Common use of Terms of Future Financings Clause in Contracts

Terms of Future Financings. So long as this Note is outstanding, upon any issuance by the Borrower or any of its Subsidiaries of any security, or amendment to a security that was originally issued before the Issue Date, with any economic term that the Holder reasonably believes is more favorable to the holder of such security or with an economic term in favor of the holder of such security that the Holder reasonably believes was not similarly provided to the Holder in this Note (even if the holder of such other security does not receive the benefit of such more favorable economic term until a default occurs under such other security), then (i) the Borrower shall notify the Holder of such additional or more favorable economic term within one (1) business day of the issuance and/or amendment (as applicable) of the respective security, and (ii) such economic term, at Holder’s option, shall become a part of the transaction documents with the Holder (regardless of whether the Borrower complied with the notification provision of this Section 4.14). The types of economic terms contained in another security that may be more favorable to the holder of such security include, but are not limited to, terms addressing prepayment rate, interest rates, and original issue discounts.

Appears in 6 contracts

Samples: Securities Purchase Agreement (NKGen Biotech, Inc.), Registration Rights Agreement (NKGen Biotech, Inc.), Registration Rights Agreement (NKGen Biotech, Inc.)

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Terms of Future Financings. So long as this Note is outstanding, upon any issuance by the Borrower or any of its Subsidiaries subsidiaries of any security, or amendment to a security that was originally issued before the Issue Date, with any economic term that the Holder reasonably believes is more favorable to the holder of such security or with an economic a term in favor of the holder of such security that the Holder reasonably believes was not similarly provided to the Holder in this Note (even if the holder of such other security does not receive the benefit of such more favorable economic term until a default occurs under such other security), then (i) the Borrower shall notify the Holder of such additional or more favorable economic term within one (1) business day of the issuance and/or amendment (as applicable) of the respective security, and (ii) such economic term, at Holder’s option, shall become a part of the transaction documents with the Holder (regardless of whether the Borrower complied with the notification provision of this Section 4.14). The types of economic terms contained in another security that may be more favorable to the holder of such security include, but are not limited to, terms addressing prepayment rate, interest rates, and original issue discounts.

Appears in 1 contract

Samples: Securities Purchase Agreement (Clean Energy Technologies, Inc.)

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