Common use of Most Favored Nation Provision Clause in Contracts

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the SecuritiesSeries C Preferred Stock or Warrants, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding Securities reasonably believes that any of the material 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.18 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time and for so long as no a Purchaser holds any of the SecuritiesPreferred Stock, 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.23 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.124.17.

Most Favored Nation Provision. From the date hereof until such time and for so long as no a Purchaser holds any of the SecuritiesPreferred Stock, 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.23 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12disclosure.

Most Favored Nation Provision. From the date hereof until such time and for so long as no a Purchaser holds any of the 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 promptly amend the terms of this transaction as to such Purchaser subject to such Purchaser’s approval, only so as to give such Purchaser the benefit of such more favorable terms or conditions. The Purchaser shall have the benefit of such more favorable terms regardless of, if and when the relevant Transaction Documents are so amended. This Section 4.15 4.23 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12not later than ten (10) Trading Days before such issuance or sale.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the SecuritiesDebentures or Warrants, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding Securities Debentures or Warrants 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only Purchaser’ Debenture or Warrants so as to give such Purchaser the benefit of such more favorable terms or conditionsconditions as to each such Security. This Section 4.15 4.17 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any shares of the SecuritiesPreferred Stock issued pursuant to this Agreement, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser match the benefit terms of such more other issuance (including, for the avoidance of doubt, any terms and provisions (if any) that are or may be less favorable terms or conditionsto the Purchaser). This Section 4.15 ‎4.15 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with written notice of any such issuance or sale in no later than ten (10) Business Days following the manner for disclosure completion of Subsequent Financings set forth in Section 4.12any such issuance.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the SecuritiesSeries A Preferred Stock or Warrants, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding Securities reasonably believes that any of the material 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.18 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.19 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time and for so long as no a Purchaser holds any of the 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 this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.23 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in not later than ten (10) Trading Days before such issuance or sale. This Section 4.124.23 shall not be applicable unless and until Stockholder Approval thereof has been obtained and shall not apply to a Defaulting Purchaser (or its successor or transferee).

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the Securitiesshares of Preferred Stock issued pursuant to this Agreement, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such match the terms of the Purchaser (including, for the benefit avoidance of such more doubt, any terms and provisions (if any) that are or may be less favorable terms or conditionsto the Purchaser). This Section 4.15 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with written notice of any such issuance or sale in no later than ten (10) Business Days following the manner for disclosure completion of Subsequent Financings set forth in Section 4.12any such issuance.

Most Favored Nation Provision. From the date hereof Closing Date until such time as no Purchaser holds any of the SecuritiesWarrants, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding Securities reasonably believes that any of the material 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.18 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until such time as no Purchaser holds any of the Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding 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 Trading Days after disclosure of such issuance or sale, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section 4.15 4.18 shall not apply with respect to an Exempt Issuance, and shall only apply as to price terms in respect of any rights offering, or in respect of issuances of Common Stock to vendors as otherwise permitted in Sections 4.12 and 4.13. The Company shall provide each Purchaser with notice of any such issuance or sale in the manner for disclosure of Subsequent Financings set forth in Section 4.12.