Common use of Sale by the Company Clause in Contracts

Sale by the Company. In the event any Stockholder who has a preemptive right under this Section 2.5 fails to exercise in full its preemptive right within said five (5) day period, the Company shall have one hundred twenty (120) days thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c).

Appears in 2 contracts

Samples: Stockholders' Agreement (Syratech Corp), Stockholders' Agreement (Safelite Glass Corp)

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Sale by the Company. In the event any Stockholder who has a preemptive right under this Section 2.5 Shareholder fails to exercise in full his, her or its preemptive right within said five the twenty (520) day periodperiod described in Section 4(c) immediately above, the Company shall have one hundred twenty sixty (12060) days thereafter to sell the New Securities with respect to which the such preemptive right was not exercised, exercised at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c)4(c) immediately above.

Appears in 2 contracts

Samples: Shareholders' Agreement (Hanover Capital Holdings Inc), Shareholders' Agreement (Hanover Capital Holdings Inc)

Sale by the Company. In the event If any Stockholder who has a preemptive right under this Section 2.5 fails to exercise in full his or its preemptive right within said five (5) the allotted time day periodperiods, the Company shall have one hundred twenty six (1206) days months thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice notices given pursuant to Section 2.5(c2.5(a) and (b).

Appears in 1 contract

Samples: Stockholders' Agreement (Eye Care Centers of America Inc)

Sale by the Company. In the event any Stockholder Member who has a preemptive right under this Section 2.5 2.7 fails to exercise in full its preemptive right within said five fifteen (515) day period, the Company shall have one hundred twenty (120) days thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c2.7(c).

Appears in 1 contract

Samples: Members' Agreement (Avery Berkel Holdings LTD)

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Sale by the Company. In the event any Stockholder Shareholder who has a preemptive right under this Section 2.5 fails to exercise in full its preemptive right within said five (5) day period, the Company shall have one hundred twenty (1201) days year thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c).

Appears in 1 contract

Samples: Shareholders Agreement (Rayovac Corp)

Sale by the Company. In the event any Stockholder who has a preemptive right under this Section 2.5 2.6 fails to exercise in full its preemptive right within said five (5) day period, the Company shall have one hundred twenty (120) days thereafter to sell the New Securities with respect to which the preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers thereof than specified in the Company's notice given pursuant to Section 2.5(c2.6(c).

Appears in 1 contract

Samples: Stockholders' Agreement (Holmes Products Corp)

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