Post-Issuance Notice. Notwithstanding the notice requirements of Sections 6.1.1 and 6.1.2, the Company may proceed with any Issuance prior to having complied with the provisions of Section 6.1; provided, that the Company will:
Post-Issuance Notice. Notwithstanding the requirements of Section 5.1, the Issuer may proceed with any Issuance prior to having complied with the provisions of Section 5.1; provided that the Issuer shall:
Post-Issuance Notice. Notwithstanding the requirements of Section 6(a) and Section 6(b) above, the Company or its subsidiary (as applicable) may proceed with an issuance of New Securities prior to having complied with the provisions of such sections; provided, that the Company or such subsidiary shall: (i) provide to each Material Holder who would have received notice of such issuance of New Securities (x) reasonably prompt notice of such issuance and (y) the Issuance Notice described in Section 6(b) in which the actual price paid for such New Securities shall be set forth; (ii) offer to issue (or to provide for the sale by the Person to which the Company has initially authorized an issuance of New Securities implicating Section 6(a)) to such Material Holders such number of New Securities of the type issued in the issuance as may be requested by such Material Holders that such Material Holders would have been entitled to purchase pursuant to Section 6(a) on the same economic terms and conditions with respect to such New Securities as the subscribers or purchasers in the issuance received; and (iii) keep such offer open for a period of 30 Business Days, during which period, each such Material Holder may accept such offer by sending written notice to the Company describing such Material Holder’s election to purchase all or any portion of the amount of New Securities available for purchase by such Material Holder as calculated in accordance with Section 6(a). If all of the New Securities offered to the Material Holders pursuant to this Section 6(e) are not fully subscribed for by each Material Holder, the remaining New Securities shall be reoffered by the Company to the Material Holders purchasing their full portion upon the terms set forth in this Section 6(e) one additional time and each participating Material Holder shall be permitted to commit to acquiring all of the New Securities being reoffered pursuant to this Section 6(e) (and any over commitment shall be cut back pro rata on the basis of each such participating Material Holder’s relative pro rata portion of the New Securities, as calculated in accordance with Section 6(a)), except that such Material Holders must exercise their purchase rights within 5 Business Days after notice of such reoffer has been given by the Company to such Material Holder.
Post-Issuance Notice. Notwithstanding the advance notice requirements set forth in Section 4.2, if the Board determines that special circumstances warrant, the Company may provide a Preemptive Offer Notice after the issuance of the New Debt or Equity Interests (the “Issuance”), in which case the Company shall ensure that each Preemptive Rights Holder that elects to exercise its Preemptive Rights within the Election Period is offered the right to acquire from the Subject Purchaser (or from the Company, or the issuing Subsidiary of the Company, as applicable, following (if the Company so elects) a corresponding redemption from such Subject Purchaser), promptly following the Issuance, such Preemptive Rights Holder’s Proportionate Percentage of the New Debt or Equity Interests that were issued in the Issuance and otherwise on the terms set forth in Section 4.1, Section 4.2, Section 4.4 and Section 4.5.
Post-Issuance Notice. Notwithstanding the notice requirements of Section 7.2, the Company may proceed with any issuance of New Securities prior to having complied with the provisions of Section 7.2; provided, that the Company shall:
Post-Issuance Notice. Notwithstanding the requirements of 5.1, the Issuer may proceed with any Issuance prior to having complied with the provisions of Section 5.1 so long as the Issuer has used reasonable best efforts to give the Investors and the Executive Stockholders the opportunity to participate in such Issuance, it being understood that the Company may proceed with such Issuance under this Section 5.2 without first using such reasonable best efforts if the Company determines that it is in the best interests of the Company to do so in light of the need for confidentiality or other business reasons; provided that the Issuer shall:
Post-Issuance Notice. Notwithstanding the requirements of this Section 13, the Company may proceed with any issuance of Securities prior to having complied with the provisions of Section 13; provided that the Company shall:
Post-Issuance Notice. Notwithstanding the notice requirements of Sections 3.1.1 and 3.1.2, as long as such action would not materially disadvantage any Person who would have been a Participation Offeree, the Issuer may proceed with any Issuance prior to having complied with the provisions of Section 3.1; provided that the Issuer shall:
Post-Issuance Notice. Notwithstanding the requirements of Section 5.2(b), the Board of Directors may determine in connection with any issuance of New Securities to defer the issuance of the Preemptive Offer Notices until after the issuance of the New Securities, in which case the Preemptive Offer Notices shall be given promptly after the issuance of the New Securities and the Company shall ensure that each Preemptive Rights Member that elects to exercise its Preemptive Rights within the Preemptive Rights Election Period is offered the right to acquire from the applicable Subject Purchaser (directly or indirectly), no later than ten Business Days following the end of the Preemptive Rights Election Period, such Preemptive Rights Member’s Proportionate Percentage of the New Securities that were issued in such issuance and otherwise on the terms set forth in the other provisions of this Section 5.2.
Post-Issuance Notice. Notwithstanding the requirements of this Section 7.4, the Partnership may proceed with any issuance of Preemptive Securities prior to having complied with the provisions of Section 7.4 provided that the Partnership shall:
