Common use of Company’s Right of First Refusal Clause in Contracts

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 111 contracts

Samples: Equity Incentive Plan (Alto Neuroscience, Inc.), Equity Incentive Plan (Carmot Therapeutics Inc.), Stock Option Agreement (Carmot Therapeutics Inc.)

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Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 89 contracts

Samples: Stock Option Agreement (Heliogen, Inc.), Stock Option Plan (Cardiva Medical, Inc.), Employment Agreement

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 63 contracts

Samples: Stock Option Agreement (BioCardia, Inc.), Stock Option Agreement (Tekoil & Gas Corp), Stock Option Agreement (Tekoil & Gas Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee -------------------------------- or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 29 contracts

Samples: Restricted Stock Purchase Agreement (Ondisplay Inc), Stock Option Agreement (Software Com Inc), Security Agreement (Numerical Technologies Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 16 contracts

Samples: Stock Option Agreement (Avenue Therapeutics, Inc.), 2010 Stock Plan (Skillz Inc.), Stock Plan (Miramar Labs, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 12 contracts

Samples: Security Agreement (Avanex Corp), Security Agreement (Avanex Corp), Security Agreement (Avanex Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 10 contracts

Samples: Restricted Stock Purchase Agreement (Rstar Corp), Pledge Agreement (Nexsan Corp), Restricted Stock Purchase Agreement (Optimark Technologies Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or -------------------------------- any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 10 contracts

Samples: Stock Option Agreement (Emachines Inc /De/), Restricted Stock Purchase Agreement (Numerical Technologies Inc), Restricted Stock Purchase Agreement (Numerical Technologies Inc)

Company’s Right of First Refusal. Before any Shares held by Participant -------------------------------- Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 7 contracts

Samples: Exhibit 99 (Microtune Inc), Option Agreement (Genesys Telecommunications Laboratories Inc), Security Agreement (Cabletron Systems Inc)

Company’s Right of First Refusal. Before any Shares held by Participant or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred or otherwise transferred disposed of (including transfer by gift or operation of law, collectively a “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 7 contracts

Samples: Stock Option Agreement (Reliant Pharmaceuticals, Inc.), Stock Option Agreement (Reliant Pharmaceuticals, Inc.), 2004 Equity Incentive Plan (Reliant Pharmaceuticals, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of laweach, a “Transfer”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares proposed to be Transferred on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 7 contracts

Samples: Restricted Stock Purchase Agreement (Airxpanders Inc), Stock Option Agreement (Orion Acquisition Corp Ii), Restricted Stock Purchase Agreement (Orion Acquisition Corp Ii)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of laweach, a “Transfer”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares proposed to be Transferred on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 6 contracts

Samples: Stock Option Agreement (Duolingo, Inc.), Stock Option Agreement (Sagimet Biosciences Inc.), Equity Incentive Plan (Principia Biopharma Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of laweach, a “Transfer”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares proposed to be Transferred on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 6 contracts

Samples: Restricted Stock Purchase Agreement (Gritstone Oncology, Inc.), Stockholders’ Agreement (Nevro Corp), Restricted Stock Purchase Agreement (Corvus Pharmaceuticals, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant or Optionee (including, for purposes of Sections 4, 5 and 6 hereof, any permitted transferee (either being sometimes referred to herein as the “Holder”holding Shares) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of law) (collectively, “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 5 contracts

Samples: Stock Option Agreement (Demand Media Inc.), Stock Option Agreement (Demand Media Inc.), Stock Option Agreement (Demand Media Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) Holder may be sold or otherwise transferred (including any assignment, pledge, encumbrance or other disposition of the Shares, but not including a permitted transfer by gift or operation of lawunder Section 3.1 hereof), the Company or its assignee(s) assignee shall have a an assignable right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the "Right of First Refusal").

