Common use of Issuance of Equity Securities to Other Persons Clause in Contracts

Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- fails to exercise in full the rights of first refusal within such ten (10) day period by giving the agreement referred to in Section 12.2, the Company shall have ninety (90) days thereafter to complete the sale of the Equity Securities in respect of which Investor's rights were not exercised, at a price and upon general terms and conditions no more favorable to the purchasers thereof than specified in the Company's notice to the Investors pursuant to Section 12.2 hereof. If the Company has not sold all of such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to Investor in the manner provided above.

Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- fails the Preemptive Investors do not elect to exercise in full purchase all of the rights of first refusal within such ten (10) day period by giving the agreement referred to in Section 12.2Equity Securities offered, then the Company shall have ninety (90) days thereafter to complete the sale of sell the Equity Securities in with respect of to which Investor's the Preemptive Investors’ rights were not exercised, at a price and upon general terms and conditions no not materially more favorable to the purchasers thereof than specified in the Company's notice to Initial Notice; provided that in no event shall the Investors pursuant to Section 12.2 hereofprice be less than 100% of the price proposed in the Initial Notice. If the Company has not sold all of such Equity Securities within such ninety (90) daysday period, the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to Investor the Investors in the manner provided abovein this Section 4.

Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- fails to exercise in full the rights of first refusal within such ten (10) day period by giving the agreement referred to in Section 12.213.2, the Company shall have ninety (90) days thereafter to complete the sale of the Equity Securities in respect of which Investor's rights were not exercised, at a price and upon general terms and conditions no more favorable to the purchasers thereof than specified in the Company's notice to the Investors pursuant to Section 12.2 13.2 hereof. If the Company has not sold all of such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to Investor in the manner provided above.

Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- the Purchaser fails to exercise in full the rights of first refusal within such ten (10) day period by giving the agreement referred to in Section 12.2refusal, the Company shall have ninety (90) days thereafter to complete the sale of sell the Equity Securities in respect of which Investorthe Purchaser's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company's notice to the Investors Purchaser pursuant to Section 12.2 8.5(b) hereof. If the Company has not sold all of such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 8.5(b), the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to Investor the Purchaser in the manner provided above.