Common use of Sales by the Company Clause in Contracts

Sales by the Company. For a period of ninety (90) days following the expiration of the twenty (20) day period provided in Section 3.1(i) and the five (5) day period provided in Section 3.1(ii), if applicable, the Company may sell any New Securities with respect to which the Offerees’ rights under this Section 3 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not entered into an agreement for the sale of such New Securities within such ninety (90) day period, the Company shall not and the other Covenantors shall cause the Company not to thereafter issue or sell any New Securities, without first again offering such securities to the Offerees in the manner provided in this Section 3.

Sales by the Company. For a period of ninety (90) days following the expiration of the twenty forty five (20) day 45)-day period provided as described in Section 3.1(i) and 5.2 above (or the five ten (5) day 10)-day period provided described in Section 3.1(ii)5.3 above, if applicable), the Company may sell any New Securities with respect to which the OffereesPreferred Shareholders’ rights under this Section 3 5 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not entered into an agreement for the sale of sold such New Securities within such ninety (90) day day-period, the Company shall not and the other Covenantors shall cause the Company not to thereafter issue or sell any New Securities, without first again offering such securities to the Offerees Preferred Shareholders in the manner provided in this Section 35.

Sales by the Company. For a period of ninety one hundred and fifty (90150) days following the expiration of the twenty fifteen (2015) day period provided as described in Section 3.1(i) and the five (5) day period provided in Section 3.1(ii), if applicable5.2, the Company may sell any New Securities with respect to which the OffereesPreferred Shareholders’ rights under this Section 3 5 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not entered into an agreement for the sale of sold such New Securities within such ninety one hundred and fifty (90150) day period, the Company shall not and the other Covenantors shall cause the Company not to thereafter issue or sell any New Securities, without first again offering such securities to the Offerees Preferred Shareholders in the manner provided in this Section 35.

Sales by the Company. For a period of ninety (90) days following the expiration of the twenty last period during which any Shareholder may exercise its preemptive rights (20including right of over-allotment) day period provided in under this Section 3.1(i) and the five (5) day period provided in Section 3.1(ii), if applicable3, the Company may sell any New Securities Shares with respect to which the OffereesShareholders’ preemptive rights under this Section 3 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not entered into an agreement for the sale of sold such New Securities Shares within such ninety (90) day period, the Company shall not and the other Covenantors shall cause the Company not to thereafter issue or sell any New SecuritiesShares, without first again offering such securities to the Offerees Shareholders in the manner provided in this Section 3.

Sales by the Company. For a period of ninety (90) days following the expiration of the twenty ten (2010) day period provided as described in Section 3.1(i) and 5.2 above (or the five (5) day period provided described in Section 3.1(ii)5.3 above, if applicable), the Company may sell any New Securities with respect to which the OffereesPreferred Shareholders’ rights under this Section 3 5 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not entered into an agreement for the sale of sold such New Securities within such ninety (90) day period, the Company shall not and the other Covenantors Major Shareholders shall cause the Company to not to thereafter issue or sell any New Securities, without first again offering such securities to the Offerees Preferred Shareholders in the manner provided in this Section 35.