Sale to Third Parties. If, but only if, the Investors do not subscribe for all of the Offered Securities, the Company shall have one hundred twenty (120) days from the end of the foregoing 30-day or 5-day period, whichever is applicable, to sell all or any part of such Offered Securities as to which Investors have not accepted an Offer to any other Persons (including other members of the Company), at a price and on terms and conditions which are no more favorable to such other Persons or less favorable to the Company than those set forth in the Offer. Any Offered Securities not purchased by the Investors or other Persons in accordance with Section 2.3 and this Section 2.4 may not be sold or otherwise disposed of until they are again offered to the Investors under the procedures specified in this Article 2.
Sale to Third Parties. In the event that the Investors elect not to purchase all (or any part) of the Future Shares, the Company shall have 120 days from the expiration of the Exercise Period to sell all or any part of such Future Shares not purchased by the Investors (the “Refused Future Shares”) to the Third-Party Purchaser, but only upon terms and conditions in all respects (including, without limitation, unit price and interest rates) which are no more favorable to such Third-Party Purchaser or less favorable to the Company than those set forth in the Proposal. In the event that the Company so sells the Refused Future Shares to such Third-Party Purchaser, the sale to the Investors of Future Shares in respect of which a Notice of Purchase was delivered to the Company by the Investors shall occur upon the closing of the sale to such Third-Party Purchaser of Refused Future Shares (which closing shall include full payment to the Company). If there are no Refused Future Shares, the sale to the Investors of such Future Shares shall occur within 20 days of the expiration of the Future Shares Exercise Period. In any event, the sale to the Investors of Future Shares shall be on the terms specified in the Proposal. Any Refused Future Shares not purchased by such Third-Party Purchaser within such 120-day period shall remain subject to this Section 7.
Sale to Third Parties. Subject to Section 9.5, if the Company or the Non-Transferring Members elect not to purchase all of the Transferred Membership Interest designated in the Transfer Notice, then the Transferring Member may transfer the Transferred Membership Interest described in the Transfer Notice to any third party so long as (i) such Transfer is completed within one hundred fifty (150) days after the expiration of the Exercise Period (the “Sale Deadline”), and (ii) such Transfer is made at a price not less than the price designated in the Transfer Notice and on terms that are not materially more favorable to the transferee than designated in the Transfer Notice. If Transferring Member does not consummate the proposed Transfer pursuant to any such definitive agreement on or prior to the Sale Deadline then the Transferring Member may not, without the written consent of the Members, Transfer any portion of its Membership Interest in a Transfer that is subject to this Section 9.4 until the first anniversary of the last day of the Exercise Period.
Sale to Third Parties. So long as no Event of Default has occurred and is continuing or would result therefrom, the Slot Trust shall assign, transfer and convey to TWA or its designee, without recourse, any Acquired Slot that is the subject of a contract of sale pursuant to which TWA has agreed to sell such Acquired Slot in the Ordinary Course, on an arm's-length basis to an unaffiliated third party within ninety (90) days after the date of such release, which contract contains only closing conditions that are customary to a sale of that kind at that time and which sale is not a "sale/leaseback" or other similar transaction used by TWA as a financing vehicle, but only if TWA shall comply with the Substitution Requirements.
Sale to Third Parties. If elections to exercise the rights pursuant to SECTION 6.1 are not made with respect to any securities included in an Eligible Offering within the ten (10) business day period described in SECTION 6.2, or if there remain securities to be sold after the sale of securities to the Stockholder or Stockholders as set forth in SECTION 6.2, then the Company may issue such securities to third persons, but only for a consideration of the type and not less than that set forth in the Company's notice and only within a period of sixty (60) business days thereafter.
Sale to Third Parties. If less than all of the Offered New Securities are elected to be purchased or acquired as provided in Section 3.2, the Company may, during the thirty (30) day period following the expiration of the 15-day period as set forth in Section 3.2, offer and sell the remaining unsubscribed portion of such securities to the Proposed Third Party Purchaser in the Issuance Notice at a price not less than, and upon terms no more favorable to the Proposed Third Party Purchaser than, those specified in the Issuance Notice. If the Company does not enter into an agreement for the sale of such securities within such period, or if such agreement is not consummated within thirty (30) days after the execution thereof, the right of first refusal provided hereunder shall be deemed to be revived and such securities shall not be offered to a third party unless first reoffered to Citadel in accordance with this Section.
Sale to Third Parties. Material purchased from the Operator’s Property by third parties shall be credited by Operator to the Project Account at the net amount collected by Operator from the Buyer. If on transactions in excess of US$100,000 the sales price is less than that determined in accordance with the procedure set forth in Section 4.2, then approval by the Parties shall be required prior to the sale. Any claims by the buyer for defective materials or otherwise shall be charged back to the sale. Any claims by the buyer for defective materials or otherwise shall be charged back to the Project Account if and when paid by Operator.
Sale to Third Parties. If, at the end of the 30-day period described in subparagraph 2(b) of this Agreement, options have not been exercised by the Offeree Shareholders to purchase all of the Offered Shares, then the Selling Shareholder will be free for a period of 90 days thereafter to sell those of the Offered Shares which the Offeree Shareholders have not agreed to purchase to any prospective purchasers at any price and upon any terms and conditions. If all of the Offered Shares are not sold within this 90-day period, then the Selling Shareholder may not sell any of his Shares thereafter without again complying with this Paragraph 2.
Sale to Third Parties. If the Investors in the aggregate do not elect to purchase all of the Company Offered Securities, the Company shall have the right to sell and issue the Company Offered Securities not purchased by the Investors at not less than the price stated in the Company Offer and otherwise on terms and conditions that are not materially more favorable than those set forth in the Company Offer on or before the 90th day following the expiration of the 20-day period in Section 4.2 hereof (subject to extension to comply with applicable securities and other applicable laws and regulations related to the sale and issuance of the Company Offered Securities to such third party). If the Company Offered Securities have not been sold and issued within such period, then the Company may not sell or issue any Company Offered Securities unless it provides the Investors with a new Company Offer pursuant to Section 4.1 hereof.
Sale to Third Parties. If PPG does not make an election to exercise its rights pursuant to this Section 10.8 with respect to any securities included in an Eligible Offering within the twenty (20) business day period described in Section 10.8.3, or if there remain securities to be sold after the sale of securities to PPG as set forth in Section 10.8.3, then UDC may issue such securities to third parties, but only for the price and consideration of the type and not less than the amount set forth in UDC's notice to PPG and only within a period of sixty (60) business days thereafter.
