Common use of Strategic Investor Exception Clause in Contracts

Strategic Investor Exception. Notwithstanding Sections 10.1 and 10.2, in the event the Company proposes to issue Equity Securities (other than those excluded under Section 10.5) to a Strategic Investor primarily for the purpose of establishing a business relationship that would benefit the growth or profitability of the Company's business (as contrasted with obtaining capital as a primary purpose), then rather than have the right to purchase all of such Equity Securities Investor's right shall be limited to purchasing such portion of such Equity Securities to be issued that will enable Investor to maintain, after giving effect to the full issuance of such Equity Securities, its fully-diluted Common Stock ownership percentage interest of the Company determined immediately prior to giving effect to the issuance of such Equity Securities. "Strategic Investor" means a Person whose primary activity is other than investing in securities or business enterprises and that the Board has concluded, reasonably and in good faith, would be likely as a result of its business activities to provide opportunities for the Company to increase its revenues and profitability substantially.

Strategic Investor Exception. Notwithstanding Sections 10.1 and 10.2, in the event the Company proposes to issue Equity Securities (other than those excluded under Section 10.5) to a Strategic Investor primarily for the purpose of establishing a business relationship that would benefit the growth or profitability of the Company's business (as contrasted with obtaining capital as a primary purpose), then rather than have the right to purchase all of such Equity Securities Investor's right the Series B Investors' rights shall be limited to purchasing such portion of such Equity Securities to be issued that will enable Investor the Series B Investors to maintain, after giving effect to the full issuance of such Equity Securities, its their fully-diluted Common Stock ownership percentage interest of the Company determined immediately prior to giving effect to the issuance of such Equity Securities. "Strategic Investor" means a Person whose primary activity is other than investing in securities or business enterprises and that the Board has concluded, reasonably and in good faith, would be likely as a result of its business activities to provide opportunities for the Company to increase its revenues and profitability substantially.

Strategic Investor Exception. Notwithstanding Sections 10.1 and 10.2, in the event the Company proposes to issue Equity Securities (other than those excluded under Section 10.5) to a Strategic Investor primarily for the purpose of establishing a business relationship that would benefit the growth or profitability of the Company's business (as contrasted with obtaining capital as a primary purpose), then rather than have the right to purchase all the Series C Investors' pro rata share of such the Equity Securities Investor's right Securities, the Series C Investors' rights shall be limited to purchasing such portion of such Equity Securities to be issued that will enable each Series C Investor to maintain, after giving effect to the full issuance of such Equity Securities, its fully-diluted Common Stock ownership percentage interest of the Company determined immediately prior to giving effect to the issuance of such Equity Securities. "Strategic Investor" means a Person whose primary activity is other than investing in securities or business enterprises and that the Board has concluded, reasonably and in good faith, would be likely as a result of its business activities to provide opportunities for the Company to increase its revenues and profitability substantially.