Common use of Failure to Exercise Right Clause in Contracts

Failure to Exercise Right. In the event that some or all of the Founder's Shares proposed to be transferred are not purchased by the Company or the Rightholders as allowed by Section 7.1, and to the extent the Rightholders decline to exercise the co-sale right as allowed by Section 7.2, the Selling Founder may, within ninety (90) days after the date on which Rightholders' first refusal and co-sale rights lapsed, transfer some or all of the Founder's Shares which were the subject of the Transfer Notice at a price and on terms no more favorable to the transferee(s) than specified in the Transfer Notice. Founder's Shares transferred in accordance with the provisions of this Section 7 shall no longer be subject to the restrictions on Founder's Shares forth in this Section 7. After the expiration of said ninety (90) day period, the Selling Founder shall not transfer any of his Founder's Shares without first offering such securities to the Company and the Rightholders in the manner provided above in Sections 7.1 and 7.2.

Failure to Exercise Right. In the event that some or all of the ------------------------- Founder's Shares proposed to be transferred are not purchased by the Company or the Rightholders as allowed by Section 7.18.1, and to the extent the Rightholders decline to exercise the co-sale right as allowed by Section 7.28.2, the Selling Founder may, within ninety (90) days after the date on which Rightholders' first refusal and co-sale rights lapsed, transfer some or all of the Founder's Shares which were the subject of the Transfer Notice at a price and on terms no more favorable to the transferee(s) than specified in the Transfer Notice. Founder's Shares transferred in accordance with the provisions of this Section 7 8 shall no longer be subject to the restrictions on Founder's Shares forth in this Section 78. After the expiration of said ninety (90) day period, the Selling Founder shall not transfer any of his Founder's Shares without first offering such securities to the Company and the Rightholders in the manner provided above in Sections 7.1 8.1 and 7.28.2.