Other Investment Agreements Sample Clauses

Other Investment Agreements. (a) Following the date hereof, none of the Company or its affiliates shall (i) terminate any Other Investment Agreement, (ii) amend any Other Investment Agreement or enter into an agreement in connection with any Other Investment Agreement or (iii) enter into any additional investment agreement, stock purchase agreement or similar agreement or arrangement with any other Person for the issuance of shares of Common Stock, Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and/or Warrant pursuant to any Other Investment Agreement (any such document in the foregoing clauses (ii) or (iii), an “Investment Agreement Amendment”), in each case, without the prior consent of the Purchaser; provided that the consent of the Purchaser shall not be required in connection with any Investment Agreement Amendment that does not increase or reduce the amount of the investment by the other purchaser thereunder and that has the effect of establishing rights or otherwise benefiting any purchaser party to any Other Investment Agreement in a manner that is more favorable compared to the rights, benefits and obligations of Purchaser under this Agreement (it being understood that each Investment Agreement Amendment may differ with respect to (x) such other purchaser’s governance rights with respect to the Company (y) such other purchaser’s rights with respect to reimbursement of expenses, and (z) any provision necessary or advisable to consummate the transactions contemplated thereby arising out of or related to the identity of the other purchaser), so long as the Company agrees that the Purchaser shall also be entitled to the benefits of such provisions contained in such Investment Agreement Amendment. (b) If any Other Investment Agreement is terminated prior to the Closing or the Company, any affiliate of the Company enters into any Investment Agreement Amendment that may cause aggregate proceeds to the Company at Closing pursuant to this Agreement and the Other Investment Agreements to be less than the Aggregate Investment Amount or the Company has reasonable cause to believe that a party to any Other Investment Agreement will not fund in full their applicable investment amounts at the closing contemplated thereunder, the Company shall use its best efforts to enter into additional investment agreements or Investment Agreement Amendments that provide for proceeds to the Company in an amount, together with the Investment Amount and the proceeds from the Ot...
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Other Investment Agreements. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof and until the Closing that none of the terms agreed to with any person relating to the purchase of shares of Common Stock in the offering (or any amendment thereof) (an “Investment Document”), is or will be more favorable to such person than those of the Purchaser and this Agreement. If, and whenever on or after the date hereof and until the Closing, the Company enters into an Investment Document with terms that are more favorable than those included in this Agreement, then (i) the Company shall provide written notice thereof to the Purchasers promptly following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by any Purchaser or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Purchasers shall receive the benefit of the more favorable terms set forth in such Investment Document. Notwithstanding the foregoing, the Company agrees, at its expense, to take such other actions (such as entering into amendments to this Agreement) as a Purchaser may reasonably request to further effectuate the foregoing. The provisions of this paragraph shall apply similarly and equally to each Investment Document.
Sample 1
Other Investment Agreements. The Board shall have the authority to enter into agreements with other investment advisors for investment in investments permitted by applicable law.
Sample 1

Related to Other Investment Agreements

  • Other Investments Other than equity securities held in the ordinary course of business for cash management purposes, the Company does not own or hold the right to acquire any equity securities, ownership interests or voting interests (including voting debt) of, or securities exchangeable or exercisable therefor, or investments in, any other Person.

  • Investment Agreement AUGUST.2017 12

  • Acquisition Agreements If the Equipment is subject to any Acquisition Agreement, Lessee, as part of this lease, transfers and assigns to Lessor all of its rights, but none of its obligations (except for Lessee's obligation to pay for the Equipment conditioned upon Lessee's acceptance in accordance with Paragraph 6), in and to the Acquisition Agreement, including but not limited to the right to take title to the Equipment. Lessee shall indemnify and hold Lessor harmless in accordance with Paragraph 19 from any liability resulting from any Acquisition Agreement as well as liabilities resulting from any Acquisition Agreement Lessor is required to enter into on behalf of Lessee or with Lessee for purposes of this lease.

  • Other Investors As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” hereto) in order to purchase Shares in the Offering.

  • TRANSACTIONS WITH OTHER INVESTMENT ADVISERS The Advisor is not an affiliated person of any investment adviser responsible for providing advice with respect to any other series of the Trust, or of any promoter, underwriter, officer, director, member of an advisory board or employee of any other series of the Trust. The Advisor shall not consult with the investment adviser of any other series of the Trust concerning transactions for the Fund or any other series of the Trust.

  • Stockholder Agreements Except as contemplated by or disclosed in the Transaction Agreements, such Founder is not a party to and has no knowledge of any agreements, written or oral, relating to the acquisition, disposition, registration under the Securities Act, or voting of the securities of the Company.

  • Previous Investments This Agreement shall also apply to investments made before its entry into force by investors of one Contracting Party in the territory of the other Contracting Party in accordance with the latter's laws and regulations.

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

  • Shareholder Agreements As a material inducement to Parent to enter into this Agreement, and simultaneously with, the execution of this Agreement, each Shareholder (as defined herein) is entering into an agreement, in the form of Annex A hereto (collectively, the "Shareholder Agreements"), pursuant to which they have agreed, among other things, to vote their shares of Company Common Stock in favor of this Agreement.

  • Distribution Agreements Subject to compliance with applicable provisions of the 1940 Act, the Board of Trustees may enter into a contract or contracts with one or more Persons to act as underwriters and/or placement agents whereby the Trust may either agree to sell Shares of the Trust, any Series or Class to the other party or parties to the contract or appoint such other party or parties its sales agent or agents for such Shares. In either case, the contract shall be on such terms and conditions as the Board of Trustees may in its discretion determine, not inconsistent with the provisions of this Section 5.12 or the By-laws; and such contract may also provide for the repurchase or sale of Shares of the Trust, any Series or Class by such other party as principal or as agent of the Trust and may provide that such other party may enter into selected dealer agreements with registered securities dealers and brokers and servicing and similar agreements with Persons who are not registered securities dealers to further the purposes of the distribution or repurchase of such Shares.

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