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 forty five (45)-day period as described in Section 5.2 above (or the ten (10)-day period described in Section 5.3 above, if applicable), the Company may sell any New Securities with respect to which the Preferred Shareholders’ rights under this Section 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 sold 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 Preferred Shareholders in the manner provided in this Section 5.

Sales by the Company. For a period of ninety (90) days following the expiration of the forty twenty (20) day period provided in Section 3.1(i) and the five (45)-day 5) day period as described provided in Section 5.2 above (or the ten (10)-day period described in Section 5.3 above3.1(ii), if applicable), the Company may sell any New Securities with respect to which the Preferred ShareholdersOfferees’ rights under this Section 5 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 sold entered into an agreement for the sale of 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 Preferred Shareholders Offerees in the manner provided in this Section 53.

Sales by the Company. For a period of ninety (90) days following the expiration of the forty five last period during which any Shareholder may exercise its preemptive rights (45)-day period as described in including right of over-allotment) under this Section 5.2 above (or the ten (10)-day period described in Section 5.3 above, if applicable)3, the Company may sell any New Securities Shares with respect to which the Preferred Shareholders’ preemptive rights under this Section 5 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 sold such New Securities Shares 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 SecuritiesShares, without first again offering such securities to the Preferred Shareholders in the manner provided in this Section 53.