No Side Letters. Except as set forth in Schedule 4.11, there are no side letters or other writings between the Contributor and the Contributed Entity or between the Contributor and Provident which have the effect of establishing rights under, or altering or supplementing, the terms of the Member Control Agreement.
No Side Letters. Except as set forth in Schedule 4.20, there are no side letters or other writing between or among Two Harbors, Two Harbors Property and Two Harbors LLC which have the effect of establishing rights under, or altering or supplementing, the terms of Two Harbors Property’s certificate of formation, limited liability company agreement or operating agreement or similar organizational documentation.
No Side Letters. Except as set forth on Schedule 4.09, RESI has no side letters or other writing with the holders of the RESI Equity Interests which have the effect of establishing rights under, or altering or supplementing, the terms of RESI’s Organizational Documents.
No Side Letters. Licensee shall not enter into any separate agreements or side letters with End Users regarding any portion of the subject matter addressed in GDSA’s End User License Agreement. Licensee shall not expand any representations or warranties beyond those expressed in GDSA’s End User License Agreement. Licensee has no authority, and shall not make representations, to bind GDSA to an End User License Agreement. Licensee shall not change or offer to change the contractual and/or financial terms of the End User License Agreement in any manner.
No Side Letters. Neither the Company nor any Affiliates of the Company have entered into any side letter or similar agreement with any Person in connection with the issuance or transfer of securities to such Person in connection with a direct or indirect investment in the Company, including but not limited to the transfer or assignment of “founder shares” to such Person.
No Side Letters. Other than the Other Subscription Agreements, the Merger Agreement (as it may be amended from time to time), the Magnetar Convertible Notes as well as any definitive documents related to or entered into in connection with the convertible note financing contemplated by the Company’s term sheet with Magnetar, the Company has not entered into any side letter or similar agreement with any Other Subscriber or any other investor in connection with such Other Subscriber’s or investor’s direct or indirect investment in the Company through the Offering. No Other Subscription Agreement includes terms and conditions that are materially more advantageous to any such Other Subscriber than the Subscriber hereunder, and such Other Subscription Agreements have not been amended or modified in any material respect following the date of this Subscription Agreement. All Other Subscribers are purchasing the Preferred Shares for the same Per Share Price.
No Side Letters. Except as set forth in Schedule 1.19, there are no side letters or other writing between Provident or any Provident Entity and the holders of the equity interests in such Provident Entity which have the effect of establishing rights under, or altering or supplementing, the terms of such Provident Entity’s certificate of formation, member control agreement, limited liability company agreement or operating agreement or similar organizational documentation.
No Side Letters. Other than the Other Subscription Agreements, the A&R Forward Purchase Contract, and the Transaction Agreement, the Issuer has not entered into any subscription agreement, side letter or similar agreement with any Other Subscriber in connection with such Other Subscriber’s investment in the Issuer through the Offering, except for side letters required to comply with an Other Subscriber’s policies and procedures or rules and regulations applicable to the Other Subscriber. No Other Subscription Agreement includes terms and conditions that are more advantageous to any such Other Subscriber than the Subscriber hereunder and such Other Subscription Agreements have not been amended or modified in any material respect following the date of this Subscription Agreement to include such terms and conditions.
No Side Letters. Other than the Other Subscription Agreements, the Transaction Agreement, the Amended and Restated Forward Purchase Contract, dated the date hereof, between the Sponsor, the Issuer and the Company (the “Forward Purchase Contract”) and the agreements contemplated thereby, the Company has not entered into any subscription agreement, side letter or similar agreement with any Other Subscriber in connection with such Other Subscriber’s investment in the Issuer through the Offering, except for side letters required to comply with an Other Subscriber’s policies and procedures or rules and regulations applicable to the Other Subscriber. No Other Subscription Agreement includes terms and conditions that are more advantageous to any such Other Subscriber than the Subscriber hereunder (other than terms particular to the regulatory requirements of such subscriber or its affiliates or related funds and other than the Forward Purchase Contract), and such Other Subscription Agreements have not been amended or modified in any material respect following the date of this Subscription Agreement to include such terms and conditions.
No Side Letters. Other than the Transaction Documents, there is no side letter, agreement or other arrangement between any Group Company or its Affiliates, on the one hand, and any of the Company’s shareholders or their Affiliates, on the other hand, relating to the voting, issuance or disposition of any equity securities in any Group Company or any other matter contemplated by the Transaction Documents and, as of the date of this Agreement, no such side letter, agreement or arrangement is contemplated to be entered into.
