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.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Gossamer Bio, Inc.), Investors’ Rights Agreement (Gossamer Bio, Inc.), Rights Agreement
