Common use of Sale to Third Party Clause in Contracts

Sale to Third Party. Subject to Section 2(e), if, within twenty (20) days of its receipt of the Offer, the Company fails to deliver written notice to the Stockholder of its intention to purchase all of the Offered Shares (the Offered Shares which the Company does not elect to purchase being referred to as the "Refused Shares"), the Refused Shares not so purchased may be sold by the Stockholder at any time within ninety (90) days after the date the Offer was made to the Proposed Transferee, at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. If the Refused Shares are not sold within the ninety (90) day period, they shall continue to be subject to the requirements of a prior offer pursuant to this Section 2. If the Refused Shares are sold pursuant to this Section 2 to any purchaser who is not a party to this Agreement, the Company, may at its option, require the purchaser to execute and deliver a new Stock Restriction Agreement in substantially the form of this Agreement containing substantially the same terms as those set forth herein.

Appears in 11 contracts

Samples: Stock Restriction Agreement (Tasker Capital Corp), Stock Restriction Agreement (Tasker Capital Corp), Stock Restriction Agreement (Tasker Capital Corp)

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Sale to Third Party. Subject to Section 2(e), ifIf, within twenty (20) days of its receipt of the Offer, the Company fails to deliver written notice to the Stockholder of its intention to purchase all of the Offered Shares (the Offered Shares which the Company does not elect to purchase being referred to as the "Refused Shares"), the Refused Shares not so purchased may be sold by the Stockholder at any time within ninety (90) days after the date the Offer was made to the Proposed Transferee, at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. If the Refused Shares are not sold within the ninety (90) day period, they shall continue to be subject to the requirements of a prior offer pursuant to this Section 2. If the Refused Shares are sold pursuant to this Section 2 to any purchaser who is not a party to this Agreement, the Company, may at its option, require the purchaser to execute and deliver a new Stock Restriction Agreement in substantially the form of this Agreement containing substantially the same terms as those set forth herein.

Appears in 2 contracts

Samples: Nonqualified Stock Option Grant Agreement (TechTarget Inc), Stock Restriction Agreement (Intuit Inc)

Sale to Third Party. Subject to Section 2(e), ifIf, within twenty Twenty (20) days of its receipt of the Offer, the Company fails to deliver written notice to the Stockholder of its intention to purchase all of the Offered Shares (the Offered Shares which the Company does not elect to purchase being referred to as the "Refused Shares"), the Refused Shares not so purchased may be sold by the Stockholder at any time within ninety (90) days after the date the Offer was made to the Proposed Transferee, at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. If the Refused Shares are not sold within the ninety (90) day period, they shall continue to be subject to the requirements of a prior offer pursuant to this Section 26. If the Refused Shares are sold pursuant to this Section 2 6 to any purchaser who is not a party to this Agreement, the Company, may at its option, require the purchaser to execute and deliver a new Stock Restriction Agreement in substantially the form of this Agreement containing substantially the same terms as those set forth herein.

Appears in 1 contract

Samples: Phase Forward Incorporated (Phase Forward Inc)

Sale to Third Party. Subject to Section 2(e), ifIf, within twenty (20) days of its receipt of the Offer, the Company fails to deliver written notice to the Stockholder of its intention to purchase all of the Offered Shares (the Offered Shares which the Company does not elect to purchase being referred to as the "Refused Shares"), the Refused Shares not so purchased may be sold by the Stockholder at any time within ninety (90) days after the date the Offer was made to the Proposed Transferee, at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. If the Refused Shares are not sold within the ninety (90) day period, they shall continue to be subject to the requirements of a prior offer pursuant to this Section 26. If the Refused Shares are sold pursuant to this Section 2 6 to any purchaser who is not a party to this Agreement, the Company, may at its option, require the purchaser to execute and deliver a new Stock Restriction Agreement in substantially the form of this Agreement containing substantially the same terms as those set forth herein.

Appears in 1 contract

Samples: Phase Forward Incorporated (Phase Forward Inc)

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Sale to Third Party. Subject to Section 2(e), if, within twenty (20) days of its receipt of the Offer, If the Company fails to deliver written notice to and the Stockholder of its intention to Offerees do not purchase all of the Offered Shares (or Refused Shares within the time frame specified in this Section 3.3, the Offered Shares which the Company does not elect to purchase being referred to as the "Refused Shares"), or the Refused Shares not so purchased may be sold by the transferring Existing Stockholder at any time within ninety (90) 90 days after the date the Offer was made to the Company and the Offerees, subject to full compliance with the other provisions of this Article III. Any such sale shall be to the Proposed Transferee, at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee than those specified in the Offer. If the Any Offered Shares or Refused Shares are not sold within the ninety (such 90) -day period, they period shall continue to be subject to the requirements of a prior offer pursuant to this Section 23.3. If the Offered Shares or Refused Shares are sold pursuant to this Section 2 3.3 to any purchaser who is not a party an Offeree or affiliate thereof, in such case only, the Offered Shares or Refused Shares so sold to such Offeree shall only be subject to the restrictions imposed by this Agreement to the extent that other Shares in the Company owned by such Offeree are subject to the restrictions imposed by this Agreement, the Company, may at its option, require the purchaser to execute and deliver a new Stock Restriction Agreement in substantially the form of this Agreement containing substantially the same terms as those set forth herein.

Appears in 1 contract

Samples: Stockholders Agreement (Eloqua, Inc.)

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