ROFO FINANCING TRANSACTION definition

ROFO FINANCING TRANSACTION means any financing transaction involving the issuance of equity or equity-linked securities of the Company, or securities or rights convertible into or exercisable or exchangeable for such securities; provided that the definition of ROFO Financing Transaction shall not include mergers and other strategic transactions the primary purpose of which is not to raise capital or transactions presently under consideration by the Company and disclosed in writing by the Company to the Purchaser on the Tranche 1 Closing Date.