Common use of Sales by Company Clause in Contracts

Sales by Company. The Company shall have 50 days from the expiration of the period set forth in Section 5A.3(c) to sell all or any Remaining New Securities that were not agreed to be purchased by the Investor, at a price not less than, and upon terms and conditions not more favorable to the purchasers of such Remaining New Securities than, the price, terms and conditions specified in the Notice. If the Company has not issued and sold the Remaining New Securities within such period, then after such period Company shall not issue or sell any Remaining New Securities without again complying with the provisions of Section 5.6 of the Dell SPA, Section 5A.3 of the Prior Series F Agreement and this Section 5A.3.

Sales by Company. The Company shall have 50 days from the expiration of the period set forth in Section 5A.3(c) to sell all or any Remaining New Securities that were not agreed to be purchased by the InvestorCisco, at a price not less than, and upon terms and conditions not more favorable to the purchasers of such Remaining New Securities than, the price, terms and conditions specified in the Notice. If the Company has not issued and sold the Remaining New Securities within such period, then after such period Company shall not issue or sell any Remaining New Securities without again complying with the provisions of Section 5.6 of the Dell SPA, Section 5A.3 of the Prior Series F Agreement SPA and this Section 5A.3.