Common use of Sales to the Prospective Buyer Clause in Contracts

Sales to the Prospective Buyer. If an Investor fails to elect to purchase all or part of its allotment of the Additional Securities described in the Subscription Right Notice within the time period described in Section 3.2, the Company shall be free to complete the proposed issuance or sale of Securities described in the Subscription Right Notice at a price and on other terms no less favorable to the Company than those set forth in the Subscription Right Notice. If the Company does not enter into such an agreement for the sale of such Securities within thirty (30) Business Days after the expiration of the time period described in Section 3.2, or if such agreement is not consummated within ninety (90) days after the execution thereof, such Subscription Rights shall be deemed to be revived and such Additional Securities shall not be issued or sold unless first reoffered to the Investors in accordance with this Article III.

Sales to the Prospective Buyer. If an Investor the Shareholder fails to elect to purchase all or part of its Pro Rata Portion allotment of the Additional Securities new Shares described in the Subscription Right Issuance Notice within the time period described in Section 3.211.3.3, the Company shall be free to complete the proposed issuance or sale of Securities new Shares described in the Subscription Right Issuance Notice at a price and on other terms no less favorable to the Company than those set forth in the Subscription Right Issuance Notice. If the Company does not enter into such an agreement for the sale of such Securities new Shares within thirty forty (3040) Business Days business days after the expiration of the time period described in Section 3.211.3.3, or if such agreement is not consummated within ninety sixty (9060) days after the execution thereof, such Subscription Rights the pre-emptive right provided hereunder shall be deemed to be revived and such Additional Securities new Shares shall not be issued or sold unless first reoffered to the Investors Shareholders in accordance with this Article IIISection 11.3.

Sales to the Prospective Buyer. If an Investor fails to elect to purchase all or part of its allotment of the Additional Securities described in the Subscription Right Notice within the time period described in Section 3.2‎3.2, the Company shall be free to complete the proposed issuance or sale of Securities described in the Subscription Right Notice at a price and on other terms no less favorable to the Company than those set forth in the Subscription Right Notice. If the Company does not enter into such an agreement for the sale of such Securities within thirty (30) Business Days after the expiration of the time period described in Section 3.2‎3.2, or if such agreement is not consummated within ninety (90) days after the execution thereof, such Subscription Rights shall be deemed to be revived and such Additional Securities shall not be issued or sold unless first reoffered to the Investors in accordance with this Article III‎III.