Common use of Sale by the Company Clause in Contracts

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).

Appears in 2 contracts

Samples: Stockholders Agreement (Carter Holdings Inc), Stockholders Agreement (Carters Inc)

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Sale by the Company. In the event that the Stockholders who have a right of participation under this Section 2.6 2.7 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 ’s notice given pursuant to Section 2.6(c2.7(c).

Appears in 2 contracts

Samples: Stockholders Agreement (Amscan Holdings Inc), Stockholders Agreement (Party City Holdings Inc.)

Sale by the Company. In the event that the Stockholders who have a right of participation under this Section 2.6 2.7 fail to commit to purchase all of such New Securities within said ten twenty (1020) 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 ’s notice given pursuant to Section 2.6(c2.7(c). If the sale of such New Securities is not completed prior to the end of such 90-day period, the Company must separately comply with this Section 2.7 to effect such sale of New Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Bare Escentuals Inc)

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Sale by the Company. In the event that the Stockholders who have a right of participation under this Section 2.6 2.7 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(c2.7(c).

Appears in 1 contract

Samples: Stockholders Agreement (Amscan Holdings Inc)

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