Common use of Exercise of Right of First Offer Clause in Contracts

Exercise of Right of First Offer. If the Company proposes to issue New Securities, the Company shall give written notice to Guidant stating (a) its bona fide intention to offer or issue New Securities, (b) the number of such New Securities to be offered, (c) the price and general terms upon which it proposes to offer such New Securities, and (d) the identity of the persons or entities or classes of persons or entities to whom such New Securities are proposed to be issued. Within twenty (20) calendar days after receipt of such notice, Guidant may elect to purchase or obtain, at the price and on the terms specified in the notice, up to its pro rata share of such New Securities, as such pro rata share is calculated pursuant to Section 0 hereof, in the event the Company proposes to issue such New Securities to persons or entities by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. Guidant shall retain its right of first offer pursuant to Section 13 hereof until (i) this Agreement terminates or (ii) upon a Change of Control described in Section 12.10 hereof and shall not be affected in any way by any previous refusals to exercise its right of first offer and to purchase any New Securities.

Exercise of Right of First Offer. If the Company proposes to issue New Securities, the Company shall give written notice to Guidant Xxxxxx stating (a) its bona fide intention to offer or issue New Securities, (b) the number of such New Securities to be offered, (c) the price and general terms upon which it proposes to offer such New Securities, and (d) the identity of the persons or entities Persons or classes of persons or entities Persons to whom such New Securities are proposed to be issued. Within twenty (20) calendar days after receipt of such notice, Guidant Abbott may elect to purchase or obtain, at the price and on the terms specified in the notice, up to its pro rata share of such New Securities, as such pro rata share is calculated pursuant to Section 0 12.2 hereof, in the event the Company proposes to issue such New Securities to persons or entities Persons, by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. Guidant Abbott shall retain its right of first offer pursuant to Section 13 12 hereof until (i) this Agreement terminates or (ii) upon a Change of Control described in Section 12.10 11.10 hereof and shall not be affected in any way by any previous refusals to exercise its right of first offer and to purchase any New Securities.

Exercise of Right of First Offer. If the Company proposes to issue New Securities, the Company shall give written notice to Guidant Abbott stating (a) its bona fide intention to offer or issue New Securities, (b) the number of such New Securities to be offered, (c) the price and general terms upon which it proposes to offer such New Securities, and (d) the identity of the persons or entities Persons or classes of persons or entities Persons to whom such New Securities are proposed to be issued. Within twenty (20) calendar days after receipt of such notice, Guidant Abbott may elect to purchase or obtain, at the price and on the terms specified in the notice, up to its pro rata share of such New Securities, as such pro rata share is calculated pursuant to Section 0 12.2 hereof, in the event the Company proposes to issue such New Securities to persons or entities Persons, by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. Guidant Abbott shall retain its right of first offer pursuant to Section 13 12 hereof until (i) this Agreement terminates or (ii) upon a Change of Control described in Section 12.10 11.10 hereof and shall not be affected in any way by any previous refusals to exercise its right of first offer and to purchase any New Securities.

Exercise of Right of First Offer. If the Company proposes to issue New Securities, the Company shall give written notice to Guidant Century stating (a) its bona fide intention to offer or issue New Securities, (b) the number of such New Securities to be offered, (c) the price and general terms upon which it proposes to offer such New Securities, and (d) the identity of the persons or entities Persons or classes of persons or entities Persons to whom such New Securities are proposed to be issued. Within twenty (20) calendar days after receipt of such notice, Guidant Century may elect to purchase or obtain, at the price and on the terms specified in the notice, up to its pro rata share of such New Securities, as such pro rata share is calculated pursuant to Section 0 12.2 hereof, in the event the Company proposes to issue such New Securities to persons or entities Persons, by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. Guidant Century shall retain its right of first offer pursuant to Section 13 12 hereof until (i) this Agreement terminates or (ii) upon a Change of Control described in Section 12.10 11.10 hereof and shall not be affected in any way by any previous refusals to exercise its right of first offer and to purchase any New Securities.