Sales to Proposed Transferee. If the Holders do not purchase all of the Offered Shares, the Offered Shares not so purchased may be sold by the Offeror at any time within ninety (90) days after the date the Offer was made, subject to the provisions of Sections 3.2 and 3.3 below. Any such sale shall, subject to Sections 3.2 and 3.3, be to the Proposed Transferee, at not less than the Offered Price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. Any Offered Shares not sold within such 90-day period shall once again be subject to the requirements of a prior offer pursuant to this Section 3.1.
Appears in 3 contracts
Samples: Securityholders Agreement (Horizon Medical Products Inc), Securityholders Agreement (Horizon Medical Products Inc), Securityholders Agreement (Horizon Medical Products Inc)
Sales to Proposed Transferee. If the Holders Purchasers do not purchase all of the Offered Shares, the Offered Shares not so purchased may be sold by the Offeror at any time within ninety one hundred twenty (90120) days after the date the Offer was made, subject to the provisions of Sections 3.2 and 3.3 3.5 below. Any such sale shall, subject to Sections 3.2 and 3.3, shall be to the Proposed Transferee, at not less than the Offered Price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. Any Offered Shares not sold within such 90-one hundred twenty (120) day period shall once again continue to be subject to the requirements of a prior offer pursuant to this Section 3.1. If Offered Shares are sold pursuant to this Section 3.1 to any transferee who is not a party to this Agreement, the Offered Shares so sold shall no longer be subject to this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Vocera Communications, Inc.)
Sales to Proposed Transferee. If the Holders Purchasing Parties do not ---------------------------- purchase all of the Offered Shares, the Offered Shares not so purchased may be sold by the Offeror at any time within ninety (90) days after the date the Offer was made, subject to the provisions of Sections 3.2 and 3.3 below. Any such sale shall, subject to Sections 3.2 and 3.3, shall be to the Proposed Transferee, at not less than the Offered Price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. Any Offered Shares not sold within such 90-day period shall once again continue to be subject to the requirements of a prior offer pursuant to this Section 3.1. If Offered Shares are sold pursuant to this Section 3.1 to any purchaser who is not a party to this Agreement, the Offered Shares so sold shall no longer be subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Autoweb Com Inc)