More Favorable Agreement. None of Parent Guarantor, Guarantor or Seller has entered into a More Favorable Agreement.
More Favorable Agreement. If Guarantor or any of Guarantor’s Subsidiaries has entered into, or shall enter into or amend a commercial real estate repurchase agreement, warehouse facility or other similar commercial real estate lending transaction with any other repurchase buyer or lender which by its terms provides more favorable financial covenants (including related definitions) than those noted above (a “More Favorable Agreement”) then the financial covenants noted above shall be deemed to be automatically modified to such more favorable terms as of the effective date of such More Favorable Agreement and, upon execution of such More Favorable Agreement, Guarantor shall give prompt notice in reasonable detail to Buyer of such more favorable terms. Following such notice and upon Xxxxx’s request, Guarantor shall enter into such amendments to this Guaranty as may reasonably be required by Buyer to give effect to such more favorable terms. If such More Favorable Agreement is subsequently amended or terminated and as a result such more favorable financial covenants are modified in favor of Guarantor or cease to apply, the then applicable financial covenants in this Guaranty shall be deemed to be automatically modified to such Guarantor-favorable terms (but not less favorable terms for Buyer than set forth herein) and, upon request of Guarantor, Buyer shall enter into such amendments to this Guaranty as may reasonably be required by Guarantor to give effect to such more favorable terms. In no event shall this clause (v) extend to (i) any credit facility or other financing arrangement entered into by Guarantor or Pledgor (and under which Guarantor or Pledgor is a borrower or issuer, as the case may be), nor (ii) any broadly syndicated commercial real estate collateralized loan obligation transaction under which Guarantor or any of Guarantor’s Subsidiaries are party, nor (iii) in the case of any transaction described in the foregoing clauses (i) or (ii), any covenants thereunder.
More Favorable Agreement. The Company covenants and agrees that it has not entered into a warrant exercise agreement with any other holder of Original Warrants (each, an “Other Holder”) for any material amendments, modifications or exchanges to the terms of such Original Warrants (or settlement or exchange of such Original Warrants for other material consideration) (each a “More Favorable Agreement”), that is more favorable to such Other Holder than those of the Holder pursuant to this Agreement. If the Company enters into a More Favorable Agreement with terms that are materially different from this Agreement (“material” shall be in the reasonable determination of the Holder), then (i) the Company shall provide written notice thereof to the Holder promptly following the occurrence thereof and (ii) the terms and conditions of this Agreement that shall be, without any further action by the Holder or the Company, automatically and retroactively to the date hereof, amended and modified in an economically and legally equivalent manner such that the Holder shall receive the benefit of such more favorable material terms and/or conditions (as the case may be) set forth in such More Favorable Agreement, provided that upon written notice to the Company within five (5) Business Days of such Company’s written notice, the Holder may elect not to accept the benefit of any such amended or modified material term or condition, in which event the material term or condition contained in this Agreement shall continue to apply to the Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Holder. The provisions of this paragraph shall apply similarly and equally to each More Favorable Agreement. The Company shall not enter into any More Favorable Agreement that would obligate the Company (after taking into consideration this Section 4.2 to issue to the Holder and the Other Holders, in the aggregate, a number of Ordinary Shares that would exceed 19.9% of the total number of Ordinary Shares issued and outstanding as of the date hereof. The Company will notify the Holder any time it enters into any agreement with any Other Holder relating to the Warrants and, at the request of the Holder, provide the Holder with such agreement for its review.
More Favorable Agreement. In the event that Xxxxx Fargo Bank, N.A. is required to change the terms of its 2010 settlement with the Attorneys General of Arizona, Florida, Georgia, Colorado, New Jersey, Washington, Texas, Illinois, and Nevada (the “AG Settlement”) because it has entered into an agreement with the Attorney General of any state in a form or on terms that the Attorneys General who are parties to the AG Settlement determine are more favorable than those contained in the AG Settlement with respect to MAP2R, and Lead Counsel determines its more favorable as well, then the Parties will prospectively amend Section VI(E) of this Agreement with respect to MAP2R to reflect any such terms or form of agreement in place of the terms set forth in Section VI(E) of this Agreement, and shall submit any such amendment to the Court for approval.