Appears in 5 contracts

Samples: Stock Purchase Agreement (Avenue a Inc), Stock Purchase Agreement (Avenue a Inc), Stock Purchase Agreement (Avenue a Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of lawlaw and, collectively, “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 5 contracts

Samples: Stock Option Agreement (Priveterra Acquisition Corp.), Director Retainer Agreement (Newegg Inc), Equity Incentive Plan (AeroVironment Inc)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 4 contracts

Samples: Plan Stock Option Grant Agreement (Ra Medical Systems, Inc.), Plan Stock Option Grant Agreement (Ra Medical Systems, Inc.), Nonqualified Stock Option Agreement (Revel Entertainment Group, LLC)

Company’s Right of First Refusal. Before any Shares held by Participant or Optionee (including, for purposes of Sections 4 and 5 hereof, any permitted transferee (either being sometimes referred to herein as the “Holder”holding Shares) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of law) (collectively, "Transfer" or "Transferred"), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the "Right of First Refusal").

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Black Ridge Oil & Gas, Inc.), Stock Option Agreement (Black Ridge Oil & Gas, Inc.), Stock Option Agreement (Black Ridge Oil & Gas, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant the Award Holder or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 3 contracts

Samples: Joinder Agreement (D-Wave Quantum Inc.), Joinder Agreement (D-Wave Quantum Inc.), D-Wave Quantum Inc.

Company’s Right of First Refusal. Before any Shares that are held by Participant -------------------------------- Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(sassignees(s) shall have a right of first refusal to purchase the Shares (the "Right of First Refusal") on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”)below.

Appears in 3 contracts

Samples: Security Agreement (Biomarin Pharmaceutical Inc), Security Agreement (Biomarin Pharmaceutical Inc), Security Agreement (Biomarin Pharmaceutical Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any permitted transferee (either being sometimes referred to herein as the “each, a "Holder") may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of lawlaw and, collectively, "Transfer" or "Transferred"), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 3 contracts

Samples: Stock Option Agreement (Interchange Corp), Stock Option Agreement (Interchange Corp), Stock Option Agreement (Broadcom Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser -------------------------------- or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 3 contracts

Samples: Joint Escrow Instructions (Crossworlds Software Inc), Joint Escrow Instructions (Crossworlds Software Inc), Loan Agreement (Applied Micro Circuits Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 3 contracts

Samples: Stock Option Agreement (Firstworld Communications Inc), Stock Option Agreement (Firstworld Communications Inc), Earthshell Container (Earthshell Container Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall will have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 3 contracts

Samples: Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Cisco Systems Inc)

Company’s Right of First Refusal. Before Without limitation of the Company's other rights, including, without limitation, under Section 5 hereof, before any Shares held by Participant you or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 2 contracts

Samples: Option Agreement (Veeco Instruments Inc), Veeco Instruments Inc

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of law), in any case in accordance with Section 3 above (collectively, “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Restricted Stock Purchase Agreement (Demand Media Inc.), Restricted Stock Purchase Agreement (Demand Media Inc.)

Company’s Right of First Refusal. Before any Vested Shares held by Participant or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred or otherwise transferred disposed of (including transfer by gift or operation of law, collectively a “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Vested Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Restricted Stock Agreement (Reliant Pharmaceuticals, Inc.), Restricted Stock Agreement (Reliant Pharmaceuticals, Inc.)

Company’s Right of First Refusal. Before Notwithstanding Section 5, before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 6 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Equity Incentive Plan (Domo, Inc.), Equity Incentive Plan (Domo, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Restricted Stock Purchase Agreement (Nexsan Corp), Restricted Stock Purchase Agreement (Nexsan Corp)

Company’s Right of First Refusal. Before any Shares held by Participant -------------------------------- Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 2 contracts

Samples: Joint Escrow Instructions (Crossworlds Software Inc), Joint Escrow Instructions (Crossworlds Software Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee of such Shares (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including without limitation a transfer by gift or operation of law), the Company or and/or its assignee(s) shall have a an assignable right of first refusal to purchase the Shares to be sold or transferred (the "OFFERED SHARES") on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 2 contracts

Samples: Stock Option Agreement (Informix Corp), Non Plan Stock Option Grant Agreement (Silicon Image Inc)

Company’s Right of First Refusal. Before any Shares held by Participant or Optionee (including, for purposes of Sections 4 and 5 hereof, any permitted transferee (either being sometimes referred to herein as the “Holder”holding Shares) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of law) (collectively, “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Black Ridge Oil & Gas, Inc.), Incentive Stock Option Agreement (Black Ridge Oil & Gas, Inc.)

