Partial Exercise of Right Sample Clauses

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Owner shall have the option, exercisable by written notice to the Company delivered within ninety (90) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other distribution of all the Target Shares to a third-party purchaser in compliance with the requirements of Section 3(d), as if the Company did not exercise the First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 3(c). Failure of Owner to deliver timely notification to the Company under this Section 3(e) shall be deemed to be an election by Owner to sell the Target Shares pursuant to alternative (ii) above.

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the Right of First Refusal with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Optionee shall have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph (d), as if the Company did not exercise the Right of First Refusal hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of paragraph (c) above. Failure of Optionee to deliver timely notification to the Company under this paragraph (e) shall be deemed to be an election by Optionee to sell the Target Shares pursuant to alternative (i) above.

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the First Refusal Right with respect to a portion, the Owner shall have the option, exercisable by written notice to the Company delivered within ninety (90) days after the date of the Disposition Notice, to affect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other distribution of all the Target Shares to a third-party purchaser in compliance with the requirements of Section 8(d) above, as if the Company did not exercise the First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 8(c) above. Failure of Owner to deliver timely notification to the Company under this Section 8(e) shall be deemed to be an election by Owner to sell the Target Shares pursuant to alternative (ii) above,

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, the Selling Investor shall have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of Section 3.2(c), as if the Company did not exercise the First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 3.2(b). Failure of the Selling Investor to deliver timely notification to the Company under this Section 3.2(d) shall be deemed to be an election by the Selling Investor to sell the Target Shares pursuant to alternative (i) above.

Partial Exercise of Right. In the event the Company (or its ------------------------- assignees) makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, the Owner shall have the option, exercisable by written notice to the Company delivered within thirty (30) days after the date of the Disposition Notice, to ------ -- effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to a third-party purchaser in compliance with the requirements of Section 6.4 above, ----------- as if the Company did not exercise the First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) of the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 6.3 above. Failure of ----------- the Owner to deliver timely notification to the Company under this Section 6.5 ----------- shall be deemed to be an election by the Owner to sell the Target Shares pursuant to clause (i) above.

Partial Exercise of Right. In the event the Company (or its assignees) ------------------------- makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, the Owner shall sell to the Company (or its assignees) the portion of the Target Shares which the Company (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 6.3 and sell the remaining Target Shares to a third party purchaser, if so desired by Owner.

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, the remaining shares shall be offered to the holders of Preferred Stock pursuant to section 6.4 hereof. In the event all shares in the Disposition Notice have not been purchased by the Company and/or the Preferred Stockholders, Owner shall have the option, exercisable by written notice to the Company delivered within sixty (60) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (i) sale or other disposition of all the Target Shares to the third-party offeror identified in the Disposition Notice, but in full compliance with the requirements of paragraph 6.6, as if the Company and the Preferred Stockholders did not exercise the First Refusal Right hereunder; or (ii) sale to the Company (or its assignees) and/or the Preferred Stockholders of the portion of the Target Shares which the Company (or its assignees) and/or the Preferred Stockholders have elected to purchase and sale to the third-party offeror identified in the disposition Notice of the remaining portion of the Target Shares, such sale to be effected in substantial conformity with the provisions of paragraph 6.5. Failure of Owner to deliver timely notification to the Company under this paragraph 6.7 shall be deemed to be an election by Owner to sell the Target Shares pursuant to alternative (ii) above.”

Partial Exercise of Right. In the event the Company (or its assignees) makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Owner shall have the option, exercisable by written notice to the Company delivered within ninety (90) days after the date of the

Partial Exercise of Right. In the event ▇▇▇▇▇▇ makes a timely exercise of the First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, Purchaser shall have the option, exercisable by written notice to ▇▇▇▇▇▇ delivered within thirty (30) days after the date of the Disposition Notice, to effect the sale of the Target Shares pursuant to one of the following alternatives: (a) sale or other disposition of all the Target Shares to a third-party purchaser in compliance with the requirements of Section 6.4, as if ▇▇▇▇▇▇ did not exercise the First Refusal Right hereunder; or (b) sale to ▇▇▇▇▇▇ of the portion of the Target Shares which ▇▇▇▇▇▇ has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 6.3. Failure of Purchaser to deliver timely notification to ▇▇▇▇▇▇ under this Section 6.5 shall be deemed to be an election by Purchaser to sell the Target Shares pursuant to alternative (b) above.