Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Offerees in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Offerees (the “Refused Securities”) to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. The Company shall have one hundred eighty (180) days from the expiration of the Offer Acceptance Period to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investor (the "Refused Securities"), upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons to whom the Offered Securities are proposed to be sold or no less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Investors in respect of all the Offered Securities, the Company shall not be obligated to sell the part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investors (the "Refused Securities"), and the Company shall have 120 days from the expiration of the period set forth in Section 5.01 to sell all or any part of the Refused Securities to the Person or Persons specified in the Offer, but only in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other Person or Persons or less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. In the event that a Notice of Acceptance is not given by the Subscriber in respect of all the Offered Securities, the Corporation shall have seventy-five (75) days from the end of said 14-day period to sell any such Offered Securities as to which a Notice of Acceptance has not been given by the Subscriber (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other Person or Persons or less favorable to the Corporation than those set forth in the Offer.
Permitted Sales of Refused Securities. If Notices of Acceptance are not given in a timely fashion by the Buyers in respect of all the Offered Securities, the Company shall have 120 days from the expiration of the period set forth in Section 4(k)(i) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Buyers (the “Refused Securities”) (as well as the other securities proposed to be issued in a Future Issuance) to any other Person or Persons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other Person or Persons or less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. If Notices of Acceptance ------------------------------------- are not given by Thermo and PIC in respect of all the Offered Securities pursuant to Sections 4.01 and 4.02, the Company shall have sixty (60) days from the expiration of the 10-day period set forth in Section 4.02 to sell all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by Thermo or PIC and all of the Offered Securities not subject to the option of Thermo or PIC pursuant to this Article IV (the "Refused Securities") to the Person or Persons specified in the Offer, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are not more favorable, in the aggregate, to such other Person or Persons or less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. In the event that a Notice of Acceptance is not given in respect of all the Offered Securities, the Company shall have one hundred thirty five (135) days from the end of said 20-day period to sell any such Offered Securities as to which a Notice of Acceptance has not been given by the Purchaser (the "Refused Securities") to the Person or Persons specified in the Third Party Offer, but only for an amount and kind (or the cash equivalent thereof) of consideration and otherwise in all respects upon the terms and conditions, including, without limitation, price and interest rates, which are no more favorable, in the aggregate, to such other Person or Persons or less favorable to the Company (as determined in good faith by the Board of Directors) than those set forth in the Third Party Offer.
Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Investors in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth above to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Investors (the “Refused Securities”), upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to the Company than those set forth in the Offer.
Permitted Sales of Refused Securities. In the event that Notices of Acceptance are not given by the Major Investors in respect of all the Offered Securities, the Company shall have ninety (90) days from the expiration of the period set forth in Section 12(a) to close the sale of all or any part of such Offered Securities as to which a Notice of Acceptance has not been given by the Major Investors (the “Refused Securities”) to the Person or Persons specified in the Offer or any other Person or Persons, but only for cash and otherwise in all respects upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other Person or Persons or less favorable to the Company than those set forth in the Offer. If the Company does not enter into an agreement for all of the Refused Securities within such ninety (90) day period and if such agreement is not consummated within sixty (60) days thereafter, the rights provided under this Section 12 shall be deemed to be revived with respect to the Refused Shares not purchased and such unpurchased Refused Shares shall not be offered unless first reoffered to the Major Investors pursuant to this Section 12.
Permitted Sales of Refused Securities. In the event that a Notice of Acceptance is not given by PerSeptive in respect of all of the Offered Securities, ChemGenics shall have ninety (90) days from the end of said 20-day period to sell any such Offered Securities as to which a Notice of Acceptance has not been given by PerSeptive (the "Refused Securities") to the person or persons specified in the Offer or to any other person who has a right of first refusal to purchase ChemGenics' securities, but only upon terms and conditions, including, without limitation, unit price and interest rates, which are no more favorable, in the aggregate, to such other person or persons or less favorable to ChemGenics than those set forth in the Offer.
