Preferential Terms Sample Clauses

Preferential Terms. 1. If a matter is governed both by this Agreement and by any other international agreement to which the two Contracting Parties have adhered or otherwise regulated by general international law, the Contracting Parties and their investors will benefit from more favorable provisions in their case. 2. This Agreement does not in any way affect the most favorable terms concluded between one of the Contracting Parties and the investors of the other Contracting Party.
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Preferential Terms. If other shareholders of the Company (including but not limited to shareholders under existing financing arrangements and any shareholders who joined the Company after this Capital Increase) have been entitled to more preferential rights or have been offered more preferential conditions than the Investor in this Round and/or the Investors in Previous Rounds, the Investor in this Round and the Investors in Previous Rounds shall also be entitled to such preferential rights or conditions. However, if this Agreement expressly provides otherwise for the specific rights or conditions of each investor, such provisions hereof shall prevail. Shareholder Agreement of Zhibao Technology (Shanghai) Co., Ltd.
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Preferential Terms. (a) In the event the Existing Credit Agreement or any of the Loan Documents (as therein defined) are amended, modified, recast or refinanced after the Closing Date, and the effect thereof is to (x) remove any representation, warranty, covenant and/or definition therefrom, (y) amend or modify any representation, warranty, covenant and/or definition (i) Borrower shall promptly notify Administrative Agent thereof with a copy of the relevant facility documents and/or amendment or modification documents containing such Modified Terms, (ii) Borrower and/or Camden Trust, as applicable, shall comply with such Modified Terms for the benefit of Administrative Agent and the Lenders hereunder as though such Modified Terms were set forth herein in their entirety, (iii) in the case of any Modified Terms are new or amended financial covenants of Camden Trust, Camden Trust shall thereafter incorporate such financial covenants (and the calculations thereof) into its Compliance Certificate(s) to be delivered hereunder and (iv) Borrower, Guarantor, Administrative Agent and each Lender shall promptly execute such amendments or modifications to this Agreement and the other Loan Documents as may be reasonably necessary, in the reasonable opinion of counsel to Administrative Agent, to incorporate such Modified Terms into this Agreement and the other Loan Documents. (b) Neither Borrower nor Camden Trust shall cause or permit the indebtedness evidenced or governed by the Existing Credit Agreement or any of the Loan Documents (as therein defined) to be secured by a lien, security interest or other credit enhancement of any kind or nature (“Liens and Credit Enhancements”) unless contemporaneously therewith, Borrower and Camden Trust shall cause the Obligations to be secured and/or credit enhanced by identical Liens and Credit Enhancements, equally, ratably and on a pari passu basis with the indebtedness evidenced or governed by the Existing Credit Agreement or any of the Loan Documents (as therein defined), all pursuant to documentation (including intercreditor agreement(s)) in form and substance satisfactory to the Administrative Agent.
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Preferential Terms. The Disclosure Letter contains details of all material discounts, over-riders, rebates, allowances and other preferential terms of any nature available to the Company from its suppliers or offered by the Company to its customers.
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Preferential Terms a) Part B shall not demand additional franchise fee for each new schools if both parties establish such school. b) If party B wishes to establish new investment opportunity, party A has the right of first refusal. Party A will have its representative to survey the operating location, and, after the agreement of the Board of Directors on such investment, fundraising may commence with the shareholders. If Party A wishes not to participate in such investment, Party B may seek other parties for fund raise. c) If Party B is in an agreement with another company to establish a joint-venture company, Party B shall have more than 25% of technology shares without any cash investment. d) If any members in Party A have investment in another Kid Castle franchise, such member shall receive a 20% franchise fee discount from Party B. e) If Party B shall have any fundraising opportunities, Party A shall have the right of first refusal or discount price.
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Preferential Terms. The Disclosure Letter contains details of all discounts, over-riders, rebates, allowances and other preferential terms of any nature available to the Company from its suppliers or offered by the Company to its customers.
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Related to Preferential Terms

  • Preferential Rights SM Energy shall, within 10 days after the Execution Date, send to each holder of a Preferential Right a notice requesting the election or waiver by each such holder of its applicable Preferential Right, in each case in compliance with the contractual provisions applicable to such Preferential Right, requesting a waiver of such right. Any Preferential Right must be exercised subject to all terms and conditions set forth in this Agreement, including the successful closing of this Agreement pursuant to Article XI. The consideration payable under this Agreement for any particular Asset for purposes of Preferential Right notices shall be the Allocated Value of such Asset. (i) All Assets burdened by Preferential Rights for which (A) the applicable Preferential Right has been waived, or (B) the period to exercise such Preferential Right has expired prior to the Closing without the applicable holder of such Preferential Right electing to enforce its Preferential Right, shall, in each case, be assigned to Buyer at the Closing pursuant to the provisions of this Agreement. (ii) If, prior to the Closing (A) any holder of a Preferential Right notifies SM Energy that it intends to consummate the purchase of the portion of the Assets to which its Preferential Right applies or (B) the time for exercising a Preferential Right has not expired and the holder of such Preferential Right has not waived such Preferential Right, then, in each case, such portion of the Assets affected by such Preferential Right shall be excluded from the Assets to be conveyed to Buyer at Closing and the Purchase Price shall be reduced by the Allocated Value of such excluded portion of the Assets. SM Energy shall be entitled to all proceeds paid by a Person exercising a Preferential Right prior to the Closing. If, after Closing (1) such holder of such Preferential Right thereafter fails to consummate the purchase of the portion of the Assets covered by such Preferential Right or (2) the time for exercising such Preferential Right expires without exercise by the holder thereof, then SM Energy shall (x) so notify Buyer and (y) on or before 10 days following delivery of such notice, assign such portion of the Assets to Buyer pursuant to an assignment in substantially the form of the Assignment and the Purchase Price shall be increased by an amount equal to the Allocated Value of the such portion of the Assets.

