Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In If the event that the Rights Holders Major Purchasers fail to exercise in full the right of first refusal within such ten (10) plus five (5) day the 10day period, then the Company shall will have 120 one hundred twenty (120) days thereafter to sell the New Securities with respect to which the Rights Holders' Major Purchasers’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable fa- vorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights HoldersMajor Purchasers. In the event that If the Company has not issued and sold the New Securities within such 120-day the 120day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such those New Securities to the Rights Holders Major Purchasers pursuant to this Section 36.

Failure to Exercise. In the event that the any Rights Holders fail Holder fails to exercise in full the participation right of first refusal within such thirty (30) plus ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the such Rights Holders' Holder's rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) business day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 32.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day periodthe applicable periods set forth in Section 3.3, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 12090-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders Owners fail to exercise in full the right of first refusal offer within such ten (10) 15 plus five (5) 15 day period, then the Company shall have 120 45 days thereafter to sell the New Securities with respect to which the Rights Holders' Owners’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Rights Notice to the Rights HoldersOwners. In the event that the Company has not issued and sold the New Securities within such 120-45 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders Owners pursuant to this Section 36.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal offer within such ten (10) plus day period and such five (5) day overallotment period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (10) plus five (515) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such twenty (20) plus ten (10) plus five (5) day period, then the Company shall have 120 sixty (60) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable in any respect to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-sixty (60) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail a Holder fails to exercise the rights granted to him in full Sections 4(a) and (b) above (the right of first refusal "Preemptive Right") within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Holder's Preemptive Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 34.

Failure to Exercise. In the event that If the Rights Holders fail to exercise in full the right of first refusal offer within such ten (10) plus five (5) day period, then the Company shall have 120 60 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that If the Company has not issued and sold the New Securities within such 120-60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such twenty (20) plus ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially no more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such twenty (20) plus ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such twenty (20) plus ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general the same material terms not materially more favorable to the purchasers thereof than as specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, or offers to sell a lesser number of shares than specified in such Notice, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Major Holders fail to exercise in full the right of first refusal within such ten twenty (10) plus five (520) day period, then the Company Corporation shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Major Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Corporation’s Notice to the Rights Major Holders. In the event that the Company Corporation has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company Corporation shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Major Holders pursuant to this Section 37.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day 10)-day period, then the Company shall have 120 sixty (60) days thereafter after the expiration of such ten (10)-day period to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-day sixty (60)-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 32.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the preemptive right of first refusal within such ten (10) plus twenty-five (525) day period, then the Company shall will have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ preemptive rights of first refusal hereunder were not exercised, at a price and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company's ’s New Securities Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3Article 2.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to ------------------- exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 33.4.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) 10 plus five (5) 5 day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders Owners fail to exercise in full the right of first refusal offer within such ten (10) 15 plus five (5) 15 day period, then the Company shall have 120 60 days thereafter to sell the New Securities with respect to which the Rights Holders' Owners’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights HoldersOwners. In the event that the Company has not issued and sold the New Securities within such 120-60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders Owners pursuant to this Section 36.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 one hundred twenty (120) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such one hundred twenty (120-) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 34.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal offer within such twenty plus ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the If any Rights Holders fail Holder fails to exercise in full the right of first refusal within such ten fifteen (1015) plus five (5) day periodperiods, then the Company shall have 120 sixty (60) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that If the Company has not issued and sold the New Securities within such 12060-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the any Rights Holders fail Holder fails to exercise in full the participation right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the such Rights Holders' Holder's rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the purchase right of first refusal within such ten (10) plus five (5) 15 calendar day period, then the Company shall will have 120 60 calendar days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company's New Securities Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-60 calendar day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3ARTICLE III.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (1015) plus five (5) day period, then the Company shall will have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall will not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In To the event extent that the Rights Holders fail to timely exercise in full the right of first refusal within such ten (10) plus five (5) day periodprovided for in Section 3.3, then the Company shall have 120 days thereafter after the expiration of the time periods provided for in Section 3.3 to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In To the event extent that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 33.4.

Failure to Exercise. In the event that the Rights Holders fail to ------------------- exercise in full the right their rights of first refusal as set forth in this Section 2 within such ten (10) plus five (5) -day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 32.

Failure to Exercise. In the event that the Rights Holders fail ------------------- to exercise in full the right of first refusal within such twenty (20) plus ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In To the event extent that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3SECTION 3.4.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (10) plus five (520) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (10) plus five (515) day period, then the Company shall have 120 one hundred twenty (120) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such one hundred twenty (120-) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (10) plus five (520) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that If the Rights Holders fail to exercise in full the right of first refusal offer within such ten (10) plus five (5) 15 day period, then the Company shall will have 120 60 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company's New Securities Notice to the Rights Holders. In the event that If the Company has not issued and sold the New Securities within such 120-60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section Article 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such fifteen (15) plus ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not not-materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail Holder fails to exercise in full the right Right of first refusal First Refusal within such ten thirty (10) plus five (530) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' rights Holder's Right of first refusal First Refusal hereunder were was not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersHolder. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders Holder pursuant to this Section 3Sections 1.1 and 1.2 hereof.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal offer within such ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter after the expiration of such 10-day period to sell the New Securities with respect to which the Rights Holders' rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal offer within such original thirty (30) day period plus the ten (10) plus five (5) day periodperiod for the right of overallotment, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the any Rights Holders fail Holder fails to exercise in full the participation right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the such Rights Holders' Holder’s rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal offer within such ten (10) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter after the expiration of such 10-day period to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the any Rights Holders fail Holder fails to exercise in full the participation right of first refusal within such ten twenty (1020) plus five (5) day period, then the Company shall have 120 ninety (90) days thereafter to sell the New Securities with respect to which the such Rights Holders' Holder's rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 32.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal offer within such ten (10) original 30 day period plus five (5) the 10 day periodperiod for the right of overallotment, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to ------------------- exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) 20-plus-5 day periodperiod pursuant to Section 3.3, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to timely exercise in full the right of first refusal within such ten (10) plus five (5) day periodprovided for in Section 3.3, then the Company shall have 120 days thereafter after the expiration of the time periods provided for in Section 3.3 to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (1015) plus five (5) day period, then the Company shall have 120 sixty (60) days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-sixty (60) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (1015) plus five (5) day period, then the Company shall have 120 90 days thereafter to sell the New Securities with respect to which the Rights Holders' ’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's ’s Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the If any Rights Holders fail Holder fails to exercise in full the right of first refusal offer within such ten (10) thirty plus five (5) day period, then the Company shall have 120 60 days thereafter to sell the New Securities with respect to which the such Rights Holders' Holder’s rights of first refusal offer hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights HoldersNotice. In the event that If the Company has not issued and sold the New Securities within such 120-60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten fifteen (1015) plus five (5) day period, then the Company shall will have 120 sixty (60) days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a the price and upon general the terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-sixty (60) day period, then the Company shall will not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

Failure to Exercise. In the event that the Rights Holders fail to ------------------- exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 60 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price not less than and upon general terms not materially no more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.