Most Favored Nation While the Note or any principal amount, interest or fees or expenses due thereunder remain outstanding and unpaid, the Company shall not enter into any public or private offering of its securities (including securities convertible into shares of Common Stock) with any individual or entity (an “Other Investor”) that has the effect of establishing rights or otherwise benefiting such Other Investor in a manner more favorable in any material respect to such Other Investor than the rights and benefits established in favor of the Buyer by this Agreement or the Note unless, in any such case, the Buyer has been provided with such rights and benefits pursuant to a definitive written agreement or agreements between the Company and the Buyer.
Most Favored Nations The Company hereby represents and warrants that as of the date hereof, and covenants and agrees that after the date hereof, none of the agreements with any other Person for the purchase of Class A Shares or Warrants include or will include terms, rights or other benefits that are more favorable, in any material respect, to such other Person than the terms, rights and benefits in favor of the Purchaser under this Agreement, and the Company will not amend any of the terms, rights or benefits in, or waive any material obligation under, any of the agreements with such other Person unless, in any such case, the Purchaser has been offered in writing the opportunity to concurrently receive the benefits of all such terms, rights and benefits or waiver. The Purchaser shall notify the Company in writing, within ten (10) days after the date it has been offered the opportunity to receive the benefit of such terms, rights, benefits or waiver, of its election to receive any such term, right, benefit or waiver so offered.
Most Favored Customer Contractor shall, within thirty (30) days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreements or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.
Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.
Most Favored Lender (a) The Company shall deliver a true and complete copy of the Bank Amendment within 10 Business Days following the execution thereof. If as of, or at any time after, the date of this Agreement, the Bank Amendment (i) contains, or amends or modifies the Bank Credit Agreement to add, any Financial Covenant or any other Relevant Provision that is not contained in the Bank Credit Agreement as of the date of this Agreement (but, in the case of any Relevant Provision other than a Financial Covenant, only to the extent it would be customary to include such Relevant Provision in a market note purchase agreement entered into by a company (that is substantially similar to the Company) in connection with an institutional private placement financing transaction providing for the issuance and sale of debt securities that is entered into subsequent to the date of the primary bank credit agreement of such company that contains such Relevant Provision), or (ii) amends or modifies any Financial Covenant or other Relevant Provision in the Bank Credit Agreement, an analogous Financial Covenant or other Relevant Provision of which is also contained in this Agreement, in a manner which would result in such Financial Covenant or Relevant Provision in the Bank Credit Agreement being more beneficial to the Bank Lenders in any material respect (or, in the case of any Financial Covenant or Event of Default, in any respect) than the analogous Relevant Provision set forth in this Agreement is to the holders of the Notes (any such Financial Covenant or other Relevant Provision described in clause (i) or (ii), a “More Favorable Provision”), then the Parent or the Company shall provide a Most Favored Lender Notice in respect of such More Favorable Provision, together with the Bank Amendment. Thereupon, unless waived in writing by the Required Holders within 15 days after each holder’s receipt of such notice, such More Favorable Provision shall be deemed automatically incorporated into this Agreement, mutatis mutandis, as if set forth in full herein, effective as of the date when such More Favorable Provision shall have become effective under the Bank Amendment. Thereafter, upon the request of any holder of a Note, the Parent and the Company shall (at the Company’s sole cost and expense) enter into any additional agreement or amendment to this Agreement requested by such holder evidencing any of the foregoing. Notwithstanding anything to the contrary in the foregoing, in the event that the Company reasonably determines in good faith that the Bank Amendment does not contain or otherwise provide for any More Favorable Provision, then it shall not be required to provide a Most Favored Lender Notice in connection with its delivery of the Bank Amendment to the holders of the Notes; provided, however, that the Required Holders may, within 90 days following their receipt of the Bank Amendment, provide a written notice to the Parent or the Company if they reasonably determine that the Bank Amendment contains a More Favorable Provision, which notice shall specify such More Favorable Provision and that such More Favorable Provision shall constitute an Incorporated Provision, whereupon such More Favorable Provision shall be deemed automatically incorporated into, and constitute an Incorporated Provision under, this Agreement in accordance with the terms of this Section 9.12.
Country [insert country where ITT is issued]
