Common use of Non-Exercise of the Right of First Offer Clause in Contracts

Non-Exercise of the Right of First Offer. If, by the end of the Exercise Period, Nova Ponte fails to deliver an exercise notice in respect of, or it notifies the Investors and the Escrow Agent that it or its designee will not exercise the Right of First Offer to acquire all the offered Aggregate Trade Shares, the Escrow Agent shall notify the Offering Investor(s) pursuant to Section 6.03(d)(ii) above. The Offering Investor(s) shall then have the right to Transfer, individually or jointly, all or part of such shares without the need for any further communication to Nova Ponte, subject to Section 6.03(c) above.

Non-Exercise of the Right of First Offer. If, by the end of the Exercise Period, Nova Ponte fails to deliver an exercise notice in respect of, or it notifies the Investors Investor and the Escrow Agent that it or its designee will not exercise the Right of First Offer to acquire all the offered Aggregate Trade Shares, the Escrow Agent shall notify the Offering Investor(s) Investor pursuant to Section 6.03(d)(ii) above. The Offering Investor(s) Investor shall then have the right to Transfer, individually or jointly, all or part of such shares without the need for any further communication to Nova Ponte, subject to Section 6.03(c) above.