Future Financing. The Company shall have not completed any financing prohibited by Section 4.11 unless, prior to the Company delivering the first Draw Down Notice after any such financing, the Company pays the Purchaser the sum of $100,000 as liquidated damages.
Future Financing. Lessee hereby agrees that if at any time during the Term the Lessee purchases or contemplates the purchase of a facility, or property to be used, for the operation of a business for the Primary Intended Use, or if Lessee wishes to expand or renovate the Leased Property or any other facilities leased to the Lessee under the Other Leases, Lessee shall notify Lessor in writing of such purchase or contemplated purchase, and Lessor shall have the first opportunity to provide financing for such purchase, expansion or renovation upon terms mutually agreeable to Lessor and Lessee.
Future Financing. If, at any time any of the Debentures are outstanding, the Company, or its successors in interest due to mergers, consolidations and/or acquisitions (the "Successors-in-Interest"), is funded an amount equal to or exceeding Five Million United States Dollars ($5,000,000), the Company or the Successors-in-Interest, as the case may be, agrees to pay the Purchaser an amount equal to One Hundred Fifty Percent (150%) of the then outstanding Debentures (the "Lump Sum Payment"). Upon the Purchaser's receipt of the Lump Sum Payment, any and all remaining obligations then outstanding between the Company or the Successors-in-Interest, as the case may be, and Purchaser in connection with this Agreement and the Debentures shall be deem satisfied, and the Agreement and the Debentures shall be terminated. This provision shall survive both Closing and Post-Closing.
Future Financing. The Company agrees to draw down the maximum amount permitted under the Equity Line Agreement immediately after the effective date of the Equity Line Registration Statement until the Purchaser no longer holds any Convertible Debentures and further agrees use 50% of the proceeds received pursuant to any equity financing (including any proceeds received in connection with the Equity Line Agreement), to redeem all of the Convertible Debentures held by the Investors pursuant to Section 5 of the Convertible Debentures. The Company agrees that it will not enter into any other sale of its securities or any Capital Shares Equivalents at a discount to the then-current bid price until the earlier of (i) 180 days after the effective date of the Registration Statement, (ii) two (2) years from the applicable Closing Date, or (iii) the date on which the Investor no longer holds any of the Convertible Debentures. The foregoing shall not prevent or limit the Company from granting equity incentive awards pursuant to equity incentive and stock option plans approved by the Company's stockholders or selling securities purchased pursuant to the Company's Employee Stock Purchase Plan or engaging in any sale of securities (i) pursuant to the exercise of options granted or to be granted under an employee benefit plan which plan has been approved by the Company's stockholders, (ii) pursuant to any compensatory plan for a full-time employee or key consultant, (iii) in connection with a strategic partnership or other business transaction, the principal purpose of which is not simply to raise money, (iv) in a registered public offering by the Company which is underwritten by one or more established investment banks (except an equity line type financing), or (v) with the prior written approval of a majority in interest of the Investors, which will not be unreasonably withheld. In the event the Company enters into a sale of its securities pursuant to subsection (iv) or (v) of this Section 6.9, the Investor shall have a right of first refusal to participate in such financing. The Purchaser must notify the Company with seven (7) Trading Days of receipt of notice of any such financing that it intends to participate in.
Future Financing. Buyer further agrees that Buyer will not seek outside financing from other sources related to any future refinancing, secondary financing or home equity line financing that is secured by the Property without the prior written approval of Seller. Buyer acknowledges that Seller may withhold such approval in its sole discretion and that Buyer has been advised prior to entering this Agreement that Seller does not presently intend to permit in any manner any outside financing to be secured by Buyer’s interest in the Property other than as may be approved by Seller under the PUHLP, as the same may be amended from time to time. In the event that Buyer obtains outside financing secured by all or a portion of Buyer’s interest in the Property from any source other than the PUHLP, such act shall be deemed a material default of this Agreement, as well as a violation of the CC&Rs, and shall constitute an irrevocable offer to sell the Property to Seller pursuant to Section 1(b) of Article XIV of the CC&Rs.
Future Financing. If the Company were to receive any additional capital within twelve (12) months from either the later of; (i) the closing of the Securities Financing from any investors that invested in the Securities Financing; and/or (ii) date of termination of this Letter Agreement from any Source(s) contacted by GSS for the purpose of investing in the Securities Financing; the Company will pay to GSS a cash fee of 10% of the amount raised at the closing of any such financing along with the Warrants detailed above in Section 2 of this Letter Agreement. The Company will not circumvent GSS and will not attempt to deal directly or indirectly through agents or representatives of the Company, with such Source(s) or investors without prior written consent of an officer of GSS. As used in this Letter Agreement, the term “Source(s)” shall be defined to include, without limitation, any corporation, company, institution, partnership, individual and all of the Source(s)’ affiliates that are directly or indirectly contacted by GSS for the purpose of investing in the Securities Financing or the purpose of entering into a Transaction. The Company has provided a list of investors that GSS shall not contact and shall not be considered a Source(s), which is listed as Exhibit A. Any investors that GSS contacts that is not listed on Exhibit A, shall officially become a Source(s) as contemplated by this Letter Agreement. This paragraph shall survive any termination of this Letter Agreement.
Future Financing. Westar agrees to vote in favor of a secondary public offering by the Company of up to 4,000,000 shares of Common Stock at not less than $2.00 per share in connection with an offering of Common Stock, convertible debt or debt-with-equity securities.
Future Financing. From this date until the later of full payment of the Adventure’s obligations to Owner or the 3 year anniversary of this date, upon any financing by Adventure by sale of its Common Stock or Common Stock Equivalents (a “Subsequent Financing”), Owner shall have the right to participate in up to 100% of such Subsequent Financing (the “Participation Maximum”). At least 15 Trading Days prior to the closing of the Subsequent Financing, Adventure shall deliver to Owner a written notice of its intention to effect a Subsequent Financing (“Pre-Notice”), which Pre-Notice shall ask such Owner if it wants to review the details of such financing (such additional notice, a “Subsequent Financing Notice”). Upon the request of Owner, and only upon a request by such Owner, for a Subsequent Financing Notice, Adventure shall promptly, but no later than 3 Trading Days after such request, deliver a Subsequent Financing Notice to Owner. The Subsequent Financing Notice shall describe in reasonable detail the proposed terms of such Subsequent Financing, the amount of proceeds intended to be raised thereunder, the Person with whom such Subsequent Financing is proposed to be effected, and attached to which shall be a term sheet or similar document relating thereto. If by 6:30 p.m. (Eastern time) on the third Trading Day after the Owner has received the Pre-Notice, notifications by Owner of their willingness to participate in the Subsequent Financing (or to cause their designees to participate) is, in the aggregate, less than the total amount of the Participation Maximum, then Adventure may effect the remaining portion of such Subsequent Financing on the terms and to the Persons set forth in the Subsequent Financing Notice. If Adventure receives no notice from Owner as of such third Trading Day, such Seller shall be deemed to have notified Adventure that it does not elect to participate. In addition to the foregoing, Adventure agrees to inform Owner in advance of transactions that will potentially dilute Owner’s interest in Adventure, and to give Owner full opportunity to make investments in Adventure contemporaneous with said transactions so as to avoid dilution of Owner’s position.
Future Financing. Buyer shall discuss with Seller, through Seller's representative on Buyer's Board of Directors, the financing for any potential acquisitions that Buyer may consider, which board discussion shall include the possible financing of any such acquisition through equity financing provided by Seller which equity financing could increase Seller's equity percentage ownership of Buyer.