Examples of Buyer Competitor in a sentence
No competitor of the Buyers, as reasonably determined by each of the Buyers in its sole discretion (a “Buyer Competitor”), shall be permitted to purchase Units in the Series D Financing without the prior written consent of each Buyer; provided, however, that none of UBS, Bonds MX, Xxxxxx Xxxxx, GFI Group Inc., Jefferies, Oak or Deutsche Bank shall be deemed to be a Buyer Competitor.
The Company has not breached any contract between the Company, on the one hand, and any Buyer Competitor Party, on the other hand.
Until the earlier of (i) the two year anniversary of the Closing Date and (ii) the date that a Buyer no longer holds Series D Preferred or at least 25% of the Common Stock received by such Buyer upon conversion of the Series D Preferred, the Company shall not market or sell any equity or debt of the Company to a Buyer Competitor, without the prior consent of such Buyer.
Notwithstanding Section 11.1, Seller may assign any of its rights to receive payments hereunder without the prior consent of Xxxxx provided that such assignee is not a Prohibited Person or Buyer Competitor.
Seller may assign this Supply Agreement, subject to Buyer’s express prior written consent (not to be unreasonably withheld), to (x) one or more of its Affiliates or (y) any entity that acquires all or substantially all of the assets (whether such sale is structured as a sale of stock, a sale of assets, a merger or otherwise) of Seller unless the assignee is a direct or indirect Buyer Competitor, in which case such consent shall be subject to Buyer’s sole discretion.