Most Favored Terms. Blackhawk Biofuels represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the provisions offered to any other person or entity is or will be more favorable to such person or entity than those offered under this Agreement, and, if they are or become more favorable to any other person or entity during the term of this Agreement or any continuation or extension thereof, Blackhawk Biofuels shall give written notice thereof to REG Marketing, and REG Marketing shall have the option (which option must be exercised by written notice to Blackhawk Biofuels with ten (10) business days after notice thereof) to amend this Agreement to include any such more favorable terms. If such option is exercised, Blackhawk Biofuels and REG Marketing shall execute an appropriate written amendment to this Agreement.
Most Favored Terms. The Company has not entered into and will not enter into any Investor Agreement, or amend any Investor Agreement, with any Other Investor so that such other Investor Agreement is in any respect more favorable to the Other Investor that is a party to such Investor Agreement than this Agreement is to the Investors, including with respect to the Per Share Price, or that gives any Other Investor or group of affiliated Other Investors the right to purchase more shares of Common Stock than the total number of shares to be purchased by all the Investors, unless the Company modifies this Agreement so that it provides the Investors with the same rights and benefits that are provided to the Other Investor under the Investor Agreement to which it is a party (or the Company offers to modify this Agreement in that manner but the Investors refuse to agree to such modification). To the extent funds are raised via private placements, the Company shall provide the Investors with copies of any and all written documents the Company or its representatives prepare for the purposes of such private placements, including the offering memorandum, and shall cooperate with the Investors to incorporate the Investors’ reasonable comments provided on a timely basis regarding any such documents that are finalized after the date of the Original Agreement prior to furnishing such documents to the participants in such private placements.
Most Favored Terms. (a) Upon the request of Company, Contractor shall provide to Company with such information as Company may reasonably request in order to confirm the Most Favored Terms; provided, that (i) Contractor may require that Company enter into a confidentiality agreement, in a form reasonably satisfactory to Contractor, as a condition to providing such information; (ii) Contractor shall not be required to provide any information to the extent Contractor is restricted from doing so by any applicable law or any confidentiality obligations to Third Parties; and (iii) the information provided shall be limited to only that information that is necessary to determine Most Favored Terms.
(b) Company agrees that Contractor’s pricing under the Most Favored Terms (i) is based on the scope of Work and (ii) will be based on pricing that takes into account the kind and amount of work provided by Contractor to its Third Party customers. At any time during the Term, with respect to Work provided by Contractor to Company on the Most Favored Terms, if Contractor enters into any agreement with any Third Party customer that provides for benefits or terms more favorable than those contained in this Agreement for similar services, under similar contract terms and using similar equipment, this Agreement shall be deemed to be modified to provide Company with such more favorable benefits and terms.
Most Favored Terms. As long as any Notes remain outstanding, no term or condition in any Convertible Securities and/or Options issued by the Company or any of its Subsidiaries to any Person after the Subscription Date and/or any agreement to acquire Common Stock, Convertible Securities and/or Options or other securities entered into by the Company or any of its Subsidiaries with any Person after the Subscription Date or any other related document or agreement with respect thereto (each, a “Subsequent Document”) shall, directly or indirectly, be more favorable to such Person than the terms and conditions in this Note and any related Transaction Document. If, and whenever on or after the date hereof, the Company enters into a Subsequent Document, then (i) the Company shall provide notice thereof to the Holder immediately following the occurrence thereof and (ii) in addition to any other remedies of the Holder in law or equity, the terms and conditions of this Note and any related Transaction Document shall be, without any further action by the Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Subsequent Document, provided that upon written notice to the Company at any time the Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Note and any related Transaction Document shall 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 Section 14(p) shall apply similarly and equally to each Subsequent Document. This Section 14(p) shall not apply in respect of an Exempt Issuance (as defined in the Purchase Agreement) and shall not apply to the issuance of shares of Common Stock in an “at the market” offering with a bona fide broker-dealer up to a maximum aggregate offering amount of $20,000,000, provided that the Company’s agreements in connection with such “at the market” offering shall not conflict with any provision of the Transaction Documents.
