Common use of Partial Exercise of the First Refusal Right Clause in Contracts

Partial Exercise of the First Refusal Right. In the event ------------------------------------------- the Corporation makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Owner shall have the option, exercisable by written notice to the Corporation delivered within fifteen (15) business days after Owner's receipt of the Exercise Notice, to effect the sale of the Target Shares pursuant to either of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of Paragraph E.4, as if the Corporation did not exercise the First Refusal Right; or (ii) sale to the Corporation of the portion of the Target Shares which the Corporation has elected to purchase, such sale to be effected in substantial conformity with the provisions of Paragraph E.

Appears in 1 contract

Sources: Stock Issuance Agreement (Siebel Systems Inc)

Partial Exercise of the First Refusal Right. In the event the ------------------------------------------- the Corporation Company makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Owner shall have the option, exercisable by written notice to the Corporation Company delivered within fifteen (15) business days after Owner's receipt of the Exercise Notice, to effect the sale of the Target Shares pursuant to either of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of Paragraph E.4, as if the Corporation Company did not exercise the First Refusal Right; or (ii) sale to the Corporation Company of the portion of the Target Shares which the Corporation Company has elected to purchase, such sale to be effected in substantial conformity with the provisions of Paragraph E.

Appears in 1 contract

Sources: Stock Issuance Agreement (Clearcommerce Corp)

Partial Exercise of the First Refusal Right. In the event the ------------------------------------------- the Corporation Company makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Owner shall have the option, exercisable by written notice to the Corporation Company delivered within fifteen (15) business days after Owner's receipt of the Exercise Notice, to effect the sale of the Target Shares pursuant to either of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-third- party offeror identified in the Disposition Notice, but in full compliance with the requirements of Paragraph E.4, as if the Corporation Company did not exercise the First Refusal Right; or (ii) sale to the Corporation Company of the portion of the Target Shares which the Corporation Company has elected to purchase, such sale to be effected in substantial conformity with the provisions of Paragraph E.

Appears in 1 contract

Sources: Stock Purchase Agreement (Clearcommerce Corp)