Comments on: What is a right of first refusal and co-sale agreement?

By: nevergonna

nevergonna — Thu, 19 Nov 2009 06:55:44 +0000

Thanks! Under this particular one, that seems to be the case. I think we're going to then need a waiver by the other investors. It just seems weird because the investor would just be transferring it from ownership as an individual to entity ownership. I'm just curious what the potential objections could be to that given that other angels invested via an entity.

By: Yokum

Yokum — Thu, 19 Nov 2009 06:50:11 +0000

@nevergonna – it depends on the exact lanugage of the agreement. It might trigger the ROFR in some forms and it might not in others.

By: nevergonna

nevergonna — Wed, 18 Nov 2009 23:59:39 +0000

Would an individual investor's transfer to his investment holding company count as a “transfer” subject to the ROFR under most such agreements?

By: nevergonna

nevergonna — Wed, 18 Nov 2009 23:55:44 +0000

By: Yokum

Yokum — Wed, 18 Nov 2009 23:50:11 +0000

@nevergonna – it depends on the exact lanugage of the agreement. It might trigger the ROFR in some forms and it might not in others.

By: nevergonna

nevergonna — Wed, 18 Nov 2009 16:59:39 +0000

Would an individual investor's transfer to his investment holding company count as a “transfer” subject to the ROFR under most such agreements?