Common use of Financings Clause in Contracts

Financings. In the event that the Investor does not exercise, within 12 Business Days after receipt of the Financing Notice, its right to participate in the Proposed Financing, the Company may sell the securities in the Proposed Financing at a price and on terms which are no more favorable to the investors in such Proposed Financing than the terms offered to the Investor. If the Company subsequently changes the price or terms so that the terms are at a price or more favorable to the investors in the Proposed Financing, the Company shall re-offer the securities to the Investor as provided in this Section 5.5.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Thermoenergy Corp)

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Financings. In the event that the Investor does not exercise, within 12 ten Business Days after receipt of the Financing Notice, its right to participate in the Proposed Financing, the Company may sell the securities in the Proposed Financing at a price and on terms which are no more favorable to the investors in such Proposed Financing than the terms offered to the Investor. If the Company subsequently changes the price or terms so that the terms are at a price or more favorable to the investors in the Proposed Financing, the Company shall re-offer the securities to the Investor as provided in this Section 5.5.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp)

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Financings. In the event that the an Investor does not exercise, within 12 ten Business Days after receipt of the Financing Notice, its right to participate in the Proposed Financing, the Company may sell the securities in the Proposed Financing at a price and on terms which are no more favorable to the investors in such Proposed Financing than the terms offered to the InvestorInvestors. If the Company subsequently changes the price or terms so that the terms are at a price or more favorable to the investors in the Proposed Financing, the Company shall re-offer the securities to the Investor Investors as provided in this Section 5.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Thermoenergy Corp)

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