Common use of Non-Exercise Clause in Contracts

Non-Exercise. Subject to Section 4.2, to the extent the Investors do not elect to participate in the sale of Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety (90) days following delivery of the Transfer Notice to each Investor, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the Investors. Any proposed transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 and this Section 5.

Appears in 3 contracts

Sources: Investors’ Rights Agreement, Investors’ Rights Agreement (ChinaCache International Holdings Ltd.), Investors’ Rights Agreement (ChinaCache International Holdings Ltd.)

Non-Exercise. Subject to Section 4.2, to the extent the Investors do not elect to participate in the sale of Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety (90) days following delivery of the Transfer Notice to each Investor, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the Investors. Any proposed transfer on with any terms and conditions more favorable to the purchasers than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 and this Section 5.

Appears in 3 contracts

Sources: Shareholder Agreement, Shareholder Agreements (LexinFintech Holdings Ltd.), Shareholder Agreement (LexinFintech Holdings Ltd.)

Non-Exercise. Subject to Section 4.2, to the extent the Investors Non-Selling Shareholders do not elect to participate in the sale of Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety (90) days following delivery of the Transfer Notice to each InvestorNon-Selling Shareholder, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the InvestorsNon-Selling Shareholders. Any proposed transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 and this Section 5.

Appears in 2 contracts

Sources: Shareholder Agreement (ForU Worldwide Inc.), Shareholder Agreement (ForU Worldwide Inc.)

Non-Exercise. Subject to Section 4.24.2 and this Section 5, to the extent the Investors do not elect to participate in the sale of the Transfer Shares pursuant to the First Transfer Notice, the Ordinary Selling Shareholder may, not later than shall have ninety (90) days following Business Days after delivery of the First Transfer Notice to each Investor, effect a transfer of the Transfer Shares covered by the First Transfer Notice and not elected to be sold by the Investors. Any proposed transfer on terms and conditions more favorable than those described in the First Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Ordinary Selling Shareholder, shall be subject to the procedures described in Section 4 4.2 and this Section 5.

Appears in 2 contracts

Sources: Shareholders Agreement (Youdao, Inc.), Shareholder Agreement (Youdao, Inc.)

Non-Exercise. Subject to Section 4.2, to the extent the Investors Co-Sale Right Holders do not elect to participate in the sale of Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety one hundred and twenty (90120) days following delivery of the Transfer Notice to each InvestorCo-Sale Right Holder, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the InvestorsCo-Sale Right Holders. Any proposed transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 and this Section 5.

Appears in 2 contracts

Sources: Shareholder Agreement (Yuanbao Inc.), Shareholder Agreement (Yuanbao Inc.)

Non-Exercise. Subject to Section 4.2, to To the extent the Investors do Investor does not elect to participate in the sale of Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety (90) days following delivery of the Transfer Notice to each the Investor, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the InvestorsInvestor. Any proposed transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 Sections 5.3 and this Section 55.4.

Appears in 1 contract

Sources: Investor's Rights Agreement (Ninetowns Internet Technology Group Co LTD)

Non-Exercise. Subject to Section 4.2, to To the extent the Investors Co-Sale Rights Holders do not elect to participate in the sale of the Remaining Transfer Shares pursuant to the Transfer Notice, the Selling Shareholder may, not later than ninety (90) days following delivery of the Transfer Notice to each InvestorCo-Sale Rights Holder, effect a transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold by the InvestorsCo-Sale Rights Holders. Any proposed transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer of any Shares by the Selling Shareholder, shall be subject to the procedures described in Section 4 4.2 and this Section 5.

Appears in 1 contract

Sources: Shareholder Agreement (So-Young International Inc.)

Non-Exercise. Subject to Section 4.2, to To the extent the Investors do not elect to participate in the sale of Transfer Shares pursuant subject to the Transfer Notice, the Selling Shareholder may, not later than within ninety (90) days following delivery to the Company and each of the Investors of the Transfer Notice to each InvestorNotice, effect conclude a transfer Transfer of the Transfer Shares covered by the Transfer Notice and not elected to be sold purchased by the Investors, on terms and conditions not more favorable to the transferor than those described in the Transfer Notice. Any proposed transfer Transfer on terms and conditions more favorable than those described in the Transfer Notice, as well as any subsequent proposed transfer Transfer of any Shares by the Selling Shareholder, shall again be subject to the co-sale rights of the Investors and shall require compliance by the Selling Shareholder with the procedures described in Section 4 and this Section 55.2.

Appears in 1 contract

Sources: Subscription and Contribution Agreement (Mecox Lane LTD)