Side Agreement. If the Company provides any other existing or prospective stockholder of the Company other than Xxxxxxxxx any rights, privileges, preferences or other terms that are more favorable than, or in addition to, the rights, privileges, preferences or terms herein or in the other Transaction Agreements (as defined in the Purchase Agreement) or Certificate of Incorporation, the Company shall promptly, and in any event within three (3) business days, disclose such rights, privileges, preferences or terms to Xxxxxxxxx, and, if so requested by Xxxxxxxxx, provide any such rights, privileges, preferences or terms to Xxxxxxxxx; provided that the foregoing provisions of this Subsection 5.11 shall not apply to rights, privileges, preferences or terms granted to purchasers of any additional class or series of capital stock of the Company that is senior to, and has an Original Issue Price (as defined in the Certificate of Incorporation) higher than that of, the Series B Preferred Stock.
Side Agreement. The Side Agreement by and between the Company and such Purchaser shall have been executed and delivered by such Initial Purchaser.
Side Agreement. In recognition of the service provided to the CAMPUS and to reduce the potential for accidents as a result of an employee having insufficient rest time before beginning his next regularly scheduled shift, the CAMPUS and the UNION have agreed to include Fatigue Time in the labor agreement between the parties. The parties further recognize the Fatigue time pilot program has proven beneficial to both the CAMPUS and the UNION. The elements of Fatigue Time are as follows:
Side Agreement. In the event the Employer opens or acquires a conventional retail store similar to existing stores covered by this Agreement, the Employer will allow a representative of the Union access to the employee break room to talk with the employees during the non-work time of the employees. The Union representative will not interfere with the performance of employees on duty.
Side Agreement. The Parties acknowledge that they are parties to the Side Agreement and agree that upon execution of this Agreement, the Side Agreement shall terminate and cease to be of legal and binding effect upon the Parties.
Side Agreement. The Side Agreement shall have been executed and -------------- delivered by all of the parties thereto.
Side Agreement. Bar-Ilan shall have executed and delivered the -------------- Side Agreement in substantially the form attached as Exhibit 5 hereto.
Side Agreement. Concurrent with the execution of this Agreement, the Parties have entered into that certain side letter (the “Side Agreement”), substantially in the form attached hereto as Exhibit 5.12, providing for, inter alia, the respective rights and obligations of the Parties in connection with the smart pig inspection of the 10” Lines and the 12” Lines. oviding for, inter alia, the respective rights and obligations of the Parties in connection with the smart pig inspection of the 10” Lines and the 12” Lines.
Side Agreement. PriceLine Travel and Xxx Xxxxxx (the "Side Parties") shall have executed a side agreement (the "Side Agreement") pursuant to which:
(a) The Side Parties shall agree to cause PriceLine Travel to become a wholly-owned subsidiary of the Company by the earlier to occur of (such date, the "Subsidiary Date"): (i) December 31, 1998, and (ii) the effective date of the Initial Public Offering;
(b) PriceLine Travel shall agree not to issue any equity securities or securities convertible into equity securities to any Person on or before the Subsidiary Date;
(c) Xxx Xxxxxx shall xxxxx a call option (the "PriceLine Travel Option") to each of the Purchasers, such option to be exercisable at any time prior to the Subsidiary Date, to purchase all of Xxx Xxxxxx'x interests in PriceLine Travel; and
(d) Xxx Xxxxxx shall agree not to transfer any of his interests in PriceLine Travel prior to the Subsidiary Date.
Side Agreement. (Filed as Exhibit 10.11 to the Registrant’s Registration Statement on Form S-1, No. 333-128827, filed on October 5, 2005)
