Common use of Further Sales Clause in Contracts

Further Sales. To the extent the Company, the Control Stockholder and the other Stockholders do not exercise their rights under Sections 3.2, or 3.3 with respect to the sale of Stock subject to the Notice, the Seller may, not later than one hundred twenty (120) days following the first delivery to the Company and the other Stockholders of the Notice, conclude a Transfer of the Stock covered by the Notice and (i) in the case of Section 3.2, not elected to be purchased by the Company or the Stockholders on terms and conditions no less favorable to the Seller than those described in the Notice or (ii) in the case of Section 3.3, not excluded from the Transfer by virtue of the participation therein by Co-Sale Stockholders on the terms and conditions set forth in the Notice. Any proposed Transfer on terms and conditions less favorable to the Seller than those described in the Notice (in the case of a Transfer subject to Section 3.2) or more favorable to the Seller than those described in the Notice (in the case of a Transfer subject to Section 3.3) or any proposed transfer of any Stock by the Seller after such one hundred twenty day period, shall again be subject to the co-sale rights and rights of first refusal of the Stockholders and shall require compliance by the Seller with the procedures described in this Section 3. Notwithstanding the foregoing, no Transfer of the Stock shall be effective unless such transferee agrees to be bound by the terms of this Agreement as a Stockholder.