Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Holder exercises the Preemptive Rights within 10 Business Days following the issuance of the First Participation Notice, the Company shall have 90 days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price terms not more favorable to the 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 90 days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Holders pursuant to this Article XV.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within 10 ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price terms not more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Preemptive Rights Holders pursuant to this Article XVSection 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Preemptive Rights Holder exercises the Preemptive Rights within 10 ten (10) Business Days following the issuance of the First Participation Notice, the Company shall have 90 120 days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised exercised) at the same or higher price and upon non-price terms not more favorable to the 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 90 days 120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Preemptive Rights Holders pursuant to this Article XVSection 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Preemptive Rights within 10 Business Days Right of Participation, after ten (10) days following the issuance of the First Participation Notice, the Company shall have 90 120 days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised exercised) at the same or higher price and upon non-price terms not materially more favorable to the 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 90 days 120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Participation Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Holder exercises the Preemptive Rights within 10 Business Days following the issuance of the First Participation Notice, the Company shall have 90 ninety days (90) days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights hereunder were not exercised remaining New Securities) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice, provided that the prospective purchaser of such New Securities shall comply with this Agreement and the Restated Articles, as maybe amended from time to time. In the event that the Company has not issued and sold such New Securities within such 90 ninety days (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Participation Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Holder Major Investor exercises the Preemptive Rights within 10 twenty (20) Business Days following the issuance of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price non‑price terms not more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Holders Major Investors pursuant to this Article XVSection 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Preemptive Rights Right of Participation within 10 Business Days ten (10) days following the issuance of the First Participation Notice, the Company shall have 90 120 days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised exercised) at the same or higher price and upon non-price terms not materially more favorable to the 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 90 days 120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Participation Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Rights Holder exercises the Preemptive Rights within 10 twenty (20) Business Days following the issuance of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price terms not more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Rights Holders pursuant to this Article XVSection 7.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Rights Holder exercises the Preemptive Rights within 10 Business Days thirty (30) days following the issuance receipt date of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price terms not more favorable to the 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 90 days ninety (90)-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Preemptive Rights Right of Participation within 10 Business Days ten (10) days following the issuance of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised exercised) at the same or higher price and upon non-non price terms not more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Participation Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Preemptive Rights Right of Participation within 10 Business Days following the issuance of the First Participation NoticePeriod, the Company shall have 90 ninety (90) days thereafter to complete the sale of sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Rights Right of Participation hereunder were not exercised exercised) at the same or higher price and upon non-price terms not materially more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Participation Rights Holders pursuant to this Article XVSection 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Rights Holder exercises the Preemptive Rights within 10 Business Days thirty (30) days following the issuance of the First Participation Notice, the Company shall have 90 ninety (90) days thereafter to complete the sale of the New Securities described in the First Participation Notice with respect to which the Preemptive Rights hereunder were not exercised at the same or higher price and upon non-price terms not more favorable to the 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 90 days ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Initial Rights Holders pursuant to this Article XVSection 3.