Further financings Clause Samples
The 'Further financings' clause defines the terms and conditions under which a company may seek and secure additional funding after an initial investment round. Typically, this clause outlines the process for approving new financing rounds, the rights of existing investors to participate in future financings, and any restrictions or requirements that must be met before new funds can be raised. For example, it may grant current investors the right of first refusal or require board approval for subsequent funding rounds. The core function of this clause is to provide transparency and protect the interests of both the company and its investors by setting clear expectations for how future capital needs will be addressed.
Further financings the Company may issue further offerings similar to the within Offering which may be at higher or lower prices (as determined by the Company in accordance with its appreciation of market conditions). The Company may, and will, acquire debt and/or equity financings in the future required or advisable in the course of the Company's business development;
Further financings. If within six months from the date of Closing, the Company enters into or closes another financing or other transaction (which for securities law purposes would be integrable with the offer and sale of the Securities) on terms and conditions more favorable to another purchaser than this Subscription Agreement, the Convertible Debentures and the Registration Rights Agreement (in each case, such determination to be made by the Subscriber), then the terms and conditions of this Offering shall be adjusted to reflect the more favorable terms to such purchaser (including, at the Subscriber’s option, the issuance of additional Securities or other securities of the Company). The foregoing shall apply to successive financings or successive other transactions within six months of the date of the Closing.
Further financings. 17.1 Subject to section 19 hereof, should the Company undertake a dealer led equity financing (including either a brokered private placement or public offering of Common Shares and/or securities convertible into Common Shares) in the 12 months following the closing of the Offering, RBC will have a 5 day right of first refusal to be engaged to lead such a financing and, where reasonably practicable, will be granted a minimum economic participation of 70% in such a financing. Terms for such an engagement shall be negotiated in good faith among the Company and RBC and shall be in accordance with market practice. In order to trigger the 5 day election period, the Company must provide RBC with written notice of the terms of the financing it proposes to effect and unless RBC agrees to these terms within the 5 day period by written acceptance to the Company, the Company shall have 120 days during which to offer the same terms ( or terms no less favourable to the Company) to any third party and must complete the proposed financing within the 120 day period. If the Company successfully completes the financing of which RBC was notified within said period, then RBC’s right of first refusal shall for all purposes lapse however if the proposed financing is not completed and on terms no less favourable to the Company than were offered to RBC, then RBC’s right of first refusal shall remain in effect for the duration of the 12 month period.
Further financings. The Company hereby agrees that prior to the consummation of the period expiring fourteen (14) days after the date on which the Company publicly releases detailed quantitative results regarding the primary assessment of progression-free survival, one of the co-primary endpoints of a Phase 3 trial of Genasense® plus chemotherapy in patients with advanced melanoma, which the Company refers to as AGENDA, without first obtaining the consent of at least two-thirds of the currently outstanding and unexercised Purchase Rights and the currently outstanding principal amount of New Notes issued upon exercise of the Purchase Rights (together, as one class), the Company shall not close or publicly announce its entry into any debt or equity financing or any other capital raising transaction or transactions with any person, other than the Additional Closing and the September Financing.
Further financings subject to the rights contained in the Convertible Note and Warrants, including the price protection provisions, the Company may issue further offers similar to the within which may bear higher or lower prices (as determined by the Company in accordance with its appreciation of market conditions). The Company may, and will, acquire debt and/or equity financings in the future required or advisable in the course of the Company’s business development;