Common use of Sale by the Company Clause in Contracts

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.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc), Redemption Agreement (Lets Talk Cellular & Wireless Inc), Redemption Agreement (Lets Talk Cellular & Wireless Inc)

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Sale by the Company. In the event the Purchaser fails to exercise in full its preemptive right, the Company shall have sixty ninety (6090) days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option was not exercised exercised, at a price and upon terms no more favorable comparable to the purchasers thereof than those specified in the Company's notice. To the extent the Company does not sell all the New Securities offered within said 60 90-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.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Plangraphics Inc)

Sale by the Company. In the event If the Purchaser fails to exercise in full its preemptive right, the Company shall have sixty (60) 90 days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option was not exercised exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's noticeNew Securities Notice. To the extent the Company does not sell all the New Securities offered within said 60 90-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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Powercerv Corp)

Sale by the Company. In the event the any Purchaser fails to exercise in full his or its preemptive rightpurchase right (after giving effect to the overallotment provision of Section 8.2 hereof), the Company shall have sixty ninety (6090) days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option such Purchaser purchase right was not exercised 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 ninety (90) day period, the Company shall not thereafter issue or sell such New Securities without first again offering such securities to the each Purchaser in the manner provided above.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lecroy Corp)

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Sale by the Company. In the event the any Purchaser fails to exercise in full his or its preemptive rightpurchase right (after giving effect to the over-allotment provision of Section 8.2 hereof), the Company shall have sixty ninety (6090) days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option such Purchaser purchase right was not exercised 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 ninety (90) day period, the Company shall not thereafter issue or sell such New Securities without first again offering such securities to the each Purchaser in the manner provided above.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lecroy Corp)

Sale by the Company. In the event the any Purchaser fails to exercise in full its or his preemptive rightright (after giving effect to the over-allotment provision of Section 6.1 hereof), the Company shall have sixty (60) 180 days thereafter to sell the New Securities with respect to which and to the extent the Purchaser's option was not exercised 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 60 180 day period, the Company shall not thereafter issue or sell such New Securities without first again offering such securities to the Purchaser Purchasers in the manner provided above.

Appears in 1 contract

Samples: Stock Purchase and Redemption Agreement (Triton Systems Inc / Fa)

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