Common use of Sale Without Notice Clause in Contracts

Sale Without Notice. In lieu of giving notice to the Holders prior to the issuance of Equity Securities as provided in Section 16.2, the Company may elect to give notice to the Holders within 30 days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder shall have 30 days from the date of receipt of such notice to elect to purchase its pro rata share of Equity Securities (as defined in Section 16.1, and calculated by excluding such already issued Equity Securities from the Fully Diluted Common). The closing of such sale shall occur within 60 days of the date of notice to the Holders.

Appears in 2 contracts

Samples: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.)

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Sale Without Notice. In lieu of giving notice to the Right Holders prior to the issuance of Equity Securities as provided in Section 16.24.2, the Company may elect to give notice to the Right Holders within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder Right Holders shall have 30 twenty (20) days from the date of receipt of such notice to elect to purchase its pro rata share of Equity Securities (as defined in Section 16.14.1, and calculated by excluding such already issued before giving effect to the sale of the Equity Securities from to the Fully Diluted Commonpurchasers thereof). The Subject to Section 5.12, the closing of such sale shall occur within 60 sixty (60) days of after the date of notice to the Right Holders.

Appears in 1 contract

Samples: Investor Rights Agreement (Linkshare Corp)

Sale Without Notice. In lieu of giving notice to the Holders Purchasers prior to the issuance of Equity Securities as provided in Section 16.27.10(b), the Company may elect to give notice to the Holders Purchasers within 30 days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder Purchaser then holding shares of the Common Stock shall have 30 10 days from the date of receipt of such notice to elect to purchase its up to the number of shares that would, if purchased by such Purchaser, maintain such Purchaser's pro rata share of Equity Securities (as defined set forth in Section 16.1, and calculated by excluding such already issued Equity Securities from 7.10(a)) of the Fully Diluted Common)Common Stock. The closing of such sale shall occur within 60 days of the date of notice to the HoldersPurchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sbe Inc)

Sale Without Notice. In lieu of giving notice to the Holders Investors prior to the issuance of Equity Securities as provided in Section 16.25.2, the Company may elect to give notice to the Holders Investors within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder Investor shall have 30 fifteen (15) days from the date of receipt of such notice to elect to purchase its pro rata share of Equity Securities (as defined in Section 16.15.1, and calculated by excluding such already issued before giving effect to the sale of the Equity Securities from to the Fully Diluted Commonpurchasers thereof). The closing of such sale shall occur within 60 sixty (60) days of the date of notice to the HoldersInvestors.

Appears in 1 contract

Samples: Rights Agreement (Digital Impact Inc /De/)

Sale Without Notice. In lieu of giving notice to the Holders Investor prior to the issuance of Equity Securities as provided in Section 16.22.2, the Company Corporation may elect to give notice to the Holders Investor within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder The Investor shall have 30 twenty (20) days from the date of receipt of such notice to elect to purchase its up to the number of shares that would, if purchased by the Investor, maintain the Investor’s pro rata share of Equity Securities (as defined set forth in Section 16.1, and calculated by excluding such already issued Equity Securities from 2.1) of the Fully Diluted Common)Corporation’s equity securities. The closing of such sale shall occur within 60 sixty (60) days of the date of notice to the HoldersInvestor.

Appears in 1 contract

Samples: Stockholder Agreement (CorMedix Inc.)

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Sale Without Notice. In lieu of giving notice to the Holders Stockholder prior to the issuance of Equity Securities as provided in Section 16.24.2, the Company may elect to give notice to the Holders Stockholder within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder Stockholder shall have 30 twenty (20) days from the date of receipt of such notice to elect to purchase its pro rata PRO RATA share of Equity Securities (as defined in Section 16.14.1, and calculated by excluding such already issued before giving effect to the sale of the Equity Securities from to the Fully Diluted Commonpurchasers thereof). The closing of such sale shall occur within 60 sixty (60) days of the date of notice to the HoldersStockholder.

Appears in 1 contract

Samples: Rights Agreement (Cayenta Inc)

Sale Without Notice. In lieu of giving notice to the Holders Holder prior to the issuance of Equity Securities as provided in Section 16.26.2, the Company may elect to give notice to the Holders Holder within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each The Holder shall have 30 twenty (20) days from the date of receipt of such notice to elect to purchase its up to the number of shares that would, if purchased by the Holder, maintain the Holder’s pro rata share of Equity Securities (as defined set forth in Section 16.1, and calculated by excluding such already issued 6.1) of the Company’s Equity Securities from the Fully Diluted Common)Securities. The closing of such sale shall occur within 60 sixty (60) days of the date of notice to the HoldersHolder.

Appears in 1 contract

Samples: Common Stock Exchange and Stockholder Agreement (CorMedix Inc.)

Sale Without Notice. In lieu of giving notice to the Holders Investors prior to the issuance of Equity Securities as provided in Section 16.24.2, the Company may elect to give notice to the Holders Investors within 30 thirty (30) days after the issuance of Equity Securities. Such notice shall describe the type, price and terms of the Equity Securities. Each Holder Investor shall have 30 twenty (20) days from the date of receipt of such notice to elect to purchase its pro rata share of Equity Securities (as defined in Section 16.14.1, and calculated by excluding such already issued before giving effect to the sale of the Equity Securities from to the Fully Diluted Commonpurchasers thereof). The closing of such sale shall occur within 60 sixty (60) days of the date of notice to the HoldersInvestors.

Appears in 1 contract

Samples: Investor Rights Agreement

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