Common use of Company Right of First Refusal Clause in Contracts

Company Right of First Refusal. For a period of ten (10) days following receipt of any Notice described in Section 6.1, the Company shall have the right to purchase all or a portion, of the Selling Stockholder Shares subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder within such ten (10) day period. The Company shall effect the purchase of the Selling Stockholder Shares, including payment of the purchase price, not more than five (5) business days after delivery of the Company’s Notice, and at such time the Selling Stockholder shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Shares so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 3 contracts

Samples: Investor Rights Agreement (Viewray Inc), Investor Rights Agreement (Viewray Inc), Investor Rights Agreement (Viewray Inc)

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Company Right of First Refusal. For a period of ten (10) days following receipt of any Notice described in Section 6.15. 1, the Company shall have the right to purchase all or a portion, portion of the Selling Stockholder Shares subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder within such ten (10) day period. The Company shall effect the purchase of the Selling Stockholder Shares, including payment of the purchase price, not more than five (5) business days after delivery of the Company’s Notice, and at such time the Selling Stockholder shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Shares so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 2 contracts

Samples: Investor Rights Agreement (Sientra, Inc.), Investor Rights Agreement (Sientra, Inc.)

Company Right of First Refusal. For a period of ten (10) days following receipt of any Notice described in Section 6.12.1, the Company shall have the right to purchase all or a portion, portion of the Selling Stockholder Shares Common Holder Stock subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder Common Holder within such ten (10) day period. The Company shall effect the purchase of the Selling Stockholder SharesCommon Holder Stock, including payment of the purchase price, not more than five (5) business days after delivery of the Company’s Notice, and at such time the Selling Stockholder Common Holder shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares Common Holder Stock to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Shares Common Holder Stock so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 1 contract

Samples: Voting Agreement (ARCA Biopharma, Inc.)

Company Right of First Refusal. For a period of ten (10) 20 days following receipt of any Notice described in Section 6.12.3, the Company shall have the right to purchase all or a portion, portion of the Selling Stockholder Controlled Shares subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall may be exercised by the Company’s Board of Directors, as evidenced by a written notice signed by an a duly authorized officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder within applicable Principal Stockholder. If the Company exercises such ten (10) day period. The Company right, it shall effect the purchase of the Selling Stockholder Controlled Shares, including payment of the purchase price, not more than five (5) business 10 days after delivery of the Company’s Company Notice, and at such time the Selling such Principal Stockholder shall deliver to the Company the certificate(s) representing the Selling Stockholder Controlled Shares to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Controlled Shares so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 1 contract

Samples: Sale Agreement (Trulite Inc)

Company Right of First Refusal. For a period of ten fifteen (1015) days following receipt of any Notice described in Section 6.12.1, the Company shall have the right to purchase all or a portion, portion of the Selling Stockholder Shares Founder Stock or Principal Shareholder Stock subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder within such ten (10) day periodFounder or Principal Shareholder. The Company shall effect the purchase of the Selling Stockholder SharesFounder Stock or Principal Shareholder Stock, including payment of the purchase priceprice in full, not more than five (5) business days after delivery of the Company’s Notice, and at such time the Selling Stockholder Founder or Principal Shareholder shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares Founder Stock or Principal Shareholder Stock to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Shares Founder Stock or Principal Shareholder Stock so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 1 contract

Samples: Sale Agreement (NGTV)

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Company Right of First Refusal. For a period of ten (10) days following receipt of any Notice described in Section 6.12.1, the Company shall have the right to purchase all or a portion, portion of the Selling Stockholder Shares shares of Founder Stock subject to such Notice on the same terms and conditions as set forth therein. The Company’s 's purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”"COMPANY NOTICE") and delivered to the Selling Stockholder within such ten (10) day periodFounder. The Company shall effect the purchase of the Selling Stockholder Sharesshares of Founder Stock, including payment of the purchase price, not more than five (5) business days after delivery of the Company’s 's Notice, and at such time the Selling Stockholder Founder shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares shares of Founder Stock to be purchased by the Company, each certificate to be free and clear of any liens, claims or encumbrances and properly endorsed for transfer. The Selling Stockholder Shares shares of Founder Stock so purchased shall thereupon be cancelled canceled and cease to be issued and outstanding shares of the Company’s 's Common Stock.

Appears in 1 contract

Samples: Sale Agreement (Imarx Therapeutics Inc)

Company Right of First Refusal. For a period of ten 30 days (10the “Company ROFR Period”) days following receipt of any Notice described in Section 6.12.1, the Company shall have the right to purchase all or a portion, (but not less than all) of the Selling Stockholder Shares Investor Stock subject to such Notice on the same terms and conditions as set forth therein. The Company’s purchase right shall be exercised by written notice signed by an officer of the Company (the “Company Notice”) and delivered to the Selling Stockholder Investor within such ten (10) day periodthe Company ROFR Period. The Company shall effect the purchase of the Selling Stockholder SharesInvestor Stock, including payment of the purchase price, not more than five (5) business days after delivery of the Company’s Notice, and at such time the Selling Stockholder Investor shall deliver to the Company the certificate(s) representing the Selling Stockholder Shares Investor Stock to be purchased by the Company, each certificate to be properly endorsed for transfer. The Selling Stockholder Shares Investor Stock so purchased shall thereupon be cancelled and cease to be issued and outstanding shares of the Company’s Common Stock.

Appears in 1 contract

Samples: Sale Agreement (U.S. Auto Parts Network, Inc.)

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