Common use of Sales by the Company Clause in Contracts

Sales by the Company. If the Shareholders fail to exercise their right to purchase the Remaining Securities within the ten (10) day period as described in Section 4.3 above, for a period of thirty (30) days following the expiration of such ten (10) day period, the Company may sell any New Securities with respect to which the Shareholders’ rights under this Section 4 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not sold such New Securities within such thirty (30) day period, the Company shall not thereafter issue or sell any New Securities, without first again offering such securities to its Shareholders in the manner provided in this Section 4.

Sales by the Company. If For a period of one hundred twenty (120) days following the Shareholders fail to exercise their right to purchase expiration of the Remaining Securities within the ten fifteen (1015) day period as described in Section 4.3 7.2 above (or the fifteen (15) day period as described in Section 7.3 above, for a period of thirty (30) days following the expiration of such ten (10) day periodif applicable), the Company may sell any New Securities with respect to which the Shareholders’ a Series A Holder’s preemptive rights under this Section 4 7 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not sold such New Securities within such thirty one hundred twenty (30120) day period, the Company shall not thereafter issue or sell any New Securities, without first again offering such securities to its Shareholders the Series A Holders in the manner provided in this Section 47.1 above.

Sales by the Company. If For a period of one hundred twenty (120) days following the Shareholders fail to exercise their right to purchase expiration of the Remaining Securities within the ten fifteen (1015) day period as described in Section 4.3 7.2 above (or the fifteen (15) day period as described in Section 7.3 above, for a period of thirty (30) days following the expiration of such ten (10) day periodif applicable), the Company may sell any New Securities with respect to which the Shareholders’ a Preferred Holder’s preemptive rights under this Section 4 7 were not exercised, to the purchasers identified in the Issuance Notice and at a price and upon terms not more favorable to the purchasers thereof than specified in the Issuance Notice. In the event the Company has not sold such New Securities within such thirty one hundred twenty (30120) day period, the Company shall not thereafter issue or sell any New Securities, without first again offering such securities to its Shareholders each of the Preferred Holders in the manner provided in this Section 47.1 above.