Second Election definition
Examples of Second Election in a sentence
Each member of the ▇▇▇▇ Group may elect to purchase any of the remaining Available Shares available to such member of the ▇▇▇▇ Group by delivering written notice to the Company within 10 days after the delivery of the Second Option Notice (with such 10-day period referred to herein as the "Second Election Period").
The failure of Packaging Investors to deliver the Second Election Notice within such fifteen (15) day period shall operate as a waiver of Packaging Investors' rights under this Section 4(b)(iii).
Each Investor may elect to purchase any of the remaining Available Shares available to such Investor by delivering written notice to the Company within 5 days after the delivery of the Second Option Notice (with such 5-day period referred to herein as the "Second Election --------------- Period").
Nant Health shall not to make any dividends or distributions (other than tax distributions) until the Second Election Commencement Date.
Nant Health shall use its commercially reasonable efforts to file a registration statement on Form S-1 with the SEC on or before the First Election Commencement Date and complete a Qualified IPO on or before the Second Election Commencement Date.
The Second Election Notice will contain the addresses of the designee named therein and all of the proposed terms of the Rescission Transaction.
In the event no notice in writing is received by the Company or SUSGP affirmatively elects not to proceed with Phase II, the Company shall have no obligation to proceed with the construction and installation of any of the Phase II ELC Facilities and there shall be no Second Election as provided in Section 6.1(l)(ii) below.
If, following the second Appraisal Process, the Sponsor Group is not satisfied in its sole discretion, with the Appraisal Price (which determination it shall make within fifteen (15) days of completion of the Appraisal Process), then it may elect to initiate the Appraisal Process a third time (the "Third Election"), provided that, the Sponsor Group may not make a Third Election within 12 months of the Second Election.
If the Stockholders Representative fails to provide a Second Election Notice as provided above, the Stockholders will be deemed for all purposes of this Agreement to have elected to consummate such offering pursuant to the previously delivered Election Notice.
In the event SUSGP makes an election on or before the Second Election Date to proceed with the installation of four (4) additional MMLS units as part of Phase II of the ELC Facilities, then, provided that all of the conditions precedent set forth in the LSA are met or waived, the Company shall construct and install four (4) additional MMLS units for Phase II.