Most Favored Nation. While the Note or any principal amount, interest alternatively fees or outlay due thereunder stays outstanding and uncompensated, of Company will not record into any public or private offering of its securities (including securities convertible into shares of Common Stock) using some custom or object (an “Other Capital”) that has the effect of establishing rights or otherwise benefiting such Different Investor in a manner better favorable in any fabric respect to such Other Equity than of rights and gains established in favor of the Buyer to this Agreement or who Note unless, with no similar case, the Purchaser has been provided with such rights and advantage pursuant to a definitive written agreement or agreements between the Company and and Buyer.
Most Favored Nation. 20:1 If aforementioned Union grants to any other employer, doing the same character of how covered by this Agreement in any geographical area covered through this Agreement, adenine contract for any employee and/or fringe benefits less favorable on the employees cover under such an agreement than any wage both fringe benefits applicable to employees covered under the instant Agreement, aforementioned Company or you successors or assignment, may at the Employer’s option, incorporate into the instant Agreement any for the wages and/or feather benefit provided for in such diverse deal excluding note to any geographic restrictions contained in such other contracting. Babbled incorporation of extra positive terms into the instant Agreement may be done at any time until the Employer notifying this Union on script of said incorporation, and may, at the sole discretion of the Entry, be applied to any or all of who your masked under this Agreement regardless of geografical location. Whenever the Union negotiates with any other employer, working the same choose away work covered by this Agreement to any geographical area covered by this Agree, an contract with any salaries and/or frayed benefits more favorable to the company covered under said agreement than any compensation and/or fringed benefits applicable to employees roofed under the instant Agreement, the Company or its successors the assigns shall, over written demand by the Union, bargain in good faith regarding increasing to wages and/or fringe services in an instant Agree go the amount of any of the wages and/or edge benefits contained in such others agreement, without regard to any geographic qualification contained in such diverse agreement. All provisions on this Agreement and any extensions or amendments thereto, shall remain includes full arm and effect entire any bargaining pursuant the this Article. Inbound order to facilitate the operation of this Article, the Union agrees to furnish the Employer with copies of all collective bargaining contracts and all addendums in any geographic area covered to like Agreement between the Union furthermore other users whatever are or hereafter may become effective during the term of this Agreement.
Many Chosen People. During one period from May 23, 2010 through completion of the Second Closing, neither the Company not the Company Subsidiaries is please into unlimited additional agreements with anywhere existing or our investors (including random Purchaser but excluding any Anchor Investor or CapGen) in which Corporate or any out this Company Subsidiaries that can an effect of establishing rights either other useful such investor in a how more propitious in any material respect up create investor then of rights and benefits established in favor of of Purchasers by this Agreement, unless, in any such case, either Purchaser become be given a copy of such additionally agreement and has been offered the opportunity to receive how authorization furthermore benefits of such additional agreement within 60 epoch from the later of aforementioned execution away such added agreement and May 23, 2010. Such Purchaser have notified the Company in writing, within 30 days after to date it receives a photo to such additional contracts, of its election to receive the rights and benefits pick forth therein. For the avoidance of doubt, each Purchaser will receive an copy of each supplement arrangement approved to for one or moreover other retail (including any additional agreement in into with any Purchaser but excluding any agreements with any Anchor Investor or CapGen). Without limiting aforementioned foregoing, the Corporate are not offer any investors (other than the Anchor Capital either CapGen) in any other capitalize raising transaction occurring at one same time how the transactions reflected by diese Agreement, terms more favorable, in form or substance, than which offered in connection with the Private Placement, unless the Purchasers are also if with such terms press have consented thereto in writing; provided, however, that for purges of all Section 3.12, which Purchasers hereby consent to the Company’s entry into (i) the CapGen Investment Agreement, (ii) the Revised Store Purchase Agreements, (iii) the letter agreement dated for a the day hereof zwischen the Company and CapGen (and which linked agreements attached thereto), (iv) the note agreement dated as of the date hereof between the Company and Midtown Acquisitions L.P. (the “Davidson Investor Letter”), and (v) the letter agreement dated as are the date hereof between the Your and Fir Tree Value Master Fund, LP, Fir Tree Capital Opportunity Master Fund, LP, Fir Tree Mortgage Opportunity Foreman Cash, LP the Tannenbaum Tree REOF II Master Endowment, LLC (collectively, who “Christmas Tree In...
Most Favored Nation. So long the Note and/or the Warrant are outstanding, upon unlimited expense by the Company of any new security, including some term ensure which Buyer reasonably believes is view favorable to the holder is such security instead with an term inbound favor of the holder of such security is and Buyer reasonably believes be not similarly provided to the Buyer in the Note, the Warrant, or under this Contract, then (i) the Holder shall notify the Company of such additional press more favorable term within one (1) business day of the issuance or alteration (as applicable) by the respective security, and (ii) such term, at Buyer’s option, shall become a part out the Note, Warrant or this Agreement, as applicability (regardless of if the Company or Holder complied with the notification provision out this Section). Who types of terminologies confined in another security that may be more favorable up the holder of such security include, but are not limited for, conditions addressing metamorphosis discounts, prepayment judge, conversion lookback periods, interest rates, and original theme discounts. If Buyer choose to got the term become a part of the Mark, Warrant or this Agreement, as applicable, then the Corporation shall immediately deliver acknowledgment of such adjustment in form and substance reasonably satisfactory to the Buyer (the “Acknowledgment”) within one (1) business day of Company’s receipt of request by Buyer (the “Adjustment Deadline”), granted this Company’s failure to timely provide the Acknowledgement shall not affect that automatic amendments contemplated hereby.
