Additional Investor Clause Samples

Additional Investor. Notwithstanding anything to the contrary contained herein, each of P▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ and HRG may become a party to this Agreement by executing and delivering a joinder to this Agreement in the form attached hereto as Exhibit A, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investors shall be required for such joinder to this Agreement by HRG, so long as HRG has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

Additional Investor. Notwithstanding anything to the contrary contained herein, if the Company issues additional shares of the Series D Preferred Shares after the date hereof, whether pursuant to the Purchase Agreement or otherwise, any purchaser of such Series D Preferred Shares may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investors shall be required for such joinder to this Agreement by such additional Investor.

Additional Investor. Notwithstanding anything to the contrary contained herein, if the Company issues additional securities after the date hereof, whether pursuant to the Purchase Agreement or otherwise, any purchaser of such securities may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investor shall be required for such joinder to this Agreement by such additional Investor, so long as such additional Investor has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

Additional Investor. The Parties acknowledge that including additional strategic investors with expertise or strategic positions relevant to Insulinova’s Business may be beneficial to I▇▇▇▇▇▇▇▇▇, and, accordingly, agree that I▇▇▇▇▇▇▇▇▇ may, at the Board’s discretion, introduce additional parties to acquire Common Stock, in the form of newly issued shares. The selection of the strategic investors, and the terms and conditions of any such investors’ purchase of Company shares shall be documented as determined by the Board of Insulinova at such time.

Additional Investor. The Company, including its Members and Manager, consent to (i) raising $50,000 as a Capital Contribution from ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and (ii) admitting ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as a Member. The Members hereby authorize the Manager to enter into such subscription agreements, joinder agreements and other documents or deliverables, and to do and perform all such further actions of any nature whatsoever, as he shall, in his discretion, determine to be necessary, advisable or appropriate to consummate the foregoing.

Additional Investor. The Company shall have provided to the Investor reasonable assurance and documentation that, prior to or concurrently with the Second Closing, one or more Subsequent Investors have invested or are investing at least $50,000,000.00 (fifty million Dollars) in Series F Preferred Shares of the Company at the same pricing and other terms as those set forth in this Agreement in accordance with Section 2.3 hereof.

Additional Investor. Upon consummation of the Union Stock Purchase Agreement, Union shall become an "Investor" under the Stockholders Agreement and under the Registration Rights Agreement, in each case entitled to all the benefits accorded to an Investor under, and subject to all of the obligations imposed upon an Investor pursuant to, each such Agreement as if Union had been one of the Investors that was an original signatory party thereto (and, to the extent applicable, Union hereby assumes the obligations of an Investor pursuant to each such Agreement).

Additional Investor. In accordance with section 5.6 of the Bid Agreement, if Fairfax subscribes for 10% Preference Shares in accordance with Section 3.3 as a result of a Funding Shortfall it shall have the right, in its sole discretion, to seek Additional Investors to subscribe for Ordinary Shares at the Subscription Price on or before the date which is 90 days after the date on which it subscribes for 10% Preference Shares in accordance with Section 3.3 (the “Fairfax Co- Invest Period”) in an aggregate amount to allow the Corporation to redeem up to such number of Preference Shares, together with accrued interest, as will result in Fairfax holding not less than 45% and not greater than 49.9% of all Ordinary Shares in issue (assuming all Preference Shares remaining in issue after such redemption were converted into Ordinary Shares).

Additional Investor. The Company, in connection with certain ------------------- financing arrangements has issued warrants to acquire shares of Series C Preferred Stock to Third Coast Venture Lease Partners I, L.P. ("Third Coast"), CID Mezzanine Capital, L.P. ("CIDMC") and Silicon Valley Bank (such warrants being collectively referred to as the "Existing Warrants") and the Company may in the future enter into additional financing arrangements pursuant to which the Company will issue "Additional Warrants" (as that term is defined in Section 3.4 of the Series E Investment Agreement); upon exercise of such Existing Warrants or such Additional Warrants by the holder or holders thereof, such holder or holders shall be deemed an "Investor" for all purposes hereof and Schedule 1 shall be -------- amended to include such holder or holders designated as such without any action of the Company or the other Investors. [END OF AGREEMENT] [REST OF PAGE INTENTIONALLY LEFT BLANK] Schedule 1 ---------- TO SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT Aggregate Number of Shares of Holders of Series A Convertible Series A Convertible Participating Participating Preferred Stock Preferred Stock ------------------------------------------------------------------------------------ CID Equity Capital III, L.P. 1,228,917 Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ------------------------------------------------------------------------------------ Frontenac VI Limited Partnership 3,839,285 ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 357,143 ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 44,643 ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇, JTWROS 151,787 ▇▇▇▇▇▇ ▇▇▇▇ as Trustee of the ▇▇▇▇ Associates 116,070 Pension Plan ▇▇▇▇▇ ▇▇▇▇▇ 26,786 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 44,643 ▇▇▇▇▇ Ramp 26,786 Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ----------------------------------------------------------------------------------- CID Equity Capital III, L.P. 1,607,142 CID Equity Capital V, L.P. 446,429 NEA Ventures 1997, L.P. 4,464 New Enterprise Associates VII, Limited 3,049,107 Partnership MKW Partners, L.P. 475,793 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 21,628 ▇▇▇▇▇▇ Family Limited Partnership #1, f/k/a 163,294 ▇▇▇▇▇▇ Family Limited Partnership Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ----------------------------------...