Common use of Permitted Sales of Refused Securities Clause in Contracts

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Vertical Communications, Inc.), Securities Purchase Agreement (Vertical Communications, Inc.), Securities Purchase Agreement (Vertical Communications, Inc.)

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Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees Participating Stockholders in respect of all the Offered SecuritiesAggregate Basic Amount, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 6(a) to close the sale of all or any part of such Offered Securities Aggregate Basic Amount as to which a Notice of Acceptance has not been given by the Offerees Participating Stockholders (the "Refused Securities") to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 5 contracts

Samples: Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Purchasers in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration end of the said 20-day period set forth above to close the sale of all or sell any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchasers (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 4 contracts

Samples: Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc)

Permitted Sales of Refused Securities. In the event that Notices a Notice of Acceptance are is not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety one hundred thirty five (90135) days from the expiration end of the said 20-day period set forth above to close the sale of all or sell any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchaser (the "Refused Securities") to the Person or Persons specified in the Offer, but only for an amount and kind (or the cash equivalent thereof)of consideration and otherwise in all respects upon the terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company (as determined in good faith by the Board of Directors) than those set forth in the Offer.

Appears in 3 contracts

Samples: Stock Purchase Agreement (General Components, Inc.), Stock Purchase Agreement (General Components, Inc.), Stock Purchase Agreement (General Components, Inc.)

Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees Participating Stockholders in respect of all the Offered SecuritiesAggregate Basic Amount, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 6(a) to close the sale of all or any part of such Offered Securities Aggregate Basic Amount as to which a Notice of Acceptance has not been given by the Offerees Participating Stockholders (the “Refused Securities”) to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc), Stockholders Agreement (Cogent Communications Group Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Purchasers in respect of all the Offered Securities, the Company shall have ninety seventy-five (9075) days from the expiration of the period set forth above in Section 6.01 to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchasers (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and/or debt securities and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Occupational Health (Axa U S Growth Fund LLC), Venture Capital Fund of New England Iii Lp, Venrock Associates

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement (Demandware Inc), Investor Rights Agreement (Demandware Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 3 contracts

Samples: Rights Agreement (Voxware Inc), Investor Rights Agreement (Voxware Inc), Voxware Inc

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered Securities, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bookham, Inc.), Securities Purchase Agreement (Tag Entertainment Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (M/C Venture Partners V, L.P.), Securities Purchase Agreement (M/C Venture Partners V, L.P.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash the consideration described in the Offer and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Investor Rights Agreement (Versant Ventures II LLC), Investor Rights Agreement (Helicos Biosciences Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section Article III to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all material respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Investor Rights Agreement (Enernoc Inc), Investor Rights Agreement (Enernoc Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 13(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit share price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Investor Rights Agreement (Collegium Pharmaceutical, Inc), Investor Rights Agreement (Collegium Pharmaceutical Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety thirty (9030) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 2 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement (Mevion Medical Systems, Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance Acceptances are not given by the Offerees Preferred Shareholders in respect of all the Offered offered Securities, the Company shall have ninety (90) sixty days from the expiration of the period set forth above in Section 12.1 to close the sale of sell all or any part of such Offered Securities as to which a Notice Notices of Acceptance has have not been given by the Offerees Preferred Shareholders (the "Refused Securities") to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, including unit price and interest rates, which that are no not materially more favorable, in the aggregate, favorable to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Registration and First Refusal Rights Agreement (Voicetek Corp)

Permitted Sales of Refused Securities. In the event that Notices a Notice of Acceptance are is not given by the Offerees Offeree in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the 30-day period set forth above in Section 7.1 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Offeree (the "Refused Securities") to the Person or Persons specified in Persons, for the Offer, but only for cash stated consideration and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Paula Financial)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) 60 days from the expiration of the period set forth above in Section 11(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Investor Rights Agreement (NameMedia, Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Securityholders in respect of all the Offered New Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above in Section 3.1 to close the sale of sell all or any part of such Offered New Securities as to which a Notice of Acceptance has not been given by the Offerees Securityholders (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Caminus Corp

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Investor Rights Agreement (Supernus Pharmaceuticals Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Purchasers in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 5.01 to close the 24 -20- sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchasers (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Akamai Technologies Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of the Remaining Securities and such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the “Refused Securities”"REFUSED SECURITIES") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Escrow Agreement (Mediabay Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered SecuritiesSecurities within the time frames required by paragraph (b) above, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Note Purchase Agreement (SkyPostal Networks, Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Significant Investors in respect of all the Offered Securities, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Significant Investor (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Verso Technologies Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) 90 days from the expiration of the 30-day period set forth above in Section 11.01 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the any Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Contribution Agreement (Mortgage Com Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered Securities, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Exchange Agreement (Bookham, Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety forty five (9045) days from the expiration of the fifteen (15) day period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons the purchasers or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Stock and Warrant Subscription Agreement (Neurologix Inc/De)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Investors in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the 15 day period set forth above in Section 6(b) to close the sale of all or any part of such Offered Securities as to which a Notice Notices of Acceptance has have not been given by the Offerees Investors (the “Refused Securities”) to the Person or Persons specified in the OfferOffer Notice, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the OfferOffer Notice.

