Common use of Issuance of Equity Securities to Other Persons Clause in Contracts

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 8 contracts

Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)

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Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.

Appears in 6 contracts

Samples: Investor Rights Agreement (Tivo Inc), Rights Agreement (Copper Mountain Networks Inc), Rights Agreement (General Electric Co)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) 90 days thereafter to sell the all such Equity Securities in respect of which the Holders' rights were not exercisedto any other person(s), at a the same price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice were offered to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days4.2, the Company and shall not thereafter issue or have no obligation to sell any Equity Securities, without first offering such equity securities to the Holders in the manner provided aboveHolders.

Appears in 3 contracts

Samples: Investor Rights Agreement (Auxilium Pharmaceuticals Inc), Rights Agreement (Auxilium Pharmaceuticals Inc), Rights Agreement (Auxilium Pharmaceuticals Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such fifteen (15)-day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 3 contracts

Samples: Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc), ' Rights Agreement (Rightnow Technologies Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 8.3 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 8.3, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Cytel Corp/De), Stock Purchase Agreement (Monsanto Co)

Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 9.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 9.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Monsanto Co), Stock Purchase Agreement (Cytel Corp/De)

Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, exercised at a price and upon general terms and conditions no not more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 hereof9.2. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 9.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Pricesmart Inc)

Issuance of Equity Securities to Other Persons. If the Holders Stockholders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Stockholder's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Stockholders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Stockholders in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Cayenta Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such ten (10) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities equity securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities equity securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securitiesequity securities, without first offering such securities to the Holders in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Dean & Deluca Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Air South Airlines Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such twenty (20) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 5.2(a) hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 1 contract

Samples: Registration Rights Agreement (Evolving Systems Inc)

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Issuance of Equity Securities to Other Persons. If the Holders fail Stockholder fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Stockholder's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Stockholder pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, days of the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.notice

Appears in 1 contract

Samples: Rights Agreement (Cayenta Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 4.3 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.3, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Epimmune Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such twenty (20) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 5.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Endwave Corp)

Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Ask Jeeves Inc)

Issuance of Equity Securities to Other Persons. If the Holders fail Holdings fails to exercise in full the rights its right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the HoldersHoldings' rights were right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Holdings pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Holdings in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (McData Corp)

Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser proposed purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 7.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 7.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.

Appears in 1 contract

Samples: Stock Purchase Agreement (Advanced Remote Communication Solutions)

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