Common use of Preemptive Offer Notice Clause in Contracts

Preemptive Offer Notice. Not later than ten Business Days prior to any issuance of New Debt or Equity Interests giving rise to Preemptive Rights under Section 4.1, the Company shall deliver to each Preemptive Rights Holder a notice (the “Preemptive Offer Notice”) that (i) includes the principal terms and conditions of the proposed issuance, including (A) the number of New Debt or Equity Interests proposed to be issued, (B) the price per unit of the New Debt or Equity Interests and (C) the proposed issuance date, (ii) sets forth such Preemptive Rights Holder’s Proportionate Percentage and (iii) offers to sell to such Preemptive Rights Holder its Proportionate Percentage of such New Debt or Equity Interests and of such New Debt or Equity Interests as shall not have been subscribed for by the other Preemptive Rights Holders (as hereinafter provided), in each case at the price and on the terms and conditions set forth therein. The Preemptive Offer Notice shall by its terms remain open for a period of ten Business Days from the date of delivery thereof (the “Election Period”) and shall specify the date on which the New Debt or Equity Interests will be sold to accepting Preemptive Rights Holders (which shall be at least five Business Days but not more than 180 days after the date of delivery of the Preemptive Offer Notice). The failure of any Preemptive Rights Holder to respond to the Preemptive Offer Notice during the Election Period shall be deemed a waiver of such Preemptive Rights Holder’s Preemptive Rights with respect to the applicable Preemptive Offer Notice.

Preemptive Offer Notice. Not later than ten Business Days prior to any issuance of New Debt or Equity Interests Securities giving rise to Preemptive Rights under this Section 4.15.2, the Company shall deliver to each Preemptive Rights Holder Member a notice (the “Preemptive Offer Notice”) that (i) includes the principal terms and conditions of the proposed issuance, including (A) the number of New Debt or Equity Interests Securities proposed to be issued, (B) the price per unit of the New Debt or Equity Interests Securities and (C) the proposed issuance date, ; (ii) sets forth such Preemptive Rights HolderMember’s Proportionate Percentage Percentage; and (iii) offers to sell to such Preemptive Rights Holder Member its Proportionate Percentage of such New Debt or Equity Interests and of such New Debt or Equity Interests as shall not have been subscribed for by the other Preemptive Rights Holders (as hereinafter provided)Securities, in each case at the price and on the terms and conditions set forth thereinin the Preemptive Offer Notice. The Preemptive Offer Notice shall by its terms remain open for a period of ten Business Days from the date of delivery thereof (the “Preemptive Rights Election Period”) and shall specify the date on which the New Debt or Equity Interests Securities will be sold to accepting Preemptive Rights Holders Members (which shall be at least five ten Business Days but not more than 180 days after the date of delivery of the Preemptive Offer Notice). The failure of any Preemptive Rights Holder Member to respond to the Preemptive Offer Notice during the Preemptive Rights Election Period shall be deemed a waiver of such Preemptive Rights HolderMember’s Preemptive Rights with respect to the applicable Preemptive Offer Notice.

Preemptive Offer Notice. Not later than ten Business Days prior to any issuance of New Debt or Equity Interests Securities giving rise to Preemptive Rights under Section 4.1, the Company shall deliver to each Preemptive Rights Holder a notice (the “Preemptive Offer Notice”) that (i) includes the principal terms and conditions of the proposed issuance, including (A) the number of New Debt or Equity Interests Securities proposed to be issued, (B) the price per unit of the New Debt or Equity Interests Securities and (C) the proposed issuance date, (ii) sets forth such Preemptive Rights Holder’s Proportionate Percentage and (iii) offers to sell to such Preemptive Rights Holder its Proportionate Percentage of such New Debt or Equity Interests Securities and of such New Debt or Equity Interests Securities as shall not have been subscribed for by the other Preemptive Rights Holders (as hereinafter provided), in each case at the price and on the terms and conditions set forth therein. The Preemptive Offer Notice shall by its terms remain open for a period of ten Business Days from the date of delivery thereof (the “Election Period”) and shall specify the date on which the New Debt or Equity Interests Securities will be sold to accepting Preemptive Rights Holders (which shall be at least five Business Days but not more than 180 days after the date of delivery of the Preemptive Offer Notice). The failure of any Preemptive Rights Holder to respond to the Preemptive Offer Notice during the Election Period shall be deemed a waiver of such Preemptive Rights Holder’s Preemptive Rights with respect to the applicable Preemptive Offer Notice.