Appears in 1 contract

Samples: Stockholders Agreement (Inotek Pharmaceuticals Corp)

Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees Investor Securityholders in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 4.1 to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Investor Securityholders (the “Refused Securities”) to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Fourth Amended And (Rib X Pharmaceuticals Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the 15-day period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons Proposed Buyer specified in the Offer, but only for cash and otherwise in all respects upon material terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons Proposed Buyer or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Investor Rights Agreement (KAYAK SOFTWARE Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) 90 days from the expiration of the 30-day period set forth above in Section 8.01 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the any Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mortgage Com Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) 90 days from the expiration of the period set forth above in Section 10(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Investor Rights Agreement (Sige Semiconductor Inc)

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Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Purchasers in respect of some or all of the Offered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Purchaser (the “Refused Securities”) to the Person persons or Persons entities specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person persons or persons entities or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nanosensors Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Buyer in respect of all the Offered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above in Section 4(r)(i) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Buyer (the "Refused Securities") to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aphton Corp)

Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees Buyers in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 4(m)(i) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Buyer (the "Refused Securities") (as well as the other securities proposed to be issued in a Future Issuance) to the any other Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digitalthink Inc)

Permitted Sales of Refused Securities. In the event that Notices a Notice of Acceptance are is not given by the Offerees Purchaser in respect of all the Offered Securities, the Company shall have ninety (90) 90 days from the expiration of the 30-day period set forth above in Section 10.01 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchaser (the "Refused Securities") to the any Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Stock Purchase Agreement (Information Management Associates Inc)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees Buyer in respect of all the Offered Securities, the Company shall have ninety sixty (9060) days from the expiration of the period set forth above in Section 4(g)(i) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Buyer (the "Refused Securities") to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Va Software Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Purchasers in respect of some or all of the Offered Securities, the Company shall have ninety thirty (9030) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Purchaser (the "Refused Securities") to the Person persons or Persons entities specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person persons or persons entities or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Debenture Purchase and Warrant Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the 30-day period set forth above in Section 8.01 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the OfferPersons, but only for far cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those .those' set forth in the Offer.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Paula Financial)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered Securities, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the “Refused Securities”) to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Subscription Agreement (Proxim Corp)

Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company Corporation shall have ninety (90) 90 days from the expiration of the period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorablefavourable, in the aggregate, to such other person or persons or less favorable favourable to the Company Corporation than those set forth in the Offer.

Appears in 1 contract

Samples: Agreement (Akela Pharma Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investors in respect of all the Offered SecuritiesSecurities within the time frames required by paragraph (b) above, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees an Investor (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety seventy-five (9075) days from the expiration of the fifteen (15) day period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons the purchasers or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Stock and Warrant (Neurologix Inc/De)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above to close the sale issue and allotment of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer), but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Subscription Agreement (Amarin Corp Plc\uk)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash the consideration described in the Offer and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Investor Rights Agreement (Helicos Biosciences Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 13(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Rights Agreement (Fastnet Corp)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety seventy-five (9075) days from the expiration of the fifteen (15) day period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person person or Persons persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons the purchasers or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Neurologix Inc/De)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given timely delivered by the Offerees Investor in respect of all the Offered SecuritiesSecurities within the time frames required by paragraph (b) above, the Company shall have ninety forty-five (9045) days from the expiration of the period set forth above Offer Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Investor (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest ratesrates (if applicable), which are no more favorableare, in the aggregate, no more favorable to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Note Purchase Agreement (SkyShop Logistics, Inc.)

Permitted Sales of Refused Securities. In the event that If Notices of Acceptance are not given by the Offerees Buyers in respect of all of the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above in Section 4(o)(i) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Buyer (the “Refused Securities”"REFUSED SECURITIES") (as well as the other securities proposed to be issued in a Future Issuance) to the any other Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Noble International LTD)

Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) 90 days from the expiration of the 30-day period set forth above in Section 11.01 to close the sale of sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”"REFUSED SECURITIES") to the any Person or Persons specified in the OfferPersons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Contribution Agreement (Mortgage Com Inc)

Permitted Sales of Refused Securities. In the event that Notices a Notice of Acceptance are not given by the Offerees Purchaser in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration end of the said 30-day period set forth above to close the sale of all or sell any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees Purchaser (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person Person or persons Persons or less favorable to the Company than those set forth in the Offer.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Verticalnet Inc)

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