Co-Investment Rights. Each Purchaser hereby shall have the pro rata right of first refusal (which right shall be shared with the other Purchasers, who purchase Notes in connection with the Company’s current offering or Prior Closing) to invest (in such amounts that all of such Purchasers (including the Prior Purchasers and other Purchasers who invest during the offering to which this Agreement is a part) shall so elect) in any and all future financings (“Future Financings”) of the Company for thirty-six (36) months from the date of this Agreement on the identical terms offered to other investors. The Company shall provide each Purchaser with (i) express prior written notice of a Future Financing, and (ii) all required documentation requested by the Purchaser related to any Future Financing all no later than ten (10) business days prior to the final date of the offering period (or other applicable investment period) for any such Future Financings. Such Co-Investment rights shall continue even if a Purchaser elects not to invest in one or more Future Financing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Xa, Inc.), Securities Purchase Agreement (Xa, Inc.), Securities Purchase Agreement (Xa, Inc.)
