Common use of Failure to Exercise Right Clause in Contracts

Failure to Exercise Right. In the event neither the Corporation nor the other Shareholder shall elect to purchase all of the Shares so offered within the proper period, or shall waive such rights, then the offering Shareholder shall be free to sell such Shares so offered to any person or entity provided that such person or entity shall, upon the purchase of such Shares, agree to be bound by the terms and conditions of this agreement. Any of the offered Shares not so sold within a period of ninety (90) days after any offer under subparagraphs 1(a) and 1(b) hereof to the Corporation and the Shareholder has expired, shall again become subject to the terms of this agreement and may not thereafter be sold to any other party without first offering them to the Corporation and the other Shareholders in accordance with the terms and conditions of this agreement.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Microstrategy Inc), Stock Purchase Agreement (Microstrategy Inc)