon terms no more favorable to the Proposed Third Party Purchaser than, those specified in the Issuance Notice. If the Company does not enter into an agreement for the sale of such securities within such period, or if such agreement is not consummated within thirty sixty (3060) days after the execution thereof, the right of first refusal provided hereunder shall be deemed to be revived and such securities Shares shall not be offered to a third party unless first reoffered to Citadel the Holder in accordance with this SectionSection 4.
Appears in 2 contracts
Samples: Investor Rights Agreement (Chindex International Inc), Securities Purchase Agreement (Chindex International Inc)