Common use of Rights of Investors Clause in Contracts

Rights of Investors. (a) The Company shall not issue, sell or exchange, agree to issue, sell or exchange, or reserve or set aside for issuance, sale or exchange, any Securities, unless in each such case the Company shall have first complied with this Section 3. The Company shall deliver to the Institutional Stockholders an Offer, which shall (i) identify and describe the Securities, (ii) describe the price (expressed in either a fixed dollar amount or a definitive formula pursuant to which the only variable is the market price of the Common Stock at or near the time of the proposed issuance, sale or exchange) and other terms upon which they are to be issued, sold or exchanged, and the number or amount of the Securities to be issued, sold or exchanged, (iii) identify the offerees or purchasers (if known) to which or with which the Securities are to be offered, issued, sold or exchanged, and (iv) offer to issue and sell to or exchange with such Institutional Stockholders (1) such holder’s Basic Amount and (2) such holder’s Unsubscribed Amount.

Rights of Investors. (ai) The Company Corporation shall not issue, sell or exchange, agree to issue, sell or exchange, or reserve or set aside for issuance, sale or exchange, any Securities, unless in each such case the Company Corporation shall have first complied with this Section 37. The Company Corporation shall deliver to the Institutional Stockholders each holder of Preferred Stock an Offer, which shall (ia) identify and describe the Securities, (iib) describe the price (expressed in either a fixed dollar amount or a definitive formula pursuant to which the only variable is the market price of the Common Stock at or near the time of the proposed issuance, sale or exchange) and other terms upon which they are to be issued, sold or exchanged, and the number or amount of the Securities to be issued, sold or exchanged, (iiic) identify the offerees or purchasers (if known) to which or with which the Securities are to be offered, issued, sold or exchanged, and (ivd) offer to issue and sell to or exchange with such Institutional Stockholders holder of Preferred Stock (1) such holder’s Basic Amount and (2) such holder’s Unsubscribed Amount.

Rights of Investors. (ai) The Company Corporation shall not issue, sell or exchange, agree to issue, sell or exchange, or reserve or set aside for issuance, sale or exchange, any Securities, unless in each such case the Company Corporation shall have first complied with this Section 38. The Company Corporation shall deliver to the Institutional Stockholders each holder of Preferred Stock an Offer, which shall (ia) identify and describe the Securities, (iib) describe the price (expressed in either a fixed dollar amount or a definitive formula pursuant to which the only variable is the market price of the Common Stock at or near the time of the proposed issuance, sale or exchange) and other terms upon which they are to be issued, sold or exchanged, and the number or amount of the Securities to be issued, sold or exchanged, (iiic) identify the offerees or purchasers (if known) to which or with which the Securities are to be offered, issued, sold or exchanged, and (ivd) offer to issue and sell to or exchange with such Institutional Stockholders holder of Preferred Stock (1) such holder’s Basic Amount and (2) such holder’s Unsubscribed Amount.