Most Favored Investor. The Company hereby acknowledges that it has not granted or made and will not grant or make available to any existing or future holders of equity interest, any rights, privileges, protections, waivers, exemptions, consents, terms or conditions that are more favorable than those granted or made available to the Investors under the Transaction Documents in any respect. Without prejudice to the foregoing, if the Company grants or makes available to, whether prior to, on or after the date hereof, any other existing or future holders of equity interest, any rights, privileges, protections, waivers, exemptions, consents, terms or conditions more favorable than those granted or made available to the Investors under the Transaction Documents, then each Investor shall be automatically entitled to such more favorable rights, privileges, protections, waivers, exemptions, consents, terms or conditions, as applicable, and shall have the right to require the Company to amend and restate the applicable Transaction Documents to reflect such more favorable rights, privileges, protections, waivers, exemptions, consents, terms or conditions, as applicable.
Most Favored Investor. (a) If any Note Party incurs any indebtedness or issues debt instruments, including convertible debt securities or equity-linked debt securities, with terms more favorable to the investors than those set forth in the Notes, including Warrant Coverage, (including, without limitation, a valuation cap and/or discount) prior to conversion, redemption or repayment of the initial Notes and the Additional Notes, the Company shall promptly provide the Initial Investor with written notice thereof, together with a copy of such subsequent security and a description of the terms of such indebtedness or securities (the “MFI Notice”). In the event the Initial Investor determines that the terms of such subsequent security or indebtedness are preferable to the terms of Initial Notes or the Additional Notes or the Warrants (including Warrant Coverage), the Initial Investor shall notify the Company in writing within fifteen (15) days of the receipt of the MFI Notice to the extent the Initial Investor elects to receive the benefit of any such provisions. Promptly after receipt of such written notice from the Initial Investor, the Company agrees to amend the Notes, the Additional Notes and/or the Warrants and/or issue additional Warrants (as contemplated by the definition of “Warrant Coverage”), as applicable, to include the terms set forth in the MFI Notice. For the avoidance of doubt, this Section 2.18 shall not apply with respect to the issuance of warrants on a standalone basis or other than in connection with debt financings by the Company while any Notes are outstanding, and in particular will not include a repricing of the exercise price of the Warrants based on the exercise price of newly issued warrants in such a financing.
Most Favored Investor. In the event the Company hereafter grants any other Shareholders any rights, privileges or protections more favorable than those granted to the Investors, each Investor shall, at its option, be entitled to the same rights, privileges or protections pari passu with such Shareholders. Notwithstanding the foregoing, the aforesaid adjustment shall not apply to the rights with respect to corporate governance, liquidation, redemption or dividend distribution amongst different classes of Preferred Shares in connection with any other future bona fide equity financing of the Company.
Most Favored Investor. The Company and the Promoter shall not provide any Person with rights in relation to the Company and/or its Subsidiary(ies) which are more favourable than those provided to the CC Shareholders/ SCI or issue any Investment Securities on terms more favourable than those offered to the CC Shareholders/ SCI, unless waived by the CC Shareholders/ SCI.
Most Favored Investor. In the event the Company hereafter grants any other investors or shareholders any rights, privileges or protections more favorable than those granted to Jing Dong, Jing Dong shall, at its option, be entitled to the same rights, privileges or protections pari passu with the other investors or shareholders, except for (i) ranking of the Equity Securities of the Company issued in a bona fide equity financing with a pre-money valuation which values each Ordinary Share (on a fully diluted and as-converted basis) higher than the then effective Series E Conversion Price prior to the Preferred Shares held by Jing Dong with respect to dividends, payment of redemption price and distribution of liquidation proceeds; (ii) the non-competition covenants of XX.xxx, Inc. and its Controlled Affiliates in the BCA Implementary Agreement; and (iii) the more favorable rights, privileges or protections that have been granted to the other investors or shareholders under this Agreement and Memorandum and Articles.
Most Favored Investor. In the event the Company hereafter grants any preferential rights, privileges or other protections to any Holder prior to or in connection with the closing of the Series Mezzanine 2 Preferred Stock (including, without limitation, any Future Purchasers) that are more favorable than those rights, privileges and protection granted to and held by LAV under the Transaction Documents and Amended and Restated Certificate of Incorporation of the Company, the Company shall offer LAV, so long as LAV continues to hold any shares of Series Mezzanine Preferred Stock the same rights, privileges and protections as such Holder.
