Most Favoured Nations. The Guarantor undertakes that if at any time after the Effective Date it enters into any financial contract or financial document relating to any Financial Indebtedness with or which has the support of any export credit agency and which contains pari passu provisions or cross default provisions which are more favourable to the lenders than those contained in paragraph (l) of clause 11.2 (Continuing representations and warranties) of the Loan Agreement and clause 18.6 (Cross default) of the Loan Agreement respectively, the Guarantor shall immediately notify the Borrower and the Facility Agent of such provisions and the relevant provisions contained in the Loan Agreement shall be deemed amended so that such more favourable pari passu provisions or cross default provisions are granted to the Creditor Parties pursuant to the Loan Agreement.
Most Favoured Nations. The Borrower will ensure that, if the Borrower or the Guarantor provides to any lender as at the Effective Date, or provides to any other lender in the future, a financial ratio or other form of financial measurement covenant which is not specifically included in this Agreement, then this Agreement shall be deemed to have been amended automatically to have the benefit of such other present or future financial ratio or other form of financial measurement covenant; provided that if any such present or future financial ratio or other form of financial measurement covenant provided by the Borrower or the Guarantor to another lender and not specifically included in this Agreement is changed or eliminated, the same change or elimination will automatically apply to this Agreement. For greater certainty, but without limitation, a covenant to maintain any particular type or class of assets or any particular type or class of liabilities (as the terms “asset” and “liability” are used under GAAP) at a specified maximum or minimum dollar amount (for example, a covenant that indebtedness will not exceed a fixed dollar amount) shall not constitute a “financial ratio or other financial measurement covenant”; however, a covenant such as a net worth covenant, which is not limited to any particular type or class of assets or any particular type or class of liabilities, shall constitute a “financial ratio or other financial measurement covenant”.
Most Favoured Nations. 19.1 Each of the Manager and Eurobulk hereby agree, and undertake to Euromar and each of the Owners, that the terms of this Agreement in relation to the provision of the Management Services or otherwise shall be better than or at least equal to, on a most favoured nations basis, the terms of the Existing Eurobulk Management Agreement and the Existing Eurochart Management Agreement.
Most Favoured Nations. During the term of this Agreement, within thirty (30) days of execution of an agreement for Instinet to provide to a third party which is not an Instinet Subscriber (acting in its capacity as an Instinet Subscriber ) (i) any Data on terms more favorable than contained herein (including with respect to redistribution rights and frequency of updates), or (ii) any other equity data, Instinet shall offer, by providing written notice to the Director of Content of Reuters, the right to license the same content under the same terms and conditions as agreed by Instinet and such third party. In the event that Reuters becomes aware that an Instinet Subscriber not acting in its capacity as an Instinet Subscriber has the right to license any Data on more favorable terms and/or any other equity data, Reuters shall advise Instinet and the Parties shall work together to determine whether such offering is subject to this Section 2.5. This Section 2.5 shall not apply to any access to any third party if and to the extent that such access is mandated by any regulatory authority of competent jurisdiction.
Most Favoured Nations. (a) Notwithstanding any other provision of this Agreement, if any Shareholder contractually acquires a shareholder-related right or benefit that is contemplated by or the subject of Clauses 3.5, 3.6, 4.1, or 5 of this Agreement and is, in the good-faith and reasonable opinion of Athyrium, more favourable in comparison to such corresponding right or benefit established in favour of Athyrium under this Agreement, then the Company shall, insofar as it is capable under Applicable Law, offer such right or benefit to Athyrium, including by facilitating any necessary corporate approvals in connection therewith; provided, that, for the avoidance of doubt, Athyrium’s right under this provision shall not extend to shareholder-related rights or benefits that are contemplated by the Articles (as may be amended in a manner permitted by this Agreement), including without limitation the ranking of classes of capital stock of the Company in respect of the distribution of assets on the liquidation, dissolution or winding up of the Company, the payment of dividends or rights of redemption.
Most Favoured Nations. The Borrower will ensure that, if the Borrower provides (other than pursuant to the Tranche A Exit Facility Agreement) to any lender as at the Effective Date, or provides to any other lender in the future, a financial ratio or other form of financial measurement covenant which is not specifically included in this Agreement, or which is more restrictive than the corresponding covenant in this Agreement, then this Agreement shall be deemed to have been amended automatically to have the benefit of such other present or future financial ratio or other form of financial measurement covenant; provided that if any such present or future financial ratio or other form of financial measurement covenant provided by the Borrower to another lender and not specifically included in this Agreement is changed or eliminated, the same change or elimination will automatically apply to this Agreement. For greater certainty, but without limitation, a covenant to maintain any particular type or class of assets or any particular type or class of liabilities (as the terms "asset" and "liability" are used under GAAP) at a specified maximum or minimum dollar amount (for example, a covenant that indebtedness will not exceed a fixed dollar amount) shall not constitute a "financial ratio or other financial measurement covenant"; however, a covenant such as a net worth covenant, which is not limited to any particular type or class of assets or any particular type or class of liabilities, shall constitute a "financial ratio or other financial measurement covenant".
