Timing of Sale. If, with respect to any Participation Notice, any Participant fails to deliver an Exercise Notice within the requisite time period, the Company shall have one hundred fifty (150) days after the expiration of the time in which the Exercise Notice is required to be delivered in which to sell or issue not more than the number of the Company Interests described in the Participation Notice and at a price and on terms not materially less favorable to the Company than were set forth in the Participation Notice. If, at the end of one hundred fifty (150) days following the expiration of the time in which the Exercise Notice is required to be delivered, the Company has not completed the issuance or sale of the Company Interests in accordance with the terms described in the Participation Notice (or, in the case of the price, at a price which is at least 90% of the estimated price set forth in the Participation Notice, which price shall be deemed not to be materially less favorable to the Company than the price set forth in the Participation Notice), the Company shall again be obligated to comply with the provisions of Section 5.2 with respect to, and provide Participants with the opportunity to participate in, any proposed issuance or sale of the Company Interests; provided, however, that notwithstanding the foregoing, if the price at which such the Company Interests is to be sold in an underwritten offering is not at least 90% of the estimated price set forth in the Participation Notice, the Company may inform such Participant or Participants of such fact and such Participant or Participants shall be entitled to elect, by written notice delivered within two business days following receipt of such notice from the Company, to participate in such offering in accordance with the provisions of this Section 5.
Timing of Sale. If any Holder fails to deliver a Holder Tag-Along Notice within the requisite time period, RSI shall have one hundred fifty (150) days after the expiration of the time in which the Holder Tag-Along Notice is required to be delivered to consummate the proposed transaction identified in the Holder Purchase Offer at the price and on the terms that are not more favorable to RSI than those set forth in the Holder Tag-Along Notice (except that the price may be increased by up to 10% from the price set forth in the Holder Tag-Along Notice). If, at the end of such one hundred fifty (150)-day period, RSI has not consummated the proposed transaction, RSI shall again be obligated to comply with the provisions of this Section 6.
Timing of Sale. 16 6.4. Termination of Tag-Along Right...................................16
Timing of Sale. If, with respect to any Tag-Along Notice, Buyer fails to deliver an Exercise Notice within the requisite time period, the Company shall have 120 days after the expiration of the time in which the Exercise Notice is required to be delivered in which to sell or otherwise dispose of not more than the number of shares of Company Stock described in the Tag-Along Notice on terms not more favorable to the Company than were set forth in the Tag-Along Notice. If, at the end of 120 days following the receipt of the Tag-Along Notice, the Company has not completed the sale or other disposition of Company Stock in accordance with the terms described in the Tag-Along Notice, the Company shall again be obligated to comply with the provisions of this Section 8 with respect to, and provide Buyer with the opportunity to participate in, any proposed sale or other disposition of shares of Company Stock in connection with a Tag-Along Transaction.
Timing of Sale. If, with respect to any Participation Notice, any Participant fails to deliver an Exercise Notice within the requisite time period, the Company shall have one hundred twenty (120) days after the expiration of the time in which the Exercise Notice is required to be delivered in which to sell or issue not more than the number of the Company Interests described in the Participation Notice and at a price and on terms not materially less favorable to the Company than were set forth in the Participation Notice. If, at the end of one hundred twenty (120) days following the expiration of the time in which the Exercise Notice is required to be delivered, the Company has not completed the issuance or sale of the Company Interests in accordance with the terms described in the Participation Notice (or, in the case of the price, at a price which is at least 90% of the Initial Price set forth in the Participation Notice, which price shall be deemed not to be materially less favorable to the Company than the price set forth in the Participation Notice), the Company shall again be obligated to comply with the provisions of Section 5.2 with respect to, and provide Participants with the opportunity to participate in, any proposed issuance or sale of the Company Interests.
Timing of Sale. If any Holder fails to deliver a Holder Tag-Along Notice within the requisite time period, FCG shall have one hundred twenty (120) days after the expiration of the time in which the Holder Tag-Along Notice is required to be delivered to consummate the proposed transaction identified in the Holder Purchase Offer at the price and on the terms that are not more favorable to FCG than those set forth in the Holder Tag-Along Notice (except that the price may be increased by up to 10% from the price set forth in the Holder Tag-Along Notice). If, at the end of such one hundred twenty (120) day period, FCG has not consummated the proposed transaction, FCG shall again be obligated to comply with the provisions of this Section 6.
Timing of Sale. If, with respect to any Preemptive Notice, the Preemptive Holders fail to deliver an Exercise Notice within the requisite time period, the Company shall have 90 days after the expiration of the time in which the Exercise Notice is required to be delivered in which to sell not less than 90% and not more than 110% of the number of shares of Participation Securities of the Company described in the Preemptive Notice at a price of not less than the estimated price set forth in the Preemptive Notice. If, at the end of such 90 day period, the Company has not completed the sale or issuance of Participation Securities of the Company in accordance with the terms described in the Preemptive Notice, or in the event of any contemplated sale or issuance within such 90 day period but outside such price parameters, the Company shall again be obligated to comply with the provisions of this Section 15 with respect to, and provide the opportunity to participate in, any proposed sale or issuance of Participation Securities of the Company.
Timing of Sale. Xxxxx Xxxxx will monitor market conditions and evaluate their impact on new-issue securities.
Timing of Sale. After the Settlement Agreement is approved and the Final Agreed Judgment entered, the Trustee will complete the liquidation and wind up process for the Trust and will instruct Pioneer to do the same with respect to the Partnership. As part of this liquidation process, the Pioneer Settlement Interests and the Partnership Assets will be offered for sale via a public auction. The sale will be conducted by Pioneer consistent with the terms contained herein as approved by the Court and the instructions of the Trustee. The sale shall be conducted promptly following the approval of the Settlement Agreement and entry of the Agreed Final Judgment. In conducting the sale, Pioneer may utilize the services of the Oil & Gas Asset Clearinghouse or, as necessary, any other auction service selected by Pioneer. The effective date of the sale of the Pioneer Settlement Interests and the Partnership Interests will be 7:00 a.m. CT of the first day of the month in which the auction occurs subject to the procedures of the auction service.
Timing of Sale. If, with respect to any Company Notice, the Investors fail to exercise in full their Participation Rights with respect to any offering of Securities, the Company shall have eleven (11) days thereafter to sell the Securities in respect of which the Investors' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchasers thereof than specified in the Company Notice to the Investors pursuant to Section 6.2 hereof. If the Company has not sold such Securities within such eleven (11) day period, the Company shall not thereafter issue or sell any Securities without first offering such securities to the Investors in the manner provided above.
