Most Favored Terms. Blackhawk Biofuels represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the provisions offered to any other person or entity is or will be more favorable to such person or entity than those offered under this Agreement, and, if they are or become more favorable to any other person or entity during the term of this Agreement or any continuation or extension thereof, Blackhawk Biofuels shall give written notice thereof to REG Marketing, and REG Marketing shall have the option (which option must be exercised by written notice to Blackhawk Biofuels with ten (10) business days after notice thereof) to amend this Agreement to include any such more favorable terms. If such option is exercised, Blackhawk Biofuels and REG Marketing shall execute an appropriate written amendment to this Agreement.
Most Favored Terms. The Company has not entered into and will not enter into any Investor Agreement, or amend any Investor Agreement, with any Other Investor so that such other Investor Agreement is in any respect more favorable to the Other Investor that is a party to such Investor Agreement than this Agreement is to the Investors, including with respect to the Per Share Price, or that gives any Other Investor or group of affiliated Other Investors the right to purchase more shares of Common Stock than the total number of shares to be purchased by all the Investors, unless the Company modifies this Agreement so that it provides the Investors with the same rights and benefits that are provided to the Other Investor under the Investor Agreement to which it is a party (or the Company offers to modify this Agreement in that manner but the Investors refuse to agree to such modification). To the extent funds are raised via private placements, the Company shall provide the Investors with copies of any and all written documents the Company or its representatives prepare for the purposes of such private placements, including the offering memorandum, and shall cooperate with the Investors to incorporate the Investors’ reasonable comments provided on a timely basis regarding any such documents that are finalized after the date of the Original Agreement prior to furnishing such documents to the participants in such private placements.
Most Favored Terms. (a) Upon the request of Company, Contractor shall provide to Company with such information as Company may reasonably request in order to confirm the Most Favored Terms; provided, that (i) Contractor may require that Company enter into a confidentiality agreement, in a form reasonably satisfactory to Contractor, as a condition to providing such information; (ii) Contractor shall not be required to provide any information to the extent Contractor is restricted from doing so by any applicable law or any confidentiality obligations to Third Parties; and (iii) the information provided shall be limited to only that information that is necessary to determine Most Favored Terms.
Most Favored Terms. As long as any Notes remain outstanding, no term or condition in any Convertible Securities and/or Options issued by the Company or any of its Subsidiaries to any Person after the Subscription Date and/or any agreement to acquire Common Stock, Convertible Securities and/or Options or other securities entered into by the Company or any of its Subsidiaries with any Person after the Subscription Date or any other related document or agreement with respect thereto (each, a “Subsequent Document”) shall, directly or indirectly, be more favorable to such Person than the terms and conditions in this Note and any related Transaction Document. If, and whenever on or after the date hereof, the Company enters into a Subsequent Document, then (i) the Company shall provide notice thereof to the Holder immediately following the occurrence thereof and (ii) in addition to any other remedies of the Holder in law or equity, the terms and conditions of this Note and any related Transaction Document shall be, without any further action by the Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Subsequent Document, provided that upon written notice to the Company at any time the Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Note and any related Transaction Document shall apply to the Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Holder. The provisions of this Section 14(p) shall apply similarly and equally to each Subsequent Document. This Section 14(p) shall not apply in respect of an Exempt Issuance (as defined in the Purchase Agreement) and shall not apply to the issuance of shares of Common Stock in an “at the market” offering with a bona fide broker-dealer up to a maximum aggregate offering amount of $20,000,000, provided that the Company’s agreements in connection with such “at the market” offering shall not conflict with any provision of the Transaction Documents.
Most Favored Terms. 15.1 If, after the Effective Date hereof, OBC grants to any third party, a license under Licensed Patents of the same or similar scope as the license herein granted to make and sell Licensed Consumer Hydride Batteries at royalty rates more favorable to such licensee than those set forth herein, OBC shall give written notice to SHENZHEN HIGH POWER to that effect and such more favorable royalty rates shall apply to SHENZHEN HIGH POWER hereunder effective as of the date of such grant to such other party.