  • No Preferential Rights (i) No person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Stock or upon the exercise of options that may be granted from time to time under the Company’s stock option plan), (ii) no Person has any preemptive rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Stock or shares of any other capital stock or other securities of the Company from the Company which have not been duly waived with respect to the offering contemplated hereby, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Stock, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act any Common Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Placement Shares as contemplated thereby or otherwise, except in each case for such rights as have been waived on or prior to the date hereof.

  • Special Terms Terms defined in this Schedule 1 shall have the same meanings when used throughout this Agreement. In the event of any conflict between the terms set out in the various Schedules, the Schedules shall prevail in the order in which they appear in the Agreement. For the purposes of the provision of the Services and any Goods, the terms of this Agreement shall prevail over any other terms and conditions issued by the British Council (whether on a purchase order or otherwise).

  • ESSENTIAL TERMS The Contractor acknowledges and agrees that each of the provisions in Articles 30 to 36 hereof constitutes an essential term of the Contract and that any breach of any of these provisions shall entitle UNDP to terminate the Contract or any other contract with UNDP immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind. In addition, nothing herein shall limit the right of UNDP to refer any alleged breach of the said essential terms to the relevant national authorities for appropriate legal action.

  • Denial of Preferential Tariff Treatment Except as otherwise provided in this Chapter, the importing Party may deny a claim for preferential tariff treatment or recover unpaid duties, where the good does not meet the requirements under this Chapter or Chapter Three (Rules of Origin).

  • License Terms This license is for one full Semester. It cannot be cancelled or terminated except under the conditions cited in this license.

  • Third Party Terms Subject to the actual language agreed to in the Order by the Contracting Officer. Any third party manufacturer will be brought into the negotiation, or the components acquired separately under Federally-compatible agreements, if any. Contractor indemnities do not constitute effective migration.

  • Commercial Terms Seller: PACIFIC GAS AND ELECTRIC COMPANY, limited for all purposes hereunder to its electric procurement and electric fuels functions Buyer: [Buyer to insert its full name here in all caps] Product: The Product shall consist of Electric Energy and associated Green Attributes from the Project, as further described and subject to the provisions herein.

  • Common Terms In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 10 (Non-Petition and Limited Recourse) of the Common Terms.

  • Extended Terms Tenant shall have the right to extend the Term for up to five (5) consecutive renewal terms of ten (10) years each (each, an “Extended Term”), provided that (unless Landlord shall elect in its sole discretion to waive any such condition), at the time Tenant exercises a right to extend the Term, (a) no Event of Default shall have occurred and be continuing and (b) on the date of the exercise of the extension option and on the first day of each such Extended Term, there shall be a Guaranty in favor of Landlord from a Qualifying Guarantor which shall either meet the standard in clause (a) or (c) of the definition of Qualifying Guarantor or shall provide Landlord with the audited financial statement described in the last paragraph of the definition of Qualifying Guarantor to establish that it meets the criteria in clause (b) thereof to be a Qualifying Guarantor, even if such Entity is a BP Affiliate. All of the terms, covenants and provisions of this Agreement shall apply to each Extended Term (including, but without limitation, the two percent annual Minimum Rent increases provided in the definition of Minimum Rent), except that Tenant shall have no right to extend the Term beyond the expiration of the fifth Extended Term. If Tenant shall elect to exercise its option to extend the Term for any Extended Term, it shall do so by giving Landlord Notice thereof not later than eighteen (18) months prior to the commencement of the applicable Extended Term, it being understood and agreed that time shall be of the essence with respect to the giving of any such Notice. If Tenant shall fail to give any such Notice, this Agreement shall automatically terminate at the end of the Fixed Term or the applicable Extended Term, and Tenant shall have no further option to extend the Term of this Agreement. If Tenant shall give such Notice, the extension of this Agreement shall be automatically effected without the execution of any additional documents; it being understood and agreed, however, that Tenant and Landlord shall execute such documents and agreements as either party shall reasonably require to evidence the same.