Second Offer. (i) If the Company proposes to issue and sell the Offered Securities to a third party at a price that is less than ninety percent (90%) of the Offer Price (the "Second Offer Price") within such nine-month period, the Company shall, prior to consummating such issuance and sale of the Offered Securities to the third party, make a second offer to Holder (the "Second Offer") in writing and in accordance with Section 15 (the "Second Offer Notice"), to purchase, at the Second Offer Price and on the same terms (the "Second Offer Terms") proposed to be issued and sold, a percentage of each class or type of the Offered Securities equal to the Holder Share.
Appears in 4 contracts
Samples: Mezzanine Warrant Agreement (Alion Science & Technology Corp), Mezzanine Warrant Agreement (Alion Science & Technology Corp), Mezzanine Warrant Agreement (Alion Science & Technology Corp)
Second Offer. (i) If the Company proposes to issue and sell the Offered Securities to a third party at a price that is less than ninety percent (90%) of the Offer Price (the "Second Offer Price") within such nine-month period, the Company shall, prior to consummating such issuance and sale of the Offered Securities to the third party, make a second offer to Holder IITRI (the "Second Offer") in writing and in accordance with Section 15 (the "Second Offer Notice"), to purchase, at the Second Offer Price and on the same terms (the "Second Offer Terms") proposed to be issued and sold, a percentage of each class or type of the Offered Securities equal to the Holder IITRI Share.
Appears in 4 contracts
Samples: Seller Warrant Agreement (Alion Science & Technology Corp), Seller Warrant Agreement (Alion Science & Technology Corp), Seller Warrant Agreement (Alion Science & Technology Corp)
Second Offer. (i) If the Company proposes to issue and sell the Offered Securities to a third party at a price that is less than ninety percent (90%) of the Offer Price (the "“Second Offer Price"”) within such nine-month period, the Company shall, prior to consummating such issuance and sale of the Offered Securities to the third party, make a second offer to Holder IIT (the "“Second Offer"”) in writing and in accordance with Section 15 (the "“Second Offer Notice"”), to purchase, at the Second Offer Price and on the same terms (the "“Second Offer Terms"”) proposed to be issued and sold, a percentage of each class or type of the Offered Securities equal to the Holder IIT Share.
Appears in 2 contracts
Samples: Seller Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Alion Science & Technology Corp)
