Common use of Pro Rata Purchase Clause in Contracts

Pro Rata Purchase. If at any time the Company or any of its Affiliates shall offer to purchase any shares of Common Stock, other than shares purchased from any employees of the Company or any of its subsidiaries as permitted by the terms of any employee benefit plan or shareholders or similar agreement that has been approved by the Board of Directors of the Company, the Company shall, as part of such offer, also make an offer to purchase the Warrants and Warrant Shares from the holders of all outstanding Warrant Shares and Warrants, and with any purchase pursuant to each offer to be allocated pro rata among the holders of Warrant Shares and Warrants and the other holders of Common Stock accepting each offer to purchase.

Pro Rata Purchase. If at any time the Company or any of its tits Affiliates shall offer to purchase any shares of Common Stock, other than shares purchased from any employees of the Company or any of its subsidiaries as permitted by the terms of any employee benefit plan or shareholders stockholders or similar agreement that has been approved by the Board of Directors of the Company, the Company shall, as a part of such offer, also make an offer to purchase the Warrants and Warrant Shares from the holders of all outstanding Warrant Shares and Warrants, and with any purchase pursuant to each offer to be allocated pro rata among the holders of Warrant Shares and Warrants and the other holders of Common Stock accepting each offer to purchase.