Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. (i) In the event that none of the Participation Rights Holders exercise the Right of Participation with respect to any New Securities described in the First Participation Notice, after twenty (20) days following the date of the First Participation Notice, or (ii) upon the expiration of the Second Participation Period, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the New Securities described in the First Participation Notice (with respect to which the Right of Participation was not fully exercised) at the same price and upon the same terms as specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed period, then the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Participation Rights Holders pursuant to this Section 4.

Failure to Exercise. (i) In the event that none of the Participation Rights Holders exercise the fully its Right of Participation in accordance with respect to any New Securities described in the First Participation Noticesubsection (d)(i) above, after twenty (20) days following the date of the First Participation Notice, or (ii) upon the expiration of the Second Participation Period, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the New Securities described in the First Participation Notice (with respect to which the Right of Participation was not fully exercised) at the same price and upon the same non-price terms as specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed period, then the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Participation Rights Holders pursuant to this Section 4.

Failure to Exercise. (i) In the event that none of the Participation Rights Holders do not exercise the Right of Participation with respect to any all New Securities described in the First Participation Notice, (i) after twenty (20) days Business Days following the date of the First Participation Notice, or (ii) upon the expiration of the Second Participation Period, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the New Securities described in the First Participation Notice (with respect to which the Right of Participation was not fully exercised) at the same or a higher price and upon non-price terms not more favorable to the same terms as purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed period, then the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Participation Rights Holders pursuant to this Section 44.1.

Failure to Exercise. (i) In the event that none of the Participation Rights Holders do not exercise the Right of Participation with respect to any all New Securities described in the First Participation Notice, after twenty thirty (2030) days Busienss Days following the date of the First Participation Notice, or (ii) upon the expiration of the Second Participation Period, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the New Securities described in the First Participation Notice (with respect to which the Right of Participation was not fully exercised) at the same price and upon the same non-price terms as specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed period, then the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Participation Rights Holders pursuant to this Section 4.

Failure to Exercise. (i) In the event that none of the Participation Rights Holders do not exercise the Right of Participation with respect to any all New Securities described in the First Participation Notice, after twenty twenty-five (2025) days Business Days following the date of the First Participation Notice, or (ii) upon the expiration of the Second Participation Period, as the case may be, the Company shall have a period of ninety one hundred and twenty (90120) days thereafter to sell to other third parties the New Securities described in the First Participation Notice (with respect to which the Right of Participation was not fully exercised) at the same price and upon the same non-price terms as specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed period, then the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to the Participation Rights Holders pursuant to this Section 4.

Failure to Exercise. (i) In the event that none of the Participation Rights Holders exercise the Right of Participation with respect to any New Securities described in the First Participation Notice, after twenty (20) days following the date of the First Participation Notice, or (ii) upon Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation, after thirty (30) days following the delivery of the First Participation Notice, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the fifty percent (50%) of the New Securities described in the First Participation Notice (with respect to which the Participation Rights Holders’ Right of Participation hereunder was not fully exercised) at the same or higher price and upon non-price terms not more favorable to the same terms as purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering fifty percent (50%) of such New Securities to the Participation Rights Holders pursuant to this Section 4.. 4.6

Failure to Exercise. (i) In the event that none of the Participation Rights Holders exercise the Right of Participation with respect to any New Securities described in the First Participation Notice, after twenty (20) days following the date of the First Participation Notice, or (ii) upon Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation, after thirty (30) days following the delivery of the First Participation Notice, the Company shall have a period of ninety (90) days thereafter to sell to other third parties the fifty percent (50%) of the New Securities described in the First Participation Notice (with respect to which the Participation Rights Holders’ Right of Participation hereunder was not fully exercised) at the same or higher price and upon non-price terms not more favorable to the same terms as purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such prescribed ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering fifty percent (50%) of such New Securities to the Participation Rights Holders pursuant to this Section 4.