Common use of Acceptance by Stockholders Clause in Contracts

Acceptance by Stockholders. If the Corporation fails to exercise said option within said thirty (30) day period, then for a five (5) day period thereafter the other Stockholder(s) of the Corporation shall have the option to purchase such shares, such option to be exercised in the same manner as that of the Corporation, and the purchase price and terms of payment to be the same for the Stockholder(s) as for the Corporation as set forth in Paragraph 3 hereof. The option may be exercised by the Stockholders pro rata (based on that proportion which the number of shares owned by each other Stockholder bears to the total number of shares then outstanding, not counting the shares proposed to be sold), and if one (or more) of the Stockholders does not desire to exercise his option, then his option shall be exercisable on a pro rata basis by the other Stockholders (not counting for any purpose, the shares proposed to be sold or the shares owned by any Stockholder who does not desire to exercise his option); or the option may be exercised by the other Stockholders on such basis as they may agree upon.

Appears in 2 contracts

Samples: Buy Sell Agreement (Humitech International Group Inc), Buy Sell Agreement (Humitech International Group Inc)

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Acceptance by Stockholders. If the Corporation fails to exercise said option within said thirty (3027) ( ) day period, then for a five (528) ( ) day period thereafter the other Stockholder(s) of the Corporation shall have the option to purchase such shares, such option to be exercised in the same manner as that of the Corporation, and the purchase price and terms of payment to be the same for the Stockholder(s) as for the Corporation as set forth in Paragraph 3 hereof. The option may be exercised by the Stockholders pro rata (based on that proportion which the number of shares owned by each other Stockholder bears to the total number of shares then outstanding, not counting the shares proposed to be sold), and if one (or more) of the Stockholders does not desire to exercise his option, then his option shall be exercisable on a pro rata basis by the other Stockholders (not counting for any purpose, the shares proposed to be sold or the shares owned by any Stockholder who does not desire to exercise his option); or the option may be exercised by the other Stockholders on such basis as they may agree upon.

Appears in 2 contracts

Samples: Buy Sell Agreement, Buy Sell Agreement

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Acceptance by Stockholders. If the Corporation Company fails to exercise said option within said thirty (30) [NUMBER] day period, then for a five (5) [NUMBER] day period thereafter the other Stockholder(s) of the Corporation Company shall have the option to purchase such shares, such option to be exercised in the same manner as that of the CorporationCompany, and the purchase price and terms of payment to be the same for the Stockholder(s) as for the Corporation Company as set forth in Paragraph 3 hereof. The option may be exercised by the Stockholders pro rata (based on that proportion which the number of shares owned by each other Stockholder bears to the total number of shares then outstanding, not counting the shares proposed to be sold), and if one (or more) of the Stockholders does not desire to exercise his option, then his option shall be exercisable on a pro rata basis by the other Stockholders (not counting for any purpose, the shares proposed to be sold or the shares owned by any Stockholder who does not desire to exercise his option); or the option may be exercised by the other Stockholders on such basis as they may agree upon.

Appears in 1 contract

Samples: Agreement of Purchase

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