Common use of Additional Private Placement Clause in Contracts

Additional Private Placement. Following the entry by the parties into this Agreement, the Company shall conduct a private placement of the Series A Preferred Stock (the “Additional Private Placement”), and will use commercially reasonable efforts to obtain binding commitments from third parties for the purchase of not more than Thirty Eight Million Six Hundred Thousand Dollars ($38,600,000) in Series A Preferred Stock in such private placement; provided that such Additional Private Placement shall not be on terms more favorable to any such Third Party Purchaser than the terms provided to the Investors under this Agreement.

Additional Private Placement. Following the entry by the parties into this Agreement, the Company shall conduct a private placement of the Series A Preferred Stock (the “Additional Private Placement”), and will use commercially reasonable efforts to obtain binding commitments from investors (which may include the Investors, the Other Existing Investors or third parties parties) for the purchase of not more than Thirty Eight Million Six Hundred Thousand One Hundred Dollars ($38,600,00038,600,100) in Series A Preferred Stock in such private placement; provided that such Additional Private Placement shall not be on terms more favorable to any such Third Party Purchaser investor than the terms provided to the Investors under this Agreement.”