Notice from the Company. In the event the Company proposes to undertake an issuance of New Securities, it shall give the Purchaser written notice of its intention, describing the type of New Securities and the price and the terms upon which the Company proposes to issue the same. The Purchaser shall have twenty (20) business days from the date of receipt of any such notice to agree to purchase up to the Purchaser's pro rata share of such New Securities for the price and upon the terms specified in the notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased.
Notice from the Company. In the event the Company proposes to issue New Securities, the Company shall give each Stockholder who has a right of participation under this Section 2.7 written notice of such proposal, describing the type of New Securities and the price and the terms upon which the Company proposes to issue the same. For a period of ten (10) business days following the delivery of such notice by the Company, the Company shall be deemed to have irrevocably offered to sell to each Stockholder its pro rata share of such New Securities for the price and upon the terms specified in the notice. Each Stockholder may exercise its rights of participation hereunder by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. Each Stockholder shall also be entitled to indicate a desire to purchase all or a portion of any New Securities remaining after such pro rata allocation. If, as a result of such oversubscription right, such oversubscriptions exceed the total number of New Securities available in respect of such oversubscription right, the oversubscribing Stockholders shall be cut back with respect to their oversubscriptions on a pro rata basis or as they may otherwise agree among themselves.
Notice from the Company. In the event the Company proposes to undertake an issuance of New Units, the Company shall give each Class A Holder written notice of such proposal (the “Sale Participation Notice”), describing the type of New Units and the price and the terms and conditions upon which the Company proposes to issue the same, and setting forth the pro rata portion of the New Units that such Class A Holder is entitled to purchase pursuant to its Participation Right. For a period of twenty (20) business days following the receipt of such notice from the Company, the Company shall be deemed to have irrevocably offered to sell to each Class A Holder such number of New Units as set forth above for the price and upon the terms specified in the notice. Each Class A Holder may irrevocably exercise its Participation Right hereunder by giving written notice to the Company and stating therein the quantity of New Units to be purchased within twenty (20) business days following the receipt of the Sale Participation Notice from the Company.
Notice from the Company. In the event the Company proposes to issue New Securities, the Company shall give each Stockholder who has a preemptive right under this Section 2.5 written notice of such proposal, describing the type of New Securities and the price and the terms upon which the Company proposes to issue the same. For a period of five (5) days following the delivery of such notice by the Company, the Company shall be deemed to have irrevocably offered to sell to each Stockholder its PRO RATA share of such New Securities for the price and upon the terms specified in the notice. Each Stockholder may exercise its preemptive rights hereunder by giving written notice to the Company and stating therein the quantity of New Securities to be purchased.
Notice from the Company. If the Company proposes to undertake an issuance of New Units to a Vestar Holder, the Company shall give each Employee and Co-Investor who has a Participation Right under this Article VIII written notice of such proposal (the “Sale Participation Notice”), describing the type of New Units and the price and the terms and conditions upon which the Company proposes to issue the same and setting forth such Securityholder’s pro rata portion of the New Units. For a period of ten (10) business days following the receipt of such notice from the Company the Company shall be deemed to have irrevocably offered to sell to each Employee and Co-Investor such number of New Units as set forth above for the price and upon the terms specified in the notice. Each Employee and Co-Investor may irrevocably exercise the Participation Rights hereunder by giving written notice to the Company and stating therein the quantity of New Units set forth in the Sale Participation Notice to be purchased.
Notice from the Company. Subject to the Notice After Sale (explained below), if the Company proposes to undertake an issuance of New Securities in accordance with the Purchase Right explained in this Section, then the Company shall give each Stockholder who has a purchase right written notice of such proposal, describing in reasonable detail the type of New Securities, the price and the terms upon which the Company proposes to issue the same and the formal terms thereof if other than Common Stock. For a period of thirty (30) days following the receipt of such notice by each Stockholder, each Stockholder may elect to purchase up to its Pro-Rata Portion of the New Securities. The Stockholder may exercise such election by giving written notice to the Company within such thirty (30) day period stating therein the quantity of New Securities to be purchased.
Notice from the Company. In the event the Company proposes to issue Shares pursuant to Section 2.5(a), the Company shall give each Stockholder written notice of such proposal, describing the type of Shares to be issued and the price and the terms upon which the Company proposes to issue the same. For a period of ten (10) days following the delivery of such notice by the Company, the Company shall be deemed to have irrevocably offered to sell to each Stockholder its pro rata portion of such Shares, calculated in accordance with Section 2.5(a), for the price and upon the terms specified in the notice. Each Stockholder may exercise its Company Purchase Right by giving written notice to the Company within such ten (10) day period and stating therein the quantity of such Shares to be purchased.
Notice from the Company. In the event the Company proposes to issue New Securities, the Company shall give each Shareholder written notice of such proposal, describing the type of New Securities and the price and the terms upon which the Company proposes to issue such New Securities. For a period of twenty (20) days following the delivery of such notice by the Company, the Company shall be deemed to have irrevocably offered to sell to each Shareholder its PRO RATA share of such New Securities for the price and upon the terms specified in the notice. Each Shareholder may exercise his, her or its preemptive rights hereunder by giving written notice to the Company stating therein the quantity of New Securities to be purchased by such Shareholder. Notwithstanding any other provision of this Section 4, and in addition to any and all rights it may have hereunder, a Preferred Shareholder may (i) assign its rights under this Section 4 to purchase New Securities or cause any New Securities that it may purchase pursuant to this Section 4 to be delivered in the name of any such Person as it may designate and (ii) require that any New Securities that it purchases hereunder be nonvoting to the extent necessary to preserve HCHI's status as a REIT for federal income tax purposes.
Notice from the Company. In the event the Company proposes to undertake an issuance of New Securities, it shall give the Investor written notice of its intention, describing the type of New Securities and the price and the terms upon which the Company proposes to issue the same. Such Investor shall have thirty (30) days from the date any such notice is given to agree to purchase up to its PRO RATA share of such New Securities for the price and upon the terms specified in the notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. A PRO RATA share, for purposes of this Section 2, is the ratio of the number of shares of Common Stock issued and held, including shares issuable upon conversion of the Series A Preferred Stock and/or upon exercise of the Warrant then held, by such Investor to the total number of shares of Common Stock of the Company then outstanding on an as converted and fully diluted basis (excluding shares reserved for option grants not yet granted).
Notice from the Company. In the event the Company proposes to undertake an issuance of New Securities, it shall give the Investors written notice of its intention, describing the type of New Securities and the price and the terms upon which the Company proposes to issue the same. Each Investor shall have thirty (30) days from the date any such notice is given to agree to purchase up to its pro rata share of such New Securities for the price and upon the terms specified in the notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. A pro rata share, for purposes of this Section 2, is the ratio of the number of shares of Registrable Securities issued and held by such Investor to the total number of shares of Common Stock of the Company then outstanding on an as converted and fully diluted basis (excluding shares reserved for option grants not yet granted).