Most Favored Terms. 15.1 If, after the Effective Date hereof, OBC grants to any third party, a license under Licensed Patents of the same or similar scope as the license herein granted to make and sell Licensed Consumer Hydride Batteries at royalty rates more favorable to such licensee than those set forth herein, OBC shall give written notice to SHENZHEN HIGH POWER to that effect and such more favorable royalty rates shall apply to SHENZHEN HIGH POWER hereunder effective as of the date of such grant to such other party.
Most Favored Terms. Until such time as an aggregate amount of US$ 15,000,000 has been invested in the Company (excluding the Excluded Capital), in the event that any person or entity is issued any type of security including, but not limited to, any type of debt, warrant or equity securities of the Company under terms more favorable than those set forth in this Agreement, the Convertible Debenture or the Warrant (collectively, the “Issued Securities”), then, at the option of the Purchaser, the Issued Securities shall be construed as containing the more favorable terms afforded to such third party, as though such terms were previously provided herein retroactively from the Closing Date. In the event that the Company issues convertible debentures which are publicly traded, the Purchaser shall have the right to replace the Convertible Debenture with such publicly traded convertible debentures in an amount equal to the outstanding Loan Amount at such time, the Convertible Debenture shall be cancelled and the provisions of the publicly traded debentures shall apply. For example, if the Company issues shares of the Company with a higher purchase price per share but with liquidation preferences rights and/or anti-dilution rights that are superior to the rights of the Purchased Shares, the Purchased Shares shall be deemed to include such superior liquidation preference and/or anti-dilution rights while all other terms of the Purchased Shares will remain unchanged and in effect. The Company shall immediately (subject to applicable law) notify the Purchaser in writing on the terms of any issuance of equity of the Company. In the event that any person or entity is granted by the Company registration rights (including, but not limited to, preferences in underwriter’s cutbacks) under terms more favorable than Purchaser’s rights then in effect, such favorable rights shall be deemed to have been granted to Purchaser as of the Closing Dates.
Most Favored Terms. The Buyer has not entered into, and will not enter into, without the prior consent of Seller prior to the consummation of the transactions contemplated by the Acquisition Agreement any agreement with any other investor or prospective investor in the Buyer (each, a “Third-Party Investor”) that has the direct or indirect effect of establishing terms, rights, or benefits for such Third-Party Investor (or any affiliate or associate thereof) in a manner more favorable to such Third- Party Investor than the terms, rights, and benefits established in favor of the Seller, including among other things, the Purchase Price Per Share and the lockup provisions and registration rights applicable to the Founder Shares.
Most Favored Terms. In the event the Company enters into an agreement with any other party relating to the future purchase of Forward Purchase Securities by such party on terms that are more favorable to such other party than those set forth herein, the Company will promptly provide the Purchaser with written notice thereof, together with a copy of all documentation including such more favorable terms and such additional information related thereto as may be reasonably requested by the Purchaser. In the event the Purchaser determines, in its sole discretion, that the applicable terms are preferable to those set forth herein, the Purchaser will, within seven (7) Business Days after receiving such written notification from the Company, notify the Company in writing of the same. Promptly after receipt of such written notice from the Purchaser, the Company and the Purchaser shall amend this Agreement to incorporate such preferable terms. [Signature Page Follows]
Most Favored Terms. Company shall be entitled to receive the most favorable terms which the University extends to any other Industrial Member participating in the specific MRC program (i.e. the GMP or one of the SMPs).
Most Favored Terms. The Note is intended to be one of a series of convertible promissory notes of like tenor to be issued by the Company prior to March 31, 2008 in an aggregate principal amount not to exceed $1.5 million (collectively, the “Bridge Notes”). If any subsequent purchaser of a Bridge Note receives terms for such note or the related warrant (including the percentage of warrant coverage) that are superior to those contained in the Note and the Warrant, then the Company shall amend the Note or Warrant, as applicable, to provide purchaser with the same terms.