More Favorable Agreement. [No Guarantor or any of its consolidated Subsidiaries have entered into a “More Favorable Agreement” as defined in Section 14.aa. of the Repurchase Agreement.][[Guarantor][INSERT OTHER AFFILIATE] has entered into a “More Favorable Agreement” as defined in Section 7(z) of the Guaranty and, accordingly, pursuant to Section 14.aa. of the Repurchase Agreement, the terms of Section 7(z) of the Guaranty have been automatically deemed to be amended to include the terms set forth [in Section [__] of the attached agreement.][below:]] Pursuant to Section 17.b(5) of the Repurchase Agreement, set forth below is a list of all actions, notices, proceedings or investigations pending with respect to which Seller Parties have received service of process or other form of notice or, to such Seller Party’s Knowledge, threatened against it, before any court, administrative or governmental agency or other regulatory body or any rules or actions of a stock exchange or tribunal as of the date hereof (A) asserting the invalidity of any Program Agreement, (B) seeking to prevent the consummation of any of the transactions contemplated under any Program Agreement, (C) making a claim individually in an amount greater than $2,500,000 or in an aggregate amount greater than $5,000,000, (D) which requires filing with the Securities and Exchange Commission in accordance with the 1934 Act or any rules thereunder or (E) which would reasonably be expected to materially and adversely affect the validity of the Purchased Assets, Mortgage Loans, or the performance by it of its obligations under, or the validity or enforceability of any Program Agreement: [GUARANTOR TO INCLUDE LIST OR “NONE,” AS APPLICABLE] 126046648\V-4
More Favorable Agreement. Guarantor agrees that if as of the Effective Date, Guarantor has entered into, or if at any time following the Effective Date either Guarantor enters into, a repurchase agreement, warehouse facility, guaranty or similar credit facility with any Person which by its terms provides more favorable terms with respect to any of the financial covenants hereunder or any of the items covered in Section 9(h) hereof, then the terms of this Guaranty shall be deemed automatically amended to include such more favorable terms, such that such terms operate in favor of Buyer. Guarantor further agrees to execute and deliver any new agreements or amendments to this Guaranty evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the parties thereto. Promptly upon either Guarantor thereof entering into a repurchase agreement, warehouse facility, guaranty or similar credit facility or other credit facility with any Person other Buyer, Guarantor shall deliver to Buyer a true, correct and complete copy of each financial covenant contained in such repurchase agreement, loan agreement, guaranty or other financing documentation.
More Favorable Agreement. If the Company enters into a subscription agreement or similar arrangement (or any amendment thereof or waiver thereof) in respect of the Offering, including any Other Subscription Agreement, with any other person, including any Other Purchaser, that contains any provision that is more favorable to such other person than the provisions of this Agreement (a “More Favorable Agreement”), the Company shall promptly provide the Purchaser with notice thereof and a copy of such provision, and upon such notice, this Agreement shall be deemed to be amended to conform the provisions of this Agreement with such more favorable provision.
More Favorable Agreement. The Borrower shall give the Administrative Agent (i) in the case of an existing More Favorable Agreement, prompt notice of such more favorable terms, or (ii) in the case of a More Favorable Agreement that has not yet been executed, not less than five (5) Business Days’ prior to the execution thereof, notice of such more favorable terms. No later than (i) in the case of an existing More Favorable Agreement, five (5) Business Days after notice is given of the more favorable terms or (ii) in the case of a More Favorable Agreement that has not yet been executed, the date on which such more favorable terms become effective, the Loan Parties shall enter into such amendments to this Agreement and the other Loan Documents as may be required by the Administrative Agent, and reasonably approved by the Borrower, giving effect to such more favorable terms; provided, that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the Loan Parties.
