Different Terms. Splunk expressly rejects terms or conditions in any Customer purchase order or other similar document that are different from or additional to the terms and conditions set forth in these General Terms. Such different or additional terms and conditions will not become a part of the agreement between the parties notwithstanding any subsequent acknowledgement, invoice or license key that Splunk may issue.
Different Terms. The Company, with the consent of the Investor, may agree to terms for the repurchase of a Holder’s Capital Stock different from those provided in this Section 7.
Different Terms. Blackswan expressly rejects terms or conditions in any Client purchase order or other similar document which are different from or additional to the terms and conditions set forth in the Order or this ECU. Such different or additional terms and conditions will not become a part of an agreement between the parties notwithstanding any subsequent acknowledgement by Xxxxxxxxx.
Different Terms. On terms that are different from the terms on which the Opt-Out Partner had the opportunity to invest such Shortfall Amount under Section 3.2(b), above, then:
(i) Prior to issuing such Partnership Interest to the Additional Partner, the Managing Partner first shall deliver to each Opt-Out Partner a written notice summarizing the terms and conditions on which such Partnership Interest is proposed to be issued and specifying the deadline and instructions for subscribing to the same (which deadline shall not be sooner than five (5) business days prior to the date on which such notice is delivered to the Opt-Out Partner). The Opt-Out Partner may elect to subscribe for such Partnership Interest by delivering to the Managing Partner, prior to the deadline specified in the written summary, a written election to subscribe for part or all of such Partnership Interest and the subscription funds and other documents due therefor. If and to the extent that the Opt-Out Partner fails to deliver such election, funds, and other documents prior to such deadline, the Managing Partner may proceed to issue such Partnership Interest to the Additional Partner(s) pursuant to Section 3.2(c)(iii)(b)(2)(ii), below.
(ii) If, after compliance with Section 3.2(c)(iii)(b)(2)(i), above, any portion of the Partnership Interest has not been fully purchased by the Opt-Out Partner, then the Managing Partner may proceed to issue the same to the Additional Partner on the terms summarized in the notice delivered to the Opt-Out Partner pursuant to Section 3.2(c)(iii)(b)(2)(i), above, and (a) the Additional Partner shall receive such Capital Account credit, Invested Capital account credit, and Percentage Interest as are determined by the General Partner, and (b) any differential between (x) the Capital Account credit, Invested Capital account credit, and Percentage Interest that were to have been allocated to the Opt-Out Partner with respect to the Shortfall Amount that is funded by such additional Investor Partner, and (y) the actual Capital Account credit, Invested Capital account credit, and Percentage Interest shall be, as applicable, allocated to or borne by the Managing Partner.
