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, 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 Selling Investor shall will 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: (ia) a sale or other disposition of all the Target Shares to the third-third party offeror identified in the Disposition Notice, but in full compliance with the requirements of Section 3.2(c)5.4, as if the Company (or its assignees) did not exercise the First Refusal Right hereunder; or (iib) a sale to the Company (or its assignees) of the portion of the Target Shares which that 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)5.3 and then has a 30-day right to sell the other shares to the third party offeror. Failure Any failure of the Selling Investor to deliver timely notification to the Company under this Section 3.2(d) shall 5.5 will be deemed to be an election by the Selling Investor to sell the Target Shares pursuant to alternative (i) abovein accordance with Section 5.5(a).

Partial Exercise of Right. In the event the Company (or its ------------------------- assignees) makes a timely exercise of the Right of First Refusal Right with respect to a portion, but not all, of the Target Shares specified in the Disposition Notice, the Selling Investor 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 or both of the following alternatives: (ia) sale or other disposition of all the Target Shares to the a third-party offeror identified purchaser in the Disposition Notice, but in full compliance with the requirements of Section 3.2(c)section 3.4, as if the Company did not exercise the Right of First Refusal Right 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 3.2(b)3.3, and sale or other disposition of the remaining Target Shares to a third party purchaser in compliance with Section 3.4, as if the Company did not exercise the Right of First Refusal as to such remaining shares. Failure of the Selling Investor Owner to deliver timely notification to the Company under this Section 3.2(d) 3.5 shall be deemed to be an election by the Selling Investor Owner to sell the Target Shares pursuant to alternative (ia) above.

Partial Exercise of Right. In the event the Company Corporation (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 Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty five (305) days after the date Owner's receipt of the Disposition Exercise Notice, to effect the sale of the Target Shares pursuant to one either of the following alternatives: (ia) 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)D.4 hereof, as if the Company Corporation did not exercise the First Refusal Right hereunder; or (iib) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which that the Company Corporation (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 3.2(b)D.3 hereof. Failure of the Selling Investor Owner to deliver timely notification to the Company Corporation under this Section 3.2(d) D.5 shall be deemed to be an election by the Selling Investor Owner to sell the Target Shares pursuant to alternative (ia) above.

Partial Exercise of Right. In the event the Company Corporation (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 Owner shall have the option, exercisable by written notice to the Company Corporation delivered within thirty five (305) days after the date Owner's receipt of the Disposition Exercise Notice, to effect the sale of the Target Shares pursuant to one either 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)6(d) hereof, as if the Company Corporation did not exercise the First Refusal Right hereunder; or (ii) sale to the Company Corporation (or its assignees) of the portion of the Target Shares which the Company Corporation (or its assignees) has elected to purchase, such sale to be effected in substantial conformity with the provisions of Section 3.2(b)6(c) hereof. Failure of the Selling Investor Owner to deliver timely notification to the Company Corporation under this Section 3.2(d6(e) shall be deemed to be an election by the Selling Investor Owner to sell the Target Shares pursuant to alternative (i) above.