Failure to Exercise Right. In the event the Purchasers fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 and 2.4 above, the Company may within one hundred twenty (120) days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the Purchasers, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of such New Securities within such 120-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers in the manner provided in Section 2.3.
Appears in 7 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Selecta Biosciences Inc), Investors’ Rights Agreement (Selecta Biosciences Inc)
Failure to Exercise Right. In the event the Purchasers Preferred Holders fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 7.3 and 2.4 7.4 above, the Company may within one hundred and twenty (120) days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the PurchasersPreferred Holders, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of sold such New Securities within such 120-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers Preferred Holders in the manner provided in Section 2.37.3.
Appears in 5 contracts
Samples: And Warrant Purchase Agreement, And Warrant Purchase Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)
Failure to Exercise Right. In the event the Purchasers Preferred Investors fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 7.3 and 2.4 7.4 above, the Company may within one hundred and twenty (120) days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the PurchasersPreferred Investors, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of sold such New Securities within such 120-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers Preferred Investors in the manner provided in Section 2.37.3.
Appears in 2 contracts
Samples: Purchase Agreement (Cerulean Pharma Inc.), Purchase Agreement (Cerulean Pharma Inc.)
Failure to Exercise Right. In the event the Purchasers Investors fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 and 2.4 abovespecified, the Company may within one hundred and twenty (120) days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the PurchasersInvestors, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of sold such New Securities within such 120-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers Investors in the manner provided in Section 2.34.6.
Appears in 2 contracts
Samples: Investor Agreement (Riedman Corp), Investor Agreement (Phoenix Footwear Group Inc)
Failure to Exercise Right. In the event the Purchasers fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 and 2.4 above, the Company may within one hundred and twenty (120) calendar days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the Purchasers, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of sold such New Securities within such 120-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers in the manner provided in Section 2.3.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Momenta Pharmaceuticals Inc), Investors' Rights Agreement (Momenta Pharmaceuticals Inc)
Failure to Exercise Right. In the event the Purchasers fail to fully exercise the foregoing participation right with respect to any New Securities within the periods specified by Sections 2.3 and 2.4 above, the Company may within one hundred twenty ninety (12090) days after the delivery of the Sale Notice sell any or all of such New Securities not agreed to be purchased by the Purchasers, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Sale Notice. In the event the Company has not closed the sale of sold such New Securities within such 12090-day period, the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Purchasers in the manner provided in Section 2.3.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Organovo Holdings, Inc.)