Company’s Right of First Refusal. Before any of the Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the such Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Stock Option Agreement (Kinemed Inc), Stock Option Agreement (Paxton Energy Inc)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall will have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Restricted Stock Agreement (Complete Solaria, Inc.), 2016 Stock Plan (Complete Solaria, Inc.)

Company’s Right of First Refusal. Before Notwithstanding anything to the contrary herein, before any Shares held by Participant or Holder (which, for the purposes of this Section 5(c), shall include any transferee (either being sometimes referred to herein as the “Holder”of Shares) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 2 contracts

Samples: Sutro Biopharma Inc, Sutro Biopharma Inc

Company’s Right of First Refusal. Before Without limitation of the Company's other rights, including, without limitation, under Section 5 hereof, before any Shares held by Participant you or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).have

Appears in 1 contract

Samples: Veeco Instruments Inc

Company’s Right of First Refusal. Before any Shares held by Participant Dxxxxx or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 3 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Restriction and Put Right Agreement (Comscore, Inc.)

Company’s Right of First Refusal. Before any Shares (vested or unvested) held by the Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”)9.

Appears in 1 contract

Samples: Option Grant and Agreement (ArcSight Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").. 78 (a)

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Metatools Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the such Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Option Plan (Cardiva Medical, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall will have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Agreement (Complete Solaria, Inc.)

Company’s Right of First Refusal. Before any Shares acquired pursuant to this Award of Restricted Stock Units that are held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall will have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 15 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Ibotta, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Plan (Ancestry.com Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(sassignees) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Option Agreement (Verisign Inc/Ca)

Company’s Right of First Refusal. Before any Shares held by Participant the Award Holder or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First RefusalFirstRefusal”).

Appears in 1 contract

Samples: D-Wave Quantum Inc.

Company’s Right of First Refusal. Before any Shares held by the Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 13 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a an assignable right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 1 contract

Samples: Divine Inc

Company’s Right of First Refusal. Before any Shares held by Participant the Grantee or any transferee (either being sometimes referred to herein as applicable, the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 6 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Option Agreement (CoLucid Pharmaceuticals, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Zapme Corp)

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Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).. (a)

Appears in 1 contract

Samples: Tempest Therapeutics, Inc.

Company’s Right of First Refusal. Before any Shares held by Participant a Stockholder (a "Selling Stockholder") or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 1 contract

Samples: First Refusal Agreement (Amazon Com Inc)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) of such Shares may be sold or otherwise transferred (including without limitation a transfer by gift or operation of law), the Company or and/or its assignee(s) shall have a an assignable right of first refusal to purchase the Shares to be sold or transferred on the terms and conditions set forth in this Section 5 the Exercise Agreement (the “Right of First Refusal”). The Company’s Right of First Refusal will terminate when the Company’s securities become publicly traded.

Appears in 1 contract

Samples: Stock Option Agreement (Intuit Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").. 46 (a)

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Metatools Inc)

Company’s Right of First Refusal. Before any Shares held by Participant a Stockholder or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 3 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Restriction and Put Right Agreement (Comscore, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any permitted transferee under this Section 3 (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 3 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Option Agreement (Prosper Funding LLC)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold sold, gifted, encumbered, pledged, transferred by operation of law, or otherwise transferred (including transfer by gift or operation of laweach, a “Transfer”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Nextg Networks Inc)

Company’s Right of First Refusal. Before all or any portion of the Shares held by Participant the Purchaser or any transferee (either being sometimes referred to herein as the “HolderStockholder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the such Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Cloudastructure, Inc.)

Company’s Right of First Refusal. Before any Exercised Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred Transferred (including transfer Transfer by gift or operation of law), and except as otherwise provided in this Section II.13, the Company or its successors or assignee(s) shall have a right of first refusal to purchase the Exercised Shares on the terms and conditions set forth in this Section 5 II.13 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Option Agreement (Americold Realty Trust)

Company’s Right of First Refusal. Before any Shares Warrant Stock held by Participant the Holder or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares Warrant Stock on the terms and conditions set forth in this Section 5 8 (the "Right of First Refusal").

