on the over-the-counter market that represent two percent (2%) or less of the number of shares of that class of securities issued and outstanding. If Pretzel Time exercises its right of first refusal, Franchisee (and its Owners) further agrees that he will abide by the restrictions of Section 17.C.(13). If Pretzel Time does not exercise its right of first refusal, Franchisee or its Owners may complete the sale to such purchaser pursuant to and on the exact terms of such offer, subject to Pretzel Time's approval of the Transfer as provided in Section 17, provided that if the sale to such purchaser is not completed within 120 days after delivery of such offer to Pretzel Time, or if there is a material change in the terms of the sale (which Franchisee shall promptly communicate to Pretzel Time), Pretzel Time's right to first refusal shall be extended for thirty (30) days after the expiration of such 120 day period or after the material change in the terms of the sale so communicated to Pretzel Time. 17.H. PUBLIC OR PRIVATE OFFERINGS. In the event Franchisee (or any of its Owners) shall, subject to the restrictions and conditions of Transfer contained in Section 17, attempt to raise or secure funds by the sale of securities (including, without limitation, common or preferred stock, bonds, debentures or general or limited partnership interests) in Franchisee or any affiliate of Franchisee, Franchisee, recognizing that the written information may reflect upon Pretzel Time, agrees to submit any such written information used with respect thereto prior to its inclusion in any registration statement, prospectus or similar offering circular or memorandum and to obtain Pretzel Time's written consent to the method of financing prior to any offering or sale of such securities. Pretzel Time's written consent pursuant to this Section