Common use of Most Favored Nation Provision Clause in Contracts

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock Equivalents. The Company shall provide the Purchasers with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.9 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.24 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalentscommon stock equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.21 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalentscommon stock equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.21 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities Securities, reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers Purchaser hereunder, upon notice to the Company by such the Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such the Purchaser only so as to give such the Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.18 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.25 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a the Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a the Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers Purchaser hereunder, upon notice to the Company by such the Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such the Purchaser only so as to give such the Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.23 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company or Mergeco issues or sells any Common Stock Member Interests, or Common Stock Member Interest Equivalents, Mergeco Common Stock, Mergeco Shares Equivalents, or if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers Purchaser hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.18 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser Buyer holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser the Buyer then holding outstanding Securities Securities, reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers Buyer hereunder, upon notice to the Company by such Purchaser the Buyer within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser the Buyer only so as to give such Purchaser the Buyer the benefit of such more favorable terms or conditions. This Section 4.22 4.j. shall not apply with respect to an Exempt Issuance or the price issuance of any such Common Stock or Common Stock EquivalentsEquivalents underlying any shares of outstanding Preferred Stock or Series F and Series G Preferred Stock or other series of Preferred Stock to be issued upon receipt of subscription proceeds as disclosed in the SEC Documents or will be timely disclosed on Form 8-K within four (4) days of the issuance of any newly authorized issuance and sale of other series of Preferred Stock. The Company shall provide the Purchasers Buyer with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 7.2 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities Securities, reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.18 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a any Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such the New Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such the New Purchaser only so as to give such the New Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.23 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalentscommon stock equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser within five (5) Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of the Transaction Documents this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.22 4.20 shall not apply with respect to an Exempt Issuance or the price of any such Common Stock or Common Stock EquivalentsIssuance. The Company shall provide the Purchasers each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.