Common use of RIGHT OF FIRST REFUSAL, SPECIAL DILUTION PROTECTION Clause in Contracts

RIGHT OF FIRST REFUSAL, SPECIAL DILUTION PROTECTION. (i) The Company covenants and agrees that if during the period from the date hereof through and including the date which is one hundred twenty (120) days after the Effective Date of the First Registration Statement, the Company offers to enter into any transaction (a "New Transaction") for the sale of securities convertible into Company's Common Stock (or issues shares of Common Stock with a "reset" provision whereby the Company issues additional Common Stock depending on the future per share price of the Common Stock), the Company shall notify the Buyer in writing of all of the terms of such offer (a "New Transaction Offer"). The Buyer shall have the right (the "Right of First Refusal"), exercisable by written notice given to the Company by the close of business on the fifth business day after the Buyer's receipt of the New Transaction Offer (the "Right of First Refusal Expiration Date"), to participate in all or any part of the New Transaction Offer on the terms so specified.

RIGHT OF FIRST REFUSAL, SPECIAL DILUTION PROTECTION. (i) The In addition to, and not in limitation of the provisions of Section 6.14 the Company covenants and agrees that if during the period from the date hereof through and including the later of (a) fifteen (15) months from delivery of the first Put Notice, or (b) twelve (12) months from the date which is one hundred twenty (120) days after the Effective Date of the First Registration StatementDate, the Company offers to enter into any transaction (a "New Transaction") for the sale of securities convertible into Company's Common Stock (other than in connection with an acquisition, merger or issues shares of Common Stock with a "reset" provision whereby the Company issues additional Common Stock depending on the future per share price of the Common Stockother business combination not involving cash consideration), the Company shall notify the Buyer Investor in writing of all of the terms of such offer (a "New Transaction Offer"). The Buyer Investor shall have the right (the "Right of First Refusal"), exercisable by written notice given to the Company by the close of business on the fifth business day after the BuyerInvestor's receipt of the New Transaction Offer (the "Right of First Refusal Expiration Date"), to participate in all or any part of the New Transaction Offer on the terms so specified.

RIGHT OF FIRST REFUSAL, SPECIAL DILUTION PROTECTION. (i) The Company covenants and agrees that if during the period from the date hereof through and including the date which is one hundred twenty thirty (12030) days after the Effective Date first closing of the First Registration Statementpurchase of Common Stock pursuant to the Letter of Intent dated December 27, 1999 between the Company and the Buyer, the Company offers to enter enters into any transaction (a "New Transaction") for the sale of securities convertible into Company's Common Stock (or issues shares of Common Stock with a "reset" provision whereby the Company issues additional Common Stock depending on the future per share price of the New Common Stock), the Company shall notify the Buyer in writing of all of the terms of such offer (a "New Transaction Offer"). The Buyer shall have the right (the "Right of First Refusal"), exercisable by written notice given to the Company by the close of business on the fifth business day after the Buyer's receipt of the New Transaction Offer (the "Right of First Refusal Expiration Date"), to participate in all or any part of the New Transaction Offer on the terms so specified.