Common use of Sale of New Securities Clause in Contracts

Sale of New Securities. In the event an Investor fails to exercise in full its right of first refusal within such 20 day period, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within 60 days after the date of such agreement) to sell the New Securities respecting which such Investor’s rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Notice. In the event the Company has not sold the New Securities within such 90 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Investor in the manner provided above.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Loyalty Alliance Enterprise Corp), Investors’ Rights Agreement (Loyalty Alliance Enterprise Corp)

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Sale of New Securities. In the event an Investor fails to exercise in full its right of first refusal within such 20 day period, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within 60 days after the date of such agreement) to sell the New Securities respecting which such Investor’s 's rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Notice. In the event the Company has not sold the New Securities within such 90 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Investor in the manner provided above.

Appears in 1 contract

Samples: Seattle Filmworks Inc

Sale of New Securities. In the event an Investor fails Shareholders fail to exercise in full its this right of first refusal participation within such 20 day periodthe periods specified in Section 4.2, the Company shall have 90 120 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby by the Issuance Notice shall be closed, if at all, within 60 days after the date of such that agreement) to sell the remaining unsubscribed portion of the New Securities respecting which such Investor’s rights were not exercised, at a price and upon general the terms no more favorable to the purchaser thereof purchasers of the New Securities than those specified in the Issuance Notice. In the event the Company has not sold the New Securities within such 90 this 120 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities the New Securities to such Investor the Shareholders in the manner provided above.

Appears in 1 contract

Samples: Shareholders Agreement (E-Commerce China Dangdang Inc.)

Sale of New Securities. In the event an Investor any Preference Shareholder fails to exercise in full its right of first refusal participation within such 20 the 15 day periodperiod specified in Section 4.2, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby by the Issuance Notice shall be closed, if at all, within 60 days after the date of such that agreement) to sell the New Securities respecting which such Investor’s the Preference Shareholders' rights were not exercised, at a price and upon general the terms no more favorable as to the purchaser thereof than those specified in the Issuance Notice. In the event the Company has not sold the New Securities within such this 90 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such the agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities the New Securities to such Investor the Preference Shareholders in the manner provided abovein Sections 4.1 and 4.2.

Appears in 1 contract

Samples: Shareholders Agreement (China Finance Online Co. LTD)

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Sale of New Securities. In the event an a Major Investor fails to exercise in full its right of first refusal offer within such 20 day period, the Company shall have 90 days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within 60 days after the date of such agreement) to sell the New Securities respecting which such Major Investor’s 's rights were not exercised, at a price and upon general terms no more favorable to the purchaser thereof than specified in the Notice. In the event the Company has not sold the New Securities within such 90 day period (or sold and issued New Securities in accordance with the foregoing within 60 days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to such Major Investor in the manner provided above.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Corcept Therapeutics Inc)

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