Stockholder Election Sample Clauses

Stockholder Election. If the Company does not elect to purchase all of the Offered Shares, then each holder of Stockholder Shares may elect to purchase all or any portion up to such holder’s pro rata share (based on the number of shares of Common Stock held by such holder on a fully-diluted, as-if-converted basis) of the remaining Offered Shares at the price and on the other terms set forth in the Offer Notice, by delivering written notice of such election to the RFR Transferring Stockholder and the Company within 30 days after delivery of the Offer Notice. Any Offered Shares not elected to be purchased by the end of such 30-day period shall during the immediately following 5-day period be reoffered by the RFR Transferring Stockholder to the holders of Stockholder Shares who have elected to purchase their pro rata share of the remaining Offered Shares and, if such Persons collectively indicate interest within said 5-day period in acquiring additional Offered Shares in an amount in excess of the aggregate amount of Offered Shares remaining, such remaining Offered Shares will be allocated among such Persons pro rata in accordance with their respective holdings of Common Stock on a fully-diluted, as-if-converted basis.