Common use of Second Offer Clause in Contracts

Second Offer. (i) If the Holder proposes to sell or otherwise transfer the Transfer Interests to a third party that is not an Affiliate of the Holder at a price that is less than ninety percent (90%) of the Last Offer Price (the "Proposed Sale Price"), the Holder shall, prior to consummating such sale or transfer of the Transfer Interests to the third party, make an offer to the Company in writing and in accordance with Section 15 (the "Second Sale Notice"), to sell the Transfer Interests to the Company at the Proposed Sale Price.

Appears in 8 contracts

Samples: Alion Mezzanine Warrant Agreement (Alion Science & Technology Corp), Alion Mezzanine Warrant Agreement (Alion Science & Technology Corp), Alion Mezzanine Warrant Agreement (Alion Science & Technology Corp)

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Second Offer. (i) If the Holder holder proposes to sell or otherwise transfer the Transfer Interests to a third party that is not an Affiliate of the Holder holder at a price that is less than ninety percent (90%) of the Last Offer Price (the "Proposed Sale Price"), the Holder holder shall, prior to consummating such sale or transfer of the Transfer Interests to the third party, make an offer to the Company in writing and in accordance with Section 15 19 (the "Second Sale Notice"), to sell the Transfer Interests to the Company at the Proposed Sale Price.

Appears in 1 contract

Samples: Seller Note Securities Purchase Agreement (Alion Science & Technology Corp)

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