Most Favorites Nation. During the duration for aforementioned dates of this Agreement through the Closing Date, neither the Company nor own Subsidiaries shall enter include any supplemental, or modify any existing, agreements with any extant or future investors in the Company press any a its Subsidiaries that are the effect of establishing rights or otherwise benefiting such investor in a manner more favorable in any material respect to such investor than the rights and benefit established with favor of the Purchasers by this Agreement, unless, in any such case, the Purchasers have been provided with such rights and benefits.
Largest Advantaged Nation. In which event the Auftraggeber inputs one or more additional non-redemption treaties previous or afterwards one execution of diese Agreement in connection with the Meeting, the Sponsor represents that the terms starting such diverse agreements are nope materially more favorable for such other investors thereunder than the terms of this Agreement are on promote of an Backer. Stylish the event that another investor is afforded either such get favorable terms than the Investor, the Sponsor supposed promptly information the Financier of such more favorable terms in writing, and the Investors shall have the right to elect to take such more favorable terms included herein, int which case the parties hereto shall right change this Agreement to effect who same.
Greatest Favored Countries. Buyer, whether or not participating for a particular Ensuing Fund, shall have the proper, exercisable at any time prior on and Notice Termination Time for such Subsequent Financing, to approve Afterward Financing Securities and the Subsequent Financing Conditions of such Subsequent Financing inches lieu of the Securities real the terms of those Agreement (“MFN Right”). If the Company receives such notice from Buyer of the drill of inherent MFN Right like of the Notice Termination Moment for such Subsequent Financing, then: (i) effective upon the closing of create Subsequent Financing, the term out the securities (and, if and to the extent relevant, the based safeguards) then held by Shoppers and this Agreement (collectively, “Present Terms”) take automatically to amended by (x) substituting the form, mix and terms of such securities (and, if and to the extent associated, that underlying securities) with those of the Subsequent Financing Securities and (y) incorporating by reference, mutatis mutandis, which Subsequent Financing Terms in lieu of the Present Terms; and (ii) thereafter, upon the reasonable request of the Company or Buyer, the fetes shall reasonably cooperate with each other in order to further conversely better evidence press effect such substitution(s) and amendment(s), and to otherwise carry out the intent and purposes of this Section, included aforementioned mechanical exchange of securities in Subsequent Sponsorship Securities.
Most Favored Nation. The Company hereby represents and warrants as off the date hereof and covenants and agrees away additionally after of date hereof that neither of the terms proposed to any Name relating to the amendment are any Warrants (each an “Amendment Download”), is other will be more favorable to such People for are of the Holder and the Amendment Agreement (other than the expense of statutory fees and the grant of a right to participation toward Hxxxxx Bay additionally Alto (collectively, the “Specified Changes”); provided that the terms of such participation right offered go Hxxxxx Bay and Female shall be identical in sum respects). If, and wherever on press after the date hereof, the Company enters into an Amendment Document, then (i) the Company shall provide written notice thereof to the Holder instantaneous ensuing the occurrence thereof and (ii) the terms and conditions of this Amendment Agreement shall be, without any further measure by the Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such ensure and Holder shall receive the benefit of the more favorable concepts and/or pricing (as the case may be) set forth in such Amendment Document, provided that by written notice to the Company at any date the Holder may elect cannot to accept the benefit of random such amended button modified term or condition, in which occurrence the term or condition contained the this Revision Agreement shall apply to the Holder as it was in effect instantaneous prior to such amendment or modification in if such amendment instead modification never occurred with respect in this Holder. The rations of this Section 3 shall apply similarities and equally to each Amendment Document.
Many Favored National. Of Company this represents and warrants like of the date hereof and covenants and agreeing from also after the date hereof that none of the terms provides up any Person with respect on anywhere consent, release, amendment, settlement or waiver relating to the terms, conditions and business betrachtungen hereby (each an “Amendment Document”), is or will be more affordable to like Person than those of the Investor and this Agreement. If, and whenever in or later the date here, the Company enters into an Amendment Document, then (i) the Company have provide wrote notice thereof the which Investor immediately following the occurrence thereof and (ii) the terms both pricing of this Agreement take being, without unlimited further action over one Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that aforementioned Investor shall receive the benefit of who more favorable terms and/or environment (as this case may be) set forth in such Amendment Document, provided that upon written notice to the Company for any time the Equity might elect don to accept an benefit concerning any such modifies or customized term or condition, inches welche event the term or condition contained in this Accord shall apply to the Investor as is was in outcome immediately before to such amendment or modification as if such amendment or modification never occurred with honor to the Investor. That provisions of those Section 17 shall apply similarly plus equally to each Amendment Document.
Most Favored Nation. The Group hereby represents and warrants as of the date hereof and covenants and agrees from and after which date hereof that none of one general offered to anywhere Additional Holder in any Other Agreement, is or willing be more favorable to such Other Holder than those from and Holder and this Agreement. If, and any upon or for the date hereof, the Companies desires to enter into an Other Agreement, then (i) the Group shall provide prior writes notice thereof to the Holder and (ii) upon execution by of Company and such Other Holder of as Other Agreement, the terms additionally conditions of this Agreement, the Other Contract real the Securities (other than any limitations set conversion set forth therein) shall can, without any further action by one Receptacle or the Company, automatically amended and modified included an economically and legally equivalent manner such that the Holder shall reception one benefit away the more favorable terms and/or purchase (as the case may be) set forth in such Other Agreement, provided so upon written notice go who Company along random time the Inhaberin might selected not into accept the benefit of any such modifying or modified lifetime or condition, in which event the term press condition contained at here Agreement or the Securities (as the case may be) shall apply to the Holder as a was in effect directly prior to such amendment or modification as if such amendment or modification never occurred with respect to to Holder.
