Common use of Partial Exercise of Right Clause in Contracts

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 its first refusal rights hereunder with respect to a portion, but not all, of the Owner Target Shares specified in the Optionee's notice of intended disposition, the Optionee shall have the option, exercisable by written notice to the Company delivered within ninety sixty (9060) days after the date of the Disposition Noticeinitial notice of intended disposition, to affect effect the sale of the Target Shares pursuant to one of the following alternatives: (iA) sale or other distribution disposition of all the Target Shares to a third-party purchaser in compliance with the requirements of Section 8(d) aboveParagraph 8(b)(iv), as if the Company did not exercise the First Refusal Right its first refusal rights hereunder; or (iiB) 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) aboveParagraph 8(b)(iii), and, at the option of Optionee, sale of the remaining portion of the Target Shares to a third-party purchaser in compliance with Paragraph 8(b)(iv). Failure of Owner the Optionee to deliver timely notification to the Company under this Section 8(eParagraph 8(b)(vi) shall be deemed to be an election by Owner the Optionee to sell the Target Shares pursuant to alternative (iiB) 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 optionOption, exercisable by written notice to the Company delivered within ninety (90) days after the date of the Disposition Notice, to affect 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 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,.