Common use of Further Sales Clause in Contracts

Further Sales. To the extent the Company, First Reserve and the Co-Sale Stockholders do not exercise their rights under Sections 3.2 or 3.3 with respect to the sale of Stock subject to the Notice or the Final Notice, the Seller may, not later than sixty (60) days following delivery to the Company and the Stockholders of the Final Notice, conclude a transfer of the Stock covered by the Final Notice on terms and conditions equal to those described in the Final Notice. Any proposed transfer on terms and conditions other than those described in the Final Notice or any proposed transfer of any Stock by the Seller after such sixty day period shall again be subject to the co-sale rights and first refusal rights 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.

Further Sales. To the extent the Company, First Reserve and the Co-Sale Stockholders do not exercise their rights under Sections 3.2 or 3.3 with respect to the sale of Common Stock subject to the Notice or the Final Notice, the Seller may, not later than sixty (60) days following delivery to the Company and the Stockholders of the Final Notice, conclude a transfer of the Common Stock covered by the Final Notice on terms and conditions equal to those described in the Final Notice. Any proposed transfer on terms and conditions other than those described in the Final Notice or any proposed transfer of any Common Stock by the Seller after such sixty day period shall again be subject to the co-sale rights and first refusal rights 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 Common Stock shall be effective unless such transferee agrees to be bound by the terms of this Agreement as a Stockholder.