Most Favored Terms. Until such time as an aggregate amount of US$ 15,000,000 has been invested in the Company (excluding the Excluded Capital), in the event that any person or entity is issued any type of security including, but not limited to, any type of debt, warrant or equity securities of the Company under terms more favorable than those set forth in this Agreement, the Convertible Debenture or the Warrant (collectively, the “Issued Securities”), then, at the option of the Purchaser, the Issued Securities shall be construed as containing the more favorable terms afforded to such third party, as though such terms were previously provided herein retroactively from the Closing Date. In the event that the Company issues convertible debentures which are publicly traded, the Purchaser shall have the right to replace the Convertible Debenture with such publicly traded convertible debentures in an amount equal to the outstanding Loan Amount at such time, the Convertible Debenture shall be cancelled and the provisions of the publicly traded debentures shall apply. For example, if the Company issues shares of the Company with a higher purchase price per share but with liquidation preferences rights and/or anti-dilution rights that are superior to the rights of the Purchased Shares, the Purchased Shares shall be deemed to include such superior liquidation preference and/or anti-dilution rights while all other terms of the Purchased Shares will remain unchanged and in effect. The Company shall immediately (subject to applicable law) notify the Purchaser in writing on the terms of any issuance of equity of the Company. In the event that any person or entity is granted by the Company registration rights (including, but not limited to, preferences in underwriter’s cutbacks) under terms more favorable than Purchaser’s rights then in effect, such favorable rights shall be deemed to have been granted to Purchaser as of the Closing Dates.
Most Favored Terms. The Buyer has not entered into, and will not enter into, without the prior consent of Seller prior to the consummation of the transactions contemplated by the Acquisition Agreement any agreement with any other investor or prospective investor in the Buyer (each, a “Third-Party Investor”) that has the direct or indirect effect of establishing terms, rights, or benefits for such Third-Party Investor (or any affiliate or associate thereof) in a manner more favorable to such Third- Party Investor than the terms, rights, and benefits established in favor of the Seller, including among other things, the Purchase Price Per Share and the lockup provisions and registration rights applicable to the Founder Shares.
Most Favored Terms. If any other third party enters into a patent license specifically for the Protocols that contains terms that are more advantageous to that third party than the terms of this Agreement, Licensee will have the opportunity to enter into the same agreement as that third party. If that third party agreement provides for lower Royalties than this Agreement, Licensee will receive a credit against future Royalties owed under this Agreement, consisting of the difference between the amount that Licensee paid under this Agreement for the relevant time period and the amount that Licensee would have owed under the other agreement for that time period. Royalties
Most Favored Terms. If at any time while any Notes issued hereunder are outstanding the Company issues any additional debt that is convertible into the Company’s equity securities and such additional debt has a lower conversion price, a higher interest rate, an earlier maturity date or is secured by collateral of the Company, then the terms of the Notes issued hereunder will be modified to incorporate any such more favorable terms.
Most Favored Terms. WGL acknowledges and agrees that the price charged to Medtronic for SVO Batteries shall at no time during the term of this Agreement be higher than or otherwise less favorable than the price in effect from time to time during the term of this Agreement for substantially comparable SVO Batteries purchased by any other party from WGL in equal or lesser quantities than are to be purchased by Medtronic hereunder, provided, however, that the foregoing clause shall not apply to SVO Batteries that are not intended for, and in fact do not rightfully enter into, commercial sale to end user customers, such as those used for development, demonstration, or testing purposes. Accordingly, within thirty (30) days of the completion of each Contract Year, WGL shall provide to Medtronic a written certification by an executive officer of WGL that WGL has fully complied with the terms of this Section 6.6. Upon reasonable notice and during regular business hours, but no more frequently than once for any Contract Year and only with respect to a Contract Year which has been completed in the prior three year period, WGL shall at Medtronic's written request make available appropriate records substantiating the accuracy of WGL's certifications referenced above for audit at Medtronic's expense by an independent certified accounting representative to verify the accuracy of such certifications. Such representative shall execute a suitable confidentiality agreement reasonably acceptable to WGL prior to conducting such audit. Such representative may disclose to Medtronic only its conclusions regarding the accuracy and completeness of said certifications, and shall not disclose Confidential Information of WGL to Medtronic without the prior written consent of WGL. If appropriate based on information provided by WGL or based on the result of an audit provided for above, the price charged to Medtronic for SVO Batteries hereunder shall be downwardly adjusted to the lowest level that such comparable SVO Batteries are being sold to third parties. Such downward price adjustment shall be made retroactively effective to the date upon which the aforesaid lower pricing first commenced, with an appropriate adjusting payment to be made to Medtronic for prior overcharges (which adjusting payment Medtronic may elect to take in the form of a lump sum cash payment from WGL or in the form of an offsetting credit against future purchases of SVO Batteries from WGL).
