2012 Offering Sample Clauses

2012 Offering. Notwithstanding any provision of this Agreement or any Transaction Document that could or may be construed to the contrary, nothing in this Agreement or any Transaction Document shall in any manner whatsoever (i) modify, limit, or supersede any provision of any agreement entered into or any right of the purchasers in the 2012 Offering or obligation of the Company relating to or arising from the 2012 Offering or (ii) require or allow for any payment or issuance to be made in connection with the offering contemplated hereby (including the Warrants) unless a payment or issuance obligation is triggered and made in connection with the 2012 Offering Documentation (including the 2012 Warrants) such that if any event triggers a payment under a Transaction Document (including the Warrants), such event shall also be deemed to trigger a payment under the 2012 Offering Documentation (including the 2012 Warrants).