Oversubscription Rights. The Security Holders shall have a right of oversubscription such that if any Security Holder declines to purchase its Shareholder Pro Rata Fraction, the other Security Holders shall, among them, subject to Section 3.2(g) below, have the right to purchase up to the balance of the Shareholder Refused Shares not so purchased. Such right of oversubscription may be exercised by a Security Holder by accepting the offer of the Shareholder Refused Shares as to more than its Shareholder Pro Rata Fraction in accordance with Section 3.2(e) below. If, as a result thereof, such oversubscriptions exceed the total number of Shareholder Refused Shares available in respect of such oversubscription privilege, the oversubscribing Security Holders shall be reduced with respect to their oversubscriptions on a pro rata basis in accordance with their respective Shareholder Pro Rata Fractions or as they may otherwise agree among themselves.
Oversubscription Rights. The Founders shall have a right of oversubscription such that if any Founder declines to purchase its Investor Pro Rata Fraction, the other Founder shall have the right, subject to Section 3.3(g) below, to purchase up to the balance of the Investor Refused Shares not so purchased. Such right of oversubscription may be exercised by a Founder by accepting the offer of the Investor Refused Shares as to more than its Investor Pro Rata Fraction in accordance with Section 3.3(e) below.
Oversubscription Rights. (a) In any offering of New Issue Securities, each of the Preemptive Right Stockholders who has accepted the offer to purchase all, but not less than all, of such Preemptive Right Stockholder’s Pro Rata Share of such New Issue Securities pursuant to Section 4.1.2 (each, a “
Oversubscription Rights. Common Shares not sold by the Company through the exercise of Basic Rights will be offered, by means of Oversubscription Rights, to the Record Date Stockholders who have exercised all of their Basic Rights. Record Date Stockholders such as broker-dealers, banks, and other professional intermediaries who hold shares on behalf of clients, may participate in exercising the Oversubscription Rights for the client if the client fully exercises all Basic Rights. All subscriptions pursuant to the exercise of Oversubscription Rights will be fulfilled out of the Common Shares not required to satisfy the Basic Rights which are exercised. If the Common Shares are not sufficient to satisfy all subscriptions pursuant to the Oversubscription Rights, the available Common Shares will be allotted pro rata among those Registered Holders who exercised the Oversubscription Rights, based on the number of Common Shares for which each Registered Holder oversubscribed.
Oversubscription Rights. The Investors shall have a right of oversubscription such that if any Investor declines to purchase its Pro Rata Fraction, the other Investors shall, among them, have the right to purchase up to the balance of the Offered Shares not so purchased. Such right of oversubscription may be exercised by a Investor by accepting the offer of the Offered Shares as to more than its Pro Rata Fraction. If, as a result thereof, such oversubscriptions exceed the total number of Offered Shares available in respect of such oversubscription privilege, the oversubscribing Investors shall be reduced with respect to their oversubscriptions on a pro rata basis in accordance with their respective Pro Rata Fractions or as they may otherwise agree among themselves.
Oversubscription Rights. The Offerees shall have a right of oversubscription such that if any Offeree declines to purchase its Pro Rata Fraction, the other Offerees shall, among them, have the right to purchase up to the balance of the Refused Shares not so purchased. Such right of oversubscription may be exercised by an Offeree by accepting the offer of the Refused Shares as to more than its Pro Rata Fraction. If, as a result thereof, such oversubscriptions exceed the total number of Refused Shares available in respect of such oversubscription privilege, the oversubscribing Offerees shall be reduced with respect to their oversubscriptions on a pro rata basis in accordance with their respective Pro Rata Fractions or as they may otherwise agree among themselves.
Oversubscription Rights. In the event that, in connection with the Subsequent Closing, any Investor indicates that such Investor (each, a “Non-Participating Investor”) does not intend to purchase the full number of shares of Series A Preferred Stock set forth opposite such Non-Participating Investor’s name on Exhibit A for the Subsequent Closing, the Company shall notify each Investor that does intend to purchase the full number of shares of Series A Preferred Stock set forth opposite such Investor’s name on Exhibit A for the Subsequent Closing (each, a “Participating Investor”) of such fact, and each such Participating Investor shall have the additional right (but not the obligation) to purchase at the Subsequent Closing, on a pro rata basis with any other Participating Investors that so elect, any remaining shares of Series A Preferred Stock authorized for sale at the Subsequent Closing (the “Oversubscription Shares”) until all Oversubscription Shares have been purchased or until no Participating Investor desires to purchase any otherwise remaining Oversubscription Shares.
Oversubscription Rights. In the event that, in connection with the Second Closing, any Investor (each, a “Non-Participating Investor”) indicates that such Investor is unable to purchase the full number of shares of Series B Preferred Stock set forth opposite such Non-Participating Investor’s name on Exhibit A for the Second Closing or fails to timely deliver the purchase price for such shares in accordance with Section 1.2 above, the Company shall notify each of Avalon Ventures IX, L.P., MPM BioVentures V, L.P., MidPoint Food & Ag Fund, LP, MidPoint Food & Ag Co-Investment Fund, LP and Kansas Bioscience Authority to the extent that each does intend to purchase the full number of shares of Series B Preferred Stock set forth opposite its name on Exhibit A for the Second Closing (each, a “Participating Major Investor”), of such fact, and each such Participating Major Investor shall have the additional right (but not the obligation) to purchase at the Second Closing, on a pro rata basis with any other Participating Major Investors that so elect, within seven (7) days following its receipt of such notice, any remaining shares of Series B Preferred Stock authorized for sale at the Second Closing (the “Oversubscription Shares”) until all Oversubscription Shares have been purchased or until no Participating Major Investor desires to purchase any otherwise remaining Oversubscription Shares.
Oversubscription Rights. The Purchasers shall have a right of oversubscription such that if any Purchaser fails to accept the Offer as to its Pro Rata Fraction pursuant to Section 3(b), the other Purchasers shall, among them, have the right to purchase up to the balance of the Remaining Shares not so purchased. Within 35 days of the date the Offer was made, the Selling Stockholder will send a notice to the Purchasers who responded to the Offer pursuant to Section 3(c) listing the number of Remaining Shares that remain unpurchased (the “Oversubscription Offer”). Such right of oversubscription may be exercised by a Purchaser by accepting the Oversubscription Offer in writing by another Notice of Intent to Purchase within five days of the date of the Oversubscription Offer as to any amount of the Remaining Shares. If, as a result thereof, such oversubscriptions exceed the total number of Remaining Shares available in respect of such oversubscription privilege, the oversubscribing Purchasers shall be cut back with respect to their oversubscriptions on a pro rata basis in accordance with their respective Pro Rata Fractions or as they may otherwise agree among themselves.
Oversubscription Rights
