Sale by the Company. In the event any Investor fails to exercise in full his or its preemptive (and/or over-allotment) right, the Company shall have 90 days thereafter to sell the New Securities with respect to which the Investor's option was not exercised (to the extent the other Investors do not elect to exercise the over-allotment rights set forth in Section 7.1), at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 90 day period, the Company shall not thereafter issue or sell any such New Securities without first again offering such securities to the Investors in the manner provided herein.
Sale by the Company. If Participation Rights Holders fail or decline to exercise their rights or purchase all New Securities included in the First Participation Notice within the First Participation Period or the Second Participation Period under Section 3.02 or Section 3.03 (as the case may be), the Company shall have one hundred and twenty (120) days after the date of the First Participation Notice or Second Participation Notice, as the case may be, to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms no more favorable to the purchasers thereof than specified in the First Participation Notice. At the request of any Investor, the purchaser (which is not a party to this Agreement) shall be subject to all the terms and conditions of this Agreement by executing a Deed of Adherence in substantially the form attached hereto as Schedule B. In the event that the Company has not issued and sold such New Securities within such one hundred and twenty (120)-day period, then the Company shall not thereafter issue or sell any New Securities without offering such New Securities to the Participation Rights Holders pursuant to this Article III again.
Sale by the Company. In the event the Purchaser fails to exercise in full its preemptive right, the Company shall have sixty (60) days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option was not exercised at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 60 day period, the Company shall not thereafter issue or sell such New Securities without first again offering such securities to the Purchaser in the manner provided above.
Sale by the Company. In the event any Stockholder who has a preemptive right under this Section 2.5 fails to exercise in full its preemptive right within said five (5) day period, the Company shall have one hundred twenty (120) days thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c).
Sale by the Company. In the event that the Stockholders who have a right of participation under this Section 2.6 fail to commit to purchase all of such New Securities within said ten (10) business day period, the Company shall have ninety (90) days thereafter to sell the New Securities with respect to which the right of participation was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.6(c).
Sale by the Company. Upon the expiration of the ten (10) Business Days following the delivery of the Participation Notice to the Investor, the Company shall have one hundred and twenty (120) days thereafter to complete the sale of the New Securities described in the Participation Notice to the Investor (subject to the Investor’s exercise of its pre-emptive rights with respect to such issuance) and any other Person at the price and upon terms set forth in the Participation Notice. In the event that the Company has not issued and sold such New Securities within such one hundred and twenty (120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Investor in the manner provided in this Section 5.
Sale by the Company. In the event the Investors fail to exercise in full their preemptive rights the Company shall have ninety (90) days thereafter to sell the New Securities with respect to which the Investors' preemptive rights were not exercised, at a price and upon terms no more favorable to the Subsequent Investor thereof than specified in the Company's original notice to the Investors. To the extent the Company does not sell all the New Securities offered within said ninety (90) day period, the Company shall not issue or sell such New Securities without first again offering such securities in the manner provided by this Section 2.
Sale by the Company. In the event any Stockholder who has a Purchase Right under this Section fails to exercise in full such Stockholder’s Purchase Right within the thirty (30) day period provided in Section 3.5 (a) and after the expiration of the thirtieth (30th) day period for the exercise of the over-allotment, the Company shall have ninety (90) days thereafter to sell the New Securities with respect to which the Purchase Right was not exercised, at a price and upon terms not materially more favorable to the purchasers thereof than specified in the Company’s notice given pursuant to this Section. After such ninety (90) day period, such New Securities must first be reoffered to the Stockholders pursuant to this Section.
Sale by the Company. In the event of a purchase of the Project or Projects by the Non-Initiating Member in accordance with this Article 13 or in the event of the sale of the Project or Projects to a third party in accordance with this Article 13, the sale will be treated as a sale by the Company (or its Subsidiaries), and the Available Cash resulting therefrom shall be distributed accordingly. At the request of either Member and so long as the same can be accomplished at no additional cost, expense or delay to the Company and so long as the Company or a Subsidiary is not required to take title to any exchange property, the Members will give fair consideration to, but will be under no obligation to implement, any structure proposed by the requesting member for disposing of any such Project or Projects in a manner that permits the requesting Member to report its share of the sales proceeds as a tax-free exchange under Section 1031 of the Code.
Sale by the Company. In the event of a sale of the Projects in accordance with this Article 14, the sale will be treated as a sale by the Company (or its Subsidiaries), and the Available Cash resulting therefrom shall be distributed accordingly. Any sale or other disposition of assets in accordance with this Article 14 may be affected as a sale of the Projects by the Subsidiaries or as a sale by the Company of its interests in the Subsidiaries, or any combination thereof. Any and all costs and expenses, including the fees and expenses of the Marketing Firm, incurred by the Company in connection with the sale or sales of assets pursuant to this Article 14 shall be paid by the Company.
