Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Rights Holders pursuant to this Section 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 120 ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Rights Holders pursuant to this Section 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten (10) 10 Business Days following the issuance of the First Participation Notice, the Company shall have 120 90 days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such 120 day 90 days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Preemptive Rights Initial Holders pursuant to this Section 7Article XV.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Participation Rights Holder exercises the Preemptive Rights Right of Participation within ten (10) Business Days days following the issuance of the First Participation Notice, the Company shall have 120 days ninety (90) Business Days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Participation Rights Holders pursuant to this Section 73.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 120 ninety days (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercisedremaining New Securities) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice, provided that the prospective purchaser of such New Securities shall comply with this Agreement and the Restated Articles, as maybe amended from time to time. In the event that the Company has not issued and sold such New Securities within such 120 ninety days (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Preemptive Participation Rights Holders pursuant to this Section 73.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten thirty (1030) Business Days days following the issuance receipt date of the First Participation Notice, the Company shall have 120 ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such 120 day 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 Preemptive Rights Holders pursuant to this Section 73.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder Major Investor exercises the Preemptive Rights within ten twenty (1020) Business Days following the issuance of the First Participation Notice, the Company shall have 120 ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price non‑price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Rights Holders Major Investors pursuant to this Section 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Participation Rights Holder timely exercises the Preemptive Rights its Right of Participation within ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Participation Rights Holders pursuant to this Section 73.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Participation Rights Holder exercises the Preemptive Rights Right of Participation within ten (10) Business Days days following the issuance of the First Participation Notice, the Company shall have 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Participation Rights Holders pursuant to this Section 73.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within ten twenty (1020) Business Days following the issuance of the First Participation Notice, the Company shall have 120 ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Rights Holders pursuant to this Section 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Participation Rights Holder exercises the Preemptive Rights within Right of Participation, after ten (10) Business Days days following the issuance of the First Participation Notice, the Company shall have 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such 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 Preemptive Participation Rights Holders pursuant to this Section 73.