Additional Issuance Exemption Clause Samples

Additional Issuance Exemption. Subject to Section 7.23, nothing herein shall prevent Company from executing and entering into a transaction involving the sale of its securities in a private investment in public company (“PIPE”) offering at any time; provided, that if any such PIPE offering contains any terms and provisions that are more favorable than the terms and provisions contained in the Transaction Documents (including, without limitation, an issuance price or conversion price more favorable than the Fixed Price or Variable Price as set forth in the Promissory Note), the Company shall, at the request of the Investor, enter into amendments to the Transactions Documents with the Investor to provide for the same or more favorable terms and provisions. The Company shall provide written notice of any such PIPE offering no more than 3 days in advance of the same.