Common use of Right of First Notice Clause in Contracts

Right of First Notice. (a) Following the expiration of the Lock-Up Period, if GDSH desires to, directly or indirectly, Transfer any of its Company Securities to any Person that is not an Affiliate of GDSH, GDSH shall deliver written notice, setting out the number and class of Company Securities subject to such Transfer and the identity of the transferee, to each of the Investors as soon as reasonably practicable following the execution of the definitive agreements for such Transfer and in any event prior to the consummation of such Transfer; provided that the provisions of this Section 4.02 shall not apply to any Transfers in any IPO. (b) The provisions of this Section 4.02 shall terminate upon the consummation of an IPO.

Appears in 1 contract

Sources: Series a Preferred Share Subscription Agreement (GDS Holdings LTD)

Right of First Notice. (a) Following the expiration of the Lock-Up Period, if GDSH desires to, directly or indirectly, Transfer any of its Company Securities to any Person that is not an Affiliate of GDSH, GDSH shall deliver written notice, setting out the number and class of Company Securities subject to such Transfer and the identity of the transferee, to each of the Investors as soon as reasonably practicable following the execution of the definitive agreements for such Transfer and in any event prior to the consummation of such Transfer; provided that the provisions of this Section 4.02 shall not apply to any Transfers in any IPOa Public Listing, IPO or QIPO. (b) The provisions of this Section 4.02 shall terminate upon the consummation completion of an IPOa Public Listing, IPO or QIPO.

Appears in 1 contract

Sources: Series B Preferred Share Subscription Agreement (GDS Holdings LTD)