Common use of Right of the Investors Clause in Contracts

Right of the Investors. If the Company determines within the First Refusal Period that it does not wish to exercise its right to purchase all of the Offered Shares, the Investors shall have the right to purchase all or any portion remaining of the Offered Shares specified in such notice, at the Offer Price and on the Offer Terms, and any such purchase shall be settled at the time and in the manner specified in Section 10(d) hereof. The Investors must determine whether to exercise such right during the period beginning on the earlier of (x) the end of the First Refusal Period and (y) the date of receipt by the Investors of written notice that the Company has elected not to exercise its rights under Section 10(b) and ending 60 days after the Investor’s receipt of the Employee’s notice pursuant to Section 10(a) (the “Second Refusal Period”).

Appears in 2 contracts

Samples: Employee Stock Subscription Agreement (RSC Equipment Rental, Inc.), Employee Stock Subscription Agreement (RSC Holdings Inc.)

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Right of the Investors. If the Company determines within the First Refusal Period that it does not wish to exercise its right to purchase all of the Offered Shares, the Investors shall have the right to purchase all or any portion remaining of the Offered Shares specified in such notice, at the Offer Price and on the Offer Terms, and any such purchase shall be settled at the time and in the manner specified in Section 10(d) hereof. The Investors must determine whether to exercise such right during the period beginning on the earlier of (x) the end of the First Refusal Period and (y) the date of receipt by the Investors of written notice that the Company has elected not to exercise its rights under Section 10(b) and ending 60 days after the Investor’s 's receipt of the Employee’s 's notice pursuant to Section 10(a) (the "Second Refusal Period").

Appears in 2 contracts

Samples: Employee Stock Subscription Agreement (RSC Holdings Inc.), Employee Stock Subscription Agreement (RSC Holdings III, LLC)

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