Common use of Non-Exercise of Right Clause in Contracts

Non-Exercise of Right. If, after applying the procedure set forth in Section 4.6 (Exercise of Right of First Refusal), there are still Target Shares not yet been purchased by the Non-Transferring Shareholders (such shares, the “Available For Sale Target Shares”), the Transferring Shareholder shall have a period of ninety (90) days thereafter to sell or otherwise dispose of such Available For Sale Target Shares, subject to the provisions of Section 5 (Right of Co-sale) below, to the Prospective Transferee(s) identified in the Disposition Notice, upon terms and conditions (including the purchase price) no more favorable to such Prospective Transferee(s) than those specified in the Disposition Notice. If the Transferring Shareholder has not completed the sale or disposition of the Available For Sale Target Shares within the specified ninety (90) day period, the Non-Transferring Shareholders’ Right of First Refusal hereunder shall once again apply to the transfer of the Available For Sale Target Shares.

Non-Exercise of Right. If, after applying the procedure set forth in Section 4.6 (Exercise of Right of First Refusal)4.2 and Section 4.3, there are still Target Shares not yet been purchased by the Non-Transferring Shareholders Right of First Refusal Holders (such shares, the “Available For for Sale Target Shares”), the Transferring Shareholder shall have a period of ninety sixty (9060) days thereafter to sell or otherwise dispose of such Available For for Sale Target Shares, subject to the provisions of Section 5 (Right of Co-sale) below, to the Prospective Transferee(s) identified in the original Disposition Notice, upon terms and conditions (including the purchase price) no more favorable to such Prospective Transferee(s) than those specified in the Disposition Notice. If the Transferring Shareholder has not completed the sale or disposition of the Available For for Sale Target Shares within the specified ninety sixty (9060) day days’ period, the Non-Transferring ShareholdersRight of First Refusal Holder’ Right of First Refusal hereunder shall once again apply to the transfer of the Available For for Sale Target Shares.