Preferential Right Clause Samples

Preferential Right. 6.1 For the same service, if an independent third party cannot offer better conditions and terms than Netcom Group, CNC China can grant Netcom Group preferential right. 6.2 Netcom Group undertakes to Netcom Group that Netcom Group shall not offer the same or similar services stated under this Agreement to a third party terms more favorable than those offered to CNC China. 6.3 Netcom Group has the right to provide the same or similar services to a third party, on the condition that Netcom Group continues to provide the same service agreed upon under this Agreement.

Preferential Right. Notwithstanding the provisions of Paragraph 20. above, Buyer shall have the right to Transfer all, but not less than all, of its right, title and interest in any Lease of which Buyer has earned a Secondary Term Assignment, but no such Transfer may be made unless and until Buyer shall have given Seller written notice of the offer received by Buyer therefor, with full information concerning the proposed sale, which shall include the name and address of the prospective purchaser (who must be ready, willing, and able to purchase), the purchase price, and all other terms on which the Transfer is to be made. Seller shall have a period of fifteen (15) days from receipt of such notice in which to elect to purchase Buyer's interest for the stated consideration and on the same terms and conditions; provided, however, Seller shall have no such preferential right to purchase in the case of a Transfer to an Affiliate or in the case of any sale, assignment or other transfer of the stock of Buyer Members by a shareholder; provided, further, that any change of control of Buyer during the time Buyer holds such Lease pursuant to a Secondary Term Assignment made hereunder, or of an Affiliate transferee or other transferee of Buyer following the Transfer thereto of such Lease which is subject to a Secondary Term Assignment made hereunder, shall be considered a Transfer subject to Seller's option to exercise its preferential right under the provisions of this Paragraph 21 with respect such Lease. In the event of any Transfer for consideration other than cash or other consideration with quantifiable value (e.g. marketable securities or debt), or in the event of a change of control of Buyer during the time Buyer holds such Lease pursuant to a Secondary Term Assignment made hereunder, or of an Affiliate transferee or other transferee of Buyer following the Transfer thereto of such Lease which is subject to a Secondary Term Assignment made hereunder, Seller's option to exercise its preferential right shall be based upon a price equal to the value allocated in good faith to the Property to be Transferred, or if no such allocation was made in the transaction giving rise to the Transfer, the preferential right shall be based upon the applicable price per net mineral acre set forth in Paragraph 7.A. of this Agreement. For the purposes of this Paragraph 21, a "change of control" of Buyer, or of an Affiliate transferee or other transferee of Buyer, shall mean a transaction or series of ...

Preferential Right. 6.1 For the same service, if an independent third party cannot offer better conditions and terms than Party B, Party A can grant Party B preferential right. 6.2 Party B undertakes to Party B that Party B shall not offer the same or similar services stated under this Agreement to a third party at terms more favorable than those offered to Party A. 6.3 Party B has the right to provide the same or similar service to a third party, on the condition that Party B continues to provide the same service agreed upon under this Agreement.

Preferential Right. The existing shareholders shall have preferential rights with respect to the purchase of new shares to be issued. The duration and conditions of exercising such a priority shall be determined by the Board of Directors in accordance with the legislation. Decrease of Capital

Preferential Right. Tenant, during the Term, shall have the prior right to buy the whole or any part of the Leased Premises if Landlord receives from a third party an acceptable bona fide offer to buy, or if Landlord offers to sell such Leased Premises in a general offering or solicitation for the sale of same (a “General Solicitation”).

Preferential Right. (i) Prior to granting to a third party exclusive rights to develop or distribute Kits for the detection or quantification of one or more analytes for use within a field within the human clinical diagnostics industry (such analytes and field of use are referred to collectively herein as the "Subject Field"), LUMINEX shall provide BIO-RAD with a right of first offer with respect to such Subject Field, as follows: prior to entering into an agreement granting a third party exclusive rights to develop and/or distribute Kits within a Subject Field, LUMINEX shall provide written notification to BIO-RAD, together with a summary of the Subject Field. Upon request by BIO-RAD within [**] days after receipt of such a notice, LUMINEX and BIO-RAD shall negotiate in good faith an agreement with respect to such Subject Field. If BIO-RAD is not interested in obtaining rights with respect to such Subject Field, BIO-RAD shall so notify LUMINEX as early as possible during the foregoing [**] day period. If (i) BIO-RAD does not so request within such [**] day period to commence negotiations, or notifies LUMINEX that it is not interested in obtaining rights with respect to such Subject Field, or (ii) the parties do not enter into a definitive agreement with respect to such Subject Field within [**] days after BIO-RAD's receipt of LUMINEX's notice under this Section 3.3(b) (in each of (i) and (ii), the "Negotiation Period"), LUMINEX may proceed to grant rights or licenses to third parties with respect to all or any part of the Subject Field, with no further obligation under this Section 3.3. Notwithstanding the foregoing, BIO-RAD's rights and obligations under this Section 3.3 shall not apply to a Subject Field for which BIO-RAD does not Control sufficient rights to commercialize Kits within such Subject Field, where "Control" means ownership or a license under all applicable intellectual property rights to make, have made, use, import, sell, offer for sale, and otherwise distribute each Kit within the Subject Field on a worldwide basis. BIO-RAD's rights and obligations under this Section 3.3(b) shall terminate [**] years after the Effective Date. For the avoidance of doubt, it is understood and agreed that LUMINEX shall have no obligation to disclose to BIO-RAD any information concerning the terms of LUMINEX's offers to third parties with respect to Subject Fields. It is further understood and agreed that nothing in this Section 3.3(b) shall restrict LUMINEX from granting nonexc...

Preferential Right. If the Company closes a Placement or a Transaction during the Term, for the twelve month period commencing on the later of (i) the date of the closing of the Placement or (ii) the date of the closing of any Transaction, Wellington shall have a preferential right whereby the Company will offer Wellington the first opportunity to provide any financing arrangements to the Company.

Preferential Right. During a period of ….. after the signature of the present contract, the publisher shall enjoy a preferential right on any other work of the same genre, in return for the conclusion of a new contract with the author. The author undertakes to propose first to the publisher, within the period set forth in the preceding paragraph, any new work of the same genre and to give the publisher a time period of 60 days allowing him to possibly accept the publishing, of which the publisher informs the author explicitly. If the work is not accepted within the abovementioned time limit, the author can freely contact other publishers.

Preferential Right. The Ejido hereby grants to the Company, and the Company acquires from the Ejido, the exclusive and preferential right of first refusal to acquire in first term, under equal terms and conditions of sale, the ownership rights in and to the Mining Occupation Land. 10.1. If the Ejido elects to sell or transfer, or has received a bona fide offer to purchase, the ownership of a portion or all of the surface area comprising the Mining Occupation Land, then it shall, within a term of ten calendar days following such election or receipt, as the case may be, deliver a notice in writing to the Company expressing the terms and conditions intended for sale or, as the case may be, the terms and conditions offered to purchase. 10.2. Upon receipt of the notice, the Company shall have a term of 60 calendar days to express its election to purchase, in the same terms and conditions set out in such notice, the rights intended for sale or offered to purchase, as the case may be. 10.3. If at the conclusion of the said term, the Company has not expressed its election to purchase the rights intended for sale or offered to purchase, then the Ejido shall be free to sell or transfer, in the same terms and conditions set out in the respective notice, the portion or all of the surface area of the Mining Occupation Land subject matter thereof.