Subsequent Financing. The Note is intended to provide necessary bridge financing to the Company prior to an anticipated financing in the near future of an amount up to $1,200,000 which is expected to be structured as convertible preferred stock (the "Preferred Financing"). Upon the closing of the Preferred Financing, the Note shall automatically convert into the Preferred Financing." We kindly request that you execute this letter below indicating that you agree with the above amendment. Sincerely, Boston Therapeutics Inc. By: /s/David Platt Name: David Platt Title: CEO and Director AGREED AND ACKNOWLEDGED: CJY Holdings Limited By: /s/Cheng Chi Him Name: Cheng Chi Him Title:
Subsequent Financing. “Subsequent Financing” means an offering of any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the Securities Act), any Convertible Securities, debt (with or related to equity), any preferred stock or any purchase rights). Notwithstanding the foregoing, to the extent that the issuance of any security meets one or more of the following criteria, such issuance shall be deemed to not be a “Subsequent Financing” for any purpose of this Agreement: (i) an issuance of shares of Common Stock or standard options to purchase shares of Common Stock to directors (who are also employees of the Company), officers, employees or consultants of the Company, in each case, in their capacity as such, pursuant to an Approved Share Plan; (ii) an issuance of shares of Common Stock upon the conversion or exercise of Convertible Securities issued prior to the date hereof, provided that the conversion or exercise (as the case may be) of any such Convertible Security is made solely pursuant to the conversion or exercise (as the case may be) provisions of such Convertible Security that were in effect on the date immediately prior to the date of this Agreement, the conversion or exercise price of any such Convertible Securities is not lowered, none of such Convertible Securities are (nor is any provision of any such Convertible Securities) amended or waived in any manner (whether by the Company or the holder thereof) to increase the number of securities issuable thereunder and none of the terms or conditions of any such Convertible Securities are otherwise materially changed or waived (whether by the Company or the holder thereof) in any manner that adversely affects Buyer; and (iii) the issuance of the Purchase Shares.
Subsequent Financing. After the Substantial Completion of the Project, Comstock may elect to refinance, from time to time, all or portions the Project without any requirement to obtain the Proprietary Approval of Herndon. Notwithstanding the foregoing, all debt secured by a lien on the Condominium common elements and Herndon Components shall be released at the time of the Arts Center Closing. Herndon will reasonably cooperate with Comstock with respect to such refinance(s) including by delivering any reasonable certification or estoppel requested by any Lender.
Subsequent Financing. If the Settlement occurs, the Company agrees to use its commercially reasonable efforts to raise at least $5.0 million of additional capital through the sale of equity or equity linked securities as soon as practicable following the Settlement Date and in any event on or before December 31, 2016.
Subsequent Financing. The Company shall not have consummated a financing of its debt or equity securities.
Subsequent Financing. The Investor agrees to purchase, on or prior to June 15, 2009, a convertible note or convertible notes, which are on terms that are substantially identical to the terms of the Convertible Note (the “Other Notes”, and together with the Convertible Note, the “Notes”), in the principal amount of $6,000,000, for an aggregate purchase price equal to $6,000,000. To the extent investors (other than the Investor) that are mutually satisfactory to the Company and the Investor (“Other Investors”) purchase Other Notes on or prior to June 15, 2009, the Investor’s obligation to purchase Other Notes shall be reduced by the principal amount purchased by Other Investors. If Other Investors purchase Other Notes, the Investor and the Company shall use reasonable best efforts to take, or cause to be taken, all actions, and to assist and cooperate with each other and such Other Investors in doing all things, necessary proper and advisable to effect the transactions contemplated by this Section 5.06, including amending the appropriate Transaction Documents, as necessary and appropriate, to ensure that the Investor’s rights thereunder are pari passu with the those of the Other Investors, that any Security Interest (as defined in the Convertible Note) granted in accordance with Section 7 of the Convertible Note shall apply to the Convertible Note pari passu with the Other Notes, that amendments to, and approvals under, the Transaction Documents will be effected by holders of a majority of the aggregate principal amount of the Notes and that the Other Investors are afforded identical rights and benefits, on a pro rata basis, as applicable, as the Investor is entitled to under the Transaction Documents.
Subsequent Financing. Within 30 to 90 days of the Closing Date, Pubco will use its best efforts to conduct a financing of between $3,000,000 to $10,000,000. This will result in proportionate share dilution by all existing stockholders of Pubco at the time of such financing, including the Selling Shareholder.