Appears in 1 contract

Samples: Usweb Corp

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a an assignable right of first refusal to purchase the such Shares on the terms and conditions set forth in this Section 5 4 (the "Right of First Refusal").

Appears in 1 contract

Samples: Exercise and Shareholder Agreement (Broadcom Corp)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 V (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Fluidigm Corp)

Company’s Right of First Refusal. Before any Shares held by Participant -------------------------------- Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or ------- operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").. ----------------------

Appears in 1 contract

Samples: Elaine Hamilton Non Statutory Stock Option Agreement (Vicinity Corp)

Company’s Right of First Refusal. Before any Shares held by Participant you or any transferee (either being sometimes referred to herein as the “Holder”) may be sold shall sell or otherwise transferred transfer the Shares (including a transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Visicu Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser --------------------------------- or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 1 contract

Samples: Loan Agreement (Applied Micro Circuits Corp)

Company’s Right of First Refusal. Before any Shares held by Participant or any transferee (either being sometimes referred to herein in this Section 6 as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 6 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Better Home & Finance Holding Co)

Company’s Right of First Refusal. Before any Shares held by Participant me or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred or otherwise transferred disposed of (including transfer by gift or operation of law, collectively a “Transfer” or “Transferred”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 4 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Option Agreement (Reliant Pharmaceuticals, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or -------------------------------- any transferee (either being sometimes referred to herein as the "Holder") may ------ be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").. ----------------------

Appears in 1 contract

Samples: Option Agreement (Vicinity Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").. a.

Appears in 1 contract

Samples: Incentive Plan Stock Option Agreement (Energy Vault Holdings, Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant the -------------------------------- Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Usweb Corp)

Company’s Right of First Refusal. Before any Exercised Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred Transferred (including transfer Transfer by gift or operation of law), and except as otherwise provided in this Section II.13, the Company or its successors or assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).have

Appears in 1 contract

Samples: Stock Option Agreement (Americold Realty Trust)

Company’s Right of First Refusal. Before any Shares held by Participant the Founder or any transferee (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 1 contract

Samples: S Stock Agreement (Internetconnect Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Holder or any permitted transferee (either being sometimes referred to herein as the each, a “Holder”) may be sold sold, pledged, assigned, hypothecated, transferred, or otherwise transferred disposed of (including transfer by gift or operation of laweach, a “Transfer”), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares proposed to be Transferred on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Common Stock Warrant (Intermolecular Inc)

Company’s Right of First Refusal. Before any Shares held by Participant Grantee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Fathom Holdings Inc.)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including without limitation transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”), subject to the exception for certain family transfers as set forth below.

Appears in 1 contract

Samples: Stock Purchase Agreement (Overstock Com Inc)

Company’s Right of First Refusal. Before any Shares held by Participant -------------------------------- Purchaser or any transferee (either being sometimes referred to herein as the “Holder”"HOLDER") may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 6 (the “Right of First Refusal”"RIGHT OF FIRST REFUSAL").

Appears in 1 contract

Samples: Security Agreement (Genesys Telecommunications Laboratories Inc)

Company’s Right of First Refusal. Before Subject to Section 5, before any Purchaser Shares held by Participant a Stockholder or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Purchaser Shares being sold or otherwise transferred (the “Transfer Shares”) on the terms and conditions set forth in this Section 5 7 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Agreement (Upland Software, Inc.)

Company’s Right of First Refusal. Before Subject to Section 6, before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall will have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Alien Technology Corp)

Company’s Right of First Refusal. Before any Shares shares of the Company (the “Shares”) held by Participant the Undersigned or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 1 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Glimpse Group, Inc.

Company’s Right of First Refusal. Before any Shares held by Participant Optionee or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or and/or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

Appears in 1 contract

Samples: Stock Plan (Peninsula Acquisition Corp)

Company’s Right of First Refusal. Before any Shares held by Participant Purchaser or any transferee (either being sometimes referred to herein as the "Holder") may be sold or otherwise transferred (including without limitation transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the "Right of First Refusal").

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Symantec Corp)

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