Common use of Sales to the Prospective Buyer Clause in Contracts

Sales to the Prospective Buyer. If the Shareholder fails to elect to purchase all or part of its Pro Rata Portion allotment of the new Shares described in the Issuance Notice within the time period described in Section 11.3.3, the Company shall be free to complete the proposed issuance or sale of new Shares described in the Issuance Notice at a price and on other terms no less favorable to the Company than those set forth in the Issuance Notice. If the Company does not enter into an agreement for the sale of such new Shares within forty (40) business days after the expiration of the time period described in Section 11.3.3, or if such agreement is not consummated within sixty (60) days after the execution thereof, the pre-emptive right provided hereunder shall be deemed to be revived and such new Shares shall not be issued or sold unless first reoffered to the Shareholders in accordance with this Section 11.3.

Sales to the Prospective Buyer. If the Shareholder an Investor fails to elect to purchase all or part of its Pro Rata Portion allotment of the new Shares Additional Securities described in the Issuance Subscription Right Notice within the time period described in Section 11.3.33.2, the Company shall be free to complete the proposed issuance or sale of new Shares Securities described in the Issuance Subscription Right Notice at a price and on other terms no less favorable to the Company than those set forth in the Issuance Subscription Right Notice. If the Company does not enter into such an agreement for the sale of such new Shares Securities within forty thirty (4030) business days Business Days after the expiration of the time period described in Section 11.3.33.2, or if such agreement is not consummated within sixty ninety (6090) days after the execution thereof, the pre-emptive right provided hereunder such Subscription Rights shall be deemed to be revived and such new Shares Additional Securities shall not be issued or sold unless first reoffered to the Shareholders Investors in accordance with this Section 11.3Article III.

Sales to the Prospective Buyer. If the Shareholder an Investor fails to elect to purchase all or part of its Pro Rata Portion allotment of the new Shares Additional Securities described in the Issuance Subscription Right Notice within the time period described in Section 11.3.3‎3.2, the Company shall be free to complete the proposed issuance or sale of new Shares Securities described in the Issuance Subscription Right Notice at a price and on other terms no less favorable to the Company than those set forth in the Issuance Subscription Right Notice. If the Company does not enter into such an agreement for the sale of such new Shares Securities within forty thirty (4030) business days Business Days after the expiration of the time period described in Section 11.3.3‎3.2, or if such agreement is not consummated within sixty ninety (6090) days after the execution thereof, the pre-emptive right provided hereunder such Subscription Rights shall be deemed to be revived and such new Shares Additional Securities shall not be issued or sold unless first reoffered to the Shareholders Investors in accordance with this Section 11.3Article ‎III.