Most Favoured Nations. 63 5.16 Landlord Consents................................................................. 64 5.17
Most Favoured Nations. 8.1 Subject to clause 8.2: The pricing (i.e. Charges + Administration Fee) you offer to Participating Agencies must be lower than the pricing you offer to Non-Participating Agencies for equivalent services. If you instead offer lower pricing to a Non-Participating Agency, the relevant Charges payable by all Purchasing Agencies will reduce to the level of the lower pricing offered. However, there are exceptions: e.g. where the Charges offered to a Participating Agency are based on a fixed fee, a volume based discount or a fee calculated by reference to the total cost of the associated construction project.
Most Favoured Nations. The Parent shall not, and each Obligor shall ensure that the Parent and each other relevant member of the Group shall not agree any amendment or variations to (i) the Other Stakeholders Agreement, (ii) if entered into, any Permitted New Secured Financing or (ii) the Existing Convertible Bonds (including, in each case, by way of a refinancing of such facilities), which would have the effect of: (a) increasing the principal amounts either outstanding thereunder or, in the case of the Other Stakeholders Agreement with PPL Shipyard Pte Ltd, guaranteed under guarantee described in Clause 23.15(c)(iv); (b) bringing forward the date for, any scheduled payment of principal or interest (whether cash interest or PIK interest); (c) any increase in the applicable margin (whether cash interest or PIK interest) or the basis for interest calculation; (d) any increase in the amount of any principal payments or repayments or fees or commissions payable to any party under or in connection therewith or payment of any new/additional fees or costs other than bona fide third party advisory costs. 23.32 Free flow of cash The Parent shall procure that no member of the Group shall agree to or allow to subsist any arrangement which would restrict the free flow of cash within the Group, other than: (a) any such arrangements similar to as provided under the Finance Documents; (b) as required by mandatory law; or (c) as in force on the date of this Agreement and set out in the in the Other Stakeholders Agreement (as in force as of the First Utilisation Date) entered into with Hayfin Services LLP as agent or any agreement for a refinancing of such Other Stakeholders Agreement permitted to be incurred under Clause 23.15, provided that any such restrictions in such refinancing agreement are the same or similar (however, not more onerous for the Group) than in the Other Stakeholders Agreement with Hayfin Services LLP as agent as in force on the date of this Agreement. 23.33 Assignment, novation or transfer of contracts After the occurrence of an Event of Default which is continuing, the Obligors shall upon the Agent’s request use best endeavours, to the extent legally permissible by law, to have assigned, novated or otherwise transferred the rights and obligations under any employment or charter contract related to the Rigs, to one or several parties nominated by the Agent.
Most Favoured Nations. If Licensor enters, or has entered, into an agreement or series of agreements (including side letters, understandings or arrangements, whether oral or written, whether formal or informal, whether now or hereafter effective, or whether on a long-term basis or short-term basis) with a third party for the distribution and exhibition of Licensed Programs in the U.S. or the Territory on a VOD basis, or any other basis that permits the downloading of such Licensed Programs and the subsequent viewing of such Licensed Programs by a residential subscriber, on terms (including, without limitation, license fees, copyright royalty payments, encoding fees and obligations, and marketing support) that are more favourable than those contained in this Agreement, then Rogers has the right to incorporate, or substitute, as the case may be, such term or terms into this Agreement, effective as of the date on which such term or terms were accorded to the third party and for the balance of the period such term or terms are applicable to such third party. Licensor shall provide to Rogers, no later than February 28 in each year, a sworn statement of a senior officer of Licensor, or a certificate of the auditors of Licensor, confirming that, during the immediately preceding calendar year, Licensor did not enter into such an agreement or series of agreements or, if it did enter into such agreement(s), confirming the effective date thereof and identifying the terms contained therein that are more favourable than those contained in this Agreement. During the Term, and for a period of twelve (12) months thereafter, Rogers (and its representatives) shall have the right, upon reasonable prior written notice to Licensor, and during regular business hours, to inspect and/or audit Licensor’s books and records to confirm compliance with Licensor’s obligations under this Section. This Section shall survive the expiry or other termination of this Agreement for a period of twelve (12) months.
