STOCKHOLDERS' EXERCISE OF RIGHT Sample Clauses

STOCKHOLDERS' EXERCISE OF RIGHT. Each Stockholder must exercise such Stockholder's purchase rights hereunder within 35 days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms and such Stockholder's percentage allotment. If all of the stock or securities offered to the Stockholders are not fully subscribed by the Stockholders, the stock or securities which are not so subscribed for will be reoffered to the Stockholders purchasing their full allotment upon the terms set forth in this Section 3, except that such Stockholders must exercise their purchase rights within ten (10) days after receipt of such reoffer.
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
STOCKHOLDERS' EXERCISE OF RIGHT. Each Stockholder must exercise such Stockholder's purchase rights under Section 4.1 hereof within 30 days after the effective date of delivery to such Stockholder of written notice from Holding or its Subsidiary, as the case may be, describing in reasonable detail the stock or other securities being offered, the purchase price thereof, the payment terms, and such Stockholder's allotted portion thereof, as determined in accordance with Section 4.1 hereof. If all of such stock or other securities are not fully subscribed for by the Stockholders within such 30-day period, the stock or securities that are not so subscribed for shall be re-offered to the Stockholders purchasing their full allotments upon the terms set forth in this Section 4, except that (i) such Stockholders must exercise their purchase rights with respect to such re-offered securities within ten (10) days after receipt of such re-offer, and (ii) unless such Stockholders so agree, each such Stockholder shall be offered and shall be entitled to purchase pursuant to this Section 4.2 a portion of the re-offered securities equal to the quotient (expressed as a percentage) of (x) the number of shares of Common Stock held by such Stockholder (calculated on a Fully Diluted Basis), divided by (y) the number of shares of Common Stock (calculated on a Fully Diluted Basis) then held by the Stockholders receiving such re-offer.
Sample 1
STOCKHOLDERS' EXERCISE OF RIGHT. Each Stockholder entitled to purchase securities under this Section 5 must exercise such Stockholder's purchase rights hereunder within 20 days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms, and such Stockholder's percentage allotment.
Sample 1
STOCKHOLDERS' EXERCISE OF RIGHT. Each Eligible Major Holder entitled to purchase securities under this Section 5 must exercise such Eligible Major Holder’s purchase rights hereunder within thirty (30) days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms and such Eligible Major Holder’s percentage allotment.
Sample 1
STOCKHOLDERS' EXERCISE OF RIGHT. Each Investor entitled to purchase securities under this Section 3 must exercise such Investor’s purchase rights hereunder within fifteen (15) days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms, and such Investor’s percentage allotment.
Sample 1
STOCKHOLDERS' EXERCISE OF RIGHT. Each Stockholder entitled to purchase securities under this Section 5 must exercise such Stockholder's purchase rights hereunder within 20 days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms, and such Stockholder's percentage allotment. If all of the securities offered to the Stockholders are not fully subscribed for by the Stockholders, the securities which are not so subscribed for will be reoffered to the Stockholders purchasing their full allotment upon the terms set forth in this Section 5, except that such Stockholders must exercise their purchase rights within five (5) days after receipt of such reoffer.
Sample 1

Related to STOCKHOLDERS' EXERCISE OF RIGHT

  • Exercise of Right No failure or delay on the part of either Party in exercising any right, power, or privilege hereunder, and no course of dealing between the Parties, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

  • Waiver and exercise of rights (a) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.

  • Initial Exercise Price; Exercise of Rights; Detachment of Rights (a) Subject to adjustment as herein set forth, each Right will entitle the holder thereof, from and after the Separation Time and prior to the Expiration Time, to purchase one Common Share for the Exercise Price (and the Exercise Price and number of Common Shares are subject to adjustment as set forth below). Notwithstanding any other provision of this Agreement, any Rights held by TransAlta or any of its Subsidiaries shall be void.

  • Exercise of Rights No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement and no course of dealing between the Seller and the Purchaser shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as set forth in Section 6(h) of this Agreement, the rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which any party would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of either party to any other or further action in any circumstances without notice or demand.

  • Exercise of Rights; Exercise Price; Expiration Date of Rights (a) Subject to Sections 7(e), 23(b) and 24(b) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Close of Business on the Expiration Date by surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the office of the Rights Agent designated for such purpose, together with payment of the Exercise Price for each one-thousandth of a Preferred Share (or, following a Triggering Event, other securities, cash or other assets as the case may be) as to which the Rights are exercised.

  • Exercise of Rights; Purchase Price Expiration Date of ------------------------------------------------------ Rights. ------

  • Exercise of Conversion Right To exercise the conversion right, the Holder of the Debenture shall surrender to the Company such Debentures, duly endorsed, accompanied by written Notice of Conversion to the Company in the form provided in this Debenture that the Holder elects to convert such Debenture, or if less than the entire principal amount thereof is to be converted, the specified portion. Debentures shall be deemed to have been converted immediately prior to the close of business on the day of surrender of such Debentures for conversion in accordance with the foregoing provisions, and at such time the rights of the Holders of such Debentures as Holders shall cease, and the person or persons entitled to receive the Common Stock issuable upon conversion shall be treated for all purposes as the record holder or holders of such Common Stock as and after such time. Within two days after the conversion date, the Company, without cost to the Holder, shall issue and deliver to Holder the converted Debenture or the person, specified by such Holder, a certificate for the number of full shares of Common Stock issuable upon conversion registered in the name of such Holder or such other person as shall have been specified by such Holder and all accrued and unpaid interest on the converted Debenture or portion there upon which the Holder does not elect to receive payment in Common Stock. Upon Conversion of this Debenture, the Company shall take all such actions as are necessary in order to insure that the Common Stock issuable with respect to such conversion shall be validly issued, fully paid and nonassessable. The Company shall not close its books against the transfer of Common Stock issued or issuable upon conversion of this Debenture in any manner that interferes with the timely conversion of this Debenture. The Company shall assist and cooperate with any Holder of this Debenture required to make any governmental filings or obtain any governmental approval prior to or in connection with the conversion of this Debenture (including, without limitation, making any filings required to be made by the Company). The conversion rights of any Debenture subject to redemption hereunder shall terminate on the Redemption Date for such Debenture unless the Company has failed to pay to Holder thereof the Redemption Price of such Debenture or portion thereof.

  • Exercise of Rights; Separation of Rights (a) Subject to Sections 3.1, 5.1 and 5.10 and subject to adjustment as herein set forth, each Right will entitle the holder thereof, after the Separation Time and prior to the Expiration Time, to purchase, for the Exercise Price, one one-hundredth of a share of Preferred Stock.

  • Non-Exercise of Rights 31.1. Either Party’s failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Agreement, or its failure to exercise any or part of any of right or remedy to which that Party is entitled under this Agreement, shall not constitute an implied waiver thereof.

  • Maximum Exercise of Rights In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Time is Money Join Law Insider Premium to draft better contracts faster.