Common use of Subsequent Sale Clause in Contracts

Subsequent Sale. If, prior to the earlier of (i) the Effective Time and (ii) the date which is eighteen (18) months after the exercise of the Company Securities Option by Parent or Purchaser, Parent or Purchaser sells any or all of the Shares purchased from Stockholder to an unaffiliated third party (a "Subsequent Sale") at a per share price in excess of the Offer Price (the "Subsequent Sale Price"), then Parent or Purchaser will pay to Stockholder, within five (5) days of receipt of payment by Parent or Purchaser for such Shares, an amount equal to the excess of the Subsequent Sale Price over the Offer Price multiplied by the number of shares sold in the Subsequent Sale.

Subsequent Sale. If, prior to the earlier of (i) the Effective Time and (ii) the date which is eighteen (18) months after the exercise of the Company Securities Option by Parent or Purchaser, Parent or Purchaser sells any or all of the Shares purchased from Stockholder upon exercise of the Company Securities Option to an unaffiliated third party (a "Subsequent Sale") at a per share price in excess of the Offer Price (the "Subsequent Sale Price"), then Parent or Purchaser will pay to Stockholder, within five (5) days of receipt of payment by Parent or Purchaser for such Shares, an amount equal to the excess of the Subsequent Sale Price over the Offer Price multiplied by the number of shares sold in the Subsequent Sale.