Common use of Right of Resale Clause in Contracts

Right of Resale. During the Right of Resale Period, the Investor shall, upon the Company's consummation of a Corporate Event, have the following rights with respect to the shares of Purchased Shares and New Securities then owned by the Investor (the "Owned Shares"): (A) If a Corporate Event results in any or all of the Owned Shares being acquired at less than the Guaranteed Price, the Investor shall receive from the Company the difference between the Guaranteed Price with respect to the Owned Shares so acquired and the price at which such Owned Shares are acquired, such payment to be made in cash upon the consummation of such Corporate Event. (B) If a Corporate Event results in some of the Owned Shares being acquired at less than the Guaranteed Price, the Investor shall have the right to sell to the Company for cash any or all of the Owned Shares not so acquired at the Guaranteed Price, such sale to occur upon consummation of such Corporate Event. (C) If in connection with a Corporate Event the Owned Shares are not purchased on a pro rata basis with the Company's other then- outstanding voting securities, the Investor shall have the right to sell to the Company for cash any or all of the pro rata portion of the Owned Shares not so purchased at the Guaranteed Price. Notwithstanding the foregoing, the Investor shall not have the right to sell to the Company any Owned Shares pursuant to this Section 7(g)(iv) if the person affecting a Corporate Event offers to acquire all of such Owned Shares (or the Investor's pro rata portion of such Owned Shares in the event the person affecting such Corporate Event offers to acquire less than all of the Company's outstanding voting securities) for cash or in exchange for registered, readily tradable securities listed on the Nasdaq National Market, the New York Stock Exchange or another national securities exchange, at a purchase price that is not less than the Guaranteed Price.

Right of Resale. During the Right of Resale Period, the Investor shall, upon the Company's consummation of a Corporate Event, have the following rights with respect to the shares of Purchased Shares and New Securities then owned by the Investor (the "Owned Shares"): (A) If a Corporate Event results in any or all of the Owned Shares being acquired at less than the Guaranteed Price, the Investor shall receive from the Company the difference between the Guaranteed Price with respect to the Owned Shares so acquired and the price at which such Owned Shares are acquired, such payment to be made in cash upon the consummation of such Corporate Event. (B) If a Corporate Event results in some of the Owned Shares being acquired at less than the Guaranteed Price, the Investor shall have the right to sell to the Company for cash any or all of the Owned Shares not so acquired at the Guaranteed Price, such sale to occur upon consummation of such Corporate Event. (C) If in connection with a Corporate Event the Owned Shares are not purchased on a pro rata basis with the Company's other then- then-outstanding voting securities, the Investor shall have the right to sell to the Company for cash any or all of the pro rata portion of the Owned Shares not so purchased at the Guaranteed Price. Notwithstanding the foregoing, the Investor shall not have the right to sell to the Company any Owned Shares pursuant to this Section 7(g)(iv) if the person affecting a Corporate Event offers to acquire all of such Owned Shares (or the Investor's pro rata portion of such Owned Shares in the event the person affecting such Corporate Event offers to acquire less than all of the Company's outstanding voting securities) for cash or in exchange for registered, readily tradable securities listed on the Nasdaq National Market, the New York Stock Exchange or another national securities exchange, at a purchase price that is not less than the Guaranteed Price.Event