Additional Investor Clause Samples

Additional Investor. Notwithstanding anything to the contrary contained herein, each of P▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ and HRG may become a party to this Agreement by executing and delivering a joinder to this Agreement in the form attached hereto as Exhibit A, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investors shall be required for such joinder to this Agreement by HRG, so long as HRG has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

Additional Investor. Notwithstanding anything to the contrary contained herein, if the Company issues additional securities after the date hereof, whether pursuant to the Purchase Agreement or otherwise, any purchaser of such securities may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investor shall be required for such joinder to this Agreement by such additional Investor, so long as such additional Investor has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

Additional Investor. Notwithstanding anything to the contrary contained herein, if the Company issues additional shares of Series A Preferred Stock after the date hereof, any purchaser of such shares of Series A Preferred Stock may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investor shall be required for such joinder to this Agreement by such additional Investor, so long as such additional Investor has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

Additional Investor. The Company, including its Members and Manager, consent to (i) raising $50,000 as a Capital Contribution from ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and (ii) admitting ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as a Member. The Members hereby authorize the Manager to enter into such subscription agreements, joinder agreements and other documents or deliverables, and to do and perform all such further actions of any nature whatsoever, as he shall, in his discretion, determine to be necessary, advisable or appropriate to consummate the foregoing.

Additional Investor. The Company, in connection with certain ------------------- financing arrangements has issued warrants to acquire shares of Series C Preferred Stock to Third Coast Venture Lease Partners I, L.P. ("Third Coast"), CID Mezzanine Capital, L.P. ("CIDMC") and Silicon Valley Bank (such warrants being collectively referred to as the "Existing Warrants") and the Company may in the future enter into additional financing arrangements pursuant to which the Company will issue "Additional Warrants" (as that term is defined in Section 3.4 of the Series E Investment Agreement); upon exercise of such Existing Warrants or such Additional Warrants by the holder or holders thereof, such holder or holders shall be deemed an "Investor" for all purposes hereof and Schedule 1 shall be -------- amended to include such holder or holders designated as such without any action of the Company or the other Investors. [END OF AGREEMENT] [REST OF PAGE INTENTIONALLY LEFT BLANK] Schedule 1 ---------- TO SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT Aggregate Number of Shares of Holders of Series A Convertible Series A Convertible Participating Participating Preferred Stock Preferred Stock ------------------------------------------------------------------------------------ CID Equity Capital III, L.P. 1,228,917 Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ------------------------------------------------------------------------------------ Frontenac VI Limited Partnership 3,839,285 ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 357,143 ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 44,643 ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇, JTWROS 151,787 ▇▇▇▇▇▇ ▇▇▇▇ as Trustee of the ▇▇▇▇ Associates 116,070 Pension Plan ▇▇▇▇▇ ▇▇▇▇▇ 26,786 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 44,643 ▇▇▇▇▇ Ramp 26,786 Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ----------------------------------------------------------------------------------- CID Equity Capital III, L.P. 1,607,142 CID Equity Capital V, L.P. 446,429 NEA Ventures 1997, L.P. 4,464 New Enterprise Associates VII, Limited 3,049,107 Partnership MKW Partners, L.P. 475,793 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 21,628 ▇▇▇▇▇▇ Family Limited Partnership #1, f/k/a 163,294 ▇▇▇▇▇▇ Family Limited Partnership Aggregate Number of Shares of Holders of Series B Convertible Series B Convertible Participating Participating Preferred Stock Preferred Stock ----------------------------------...

Additional Investor. Upon consummation of the Union Stock Purchase Agreement, Union shall become an "Investor" under the Stockholders Agreement and under the Registration Rights Agreement, in each case entitled to all the benefits accorded to an Investor under, and subject to all of the obligations imposed upon an Investor pursuant to, each such Agreement as if Union had been one of the Investors that was an original signatory party thereto (and, to the extent applicable, Union hereby assumes the obligations of an Investor pursuant to each such Agreement).

Additional Investor. The Company, in connection with certain ------------------- financing arrangements has issued warrants to acquire shares of Series C Preferred Stock to Third Coast Venture Lease Partners I, L.P. ("Third Coast"), CID Mezzanine Capital, L.P. ("CIDMC") and Silicon Valley Bank (such warrants being collectively referred to as the "Existing Warrants") and the Company may in the future enter into additional financing arrangements pursuant to which the Company will issue "Additional Warrants" (as that term is defined in Section 3.4 of the Series E Investment Agreement); upon exercise of such Existing Warrants or such Additional Warrants by the holder or holders thereof, such holder or holders shall be deemed an "Investor" for all purposes hereof and Schedule 1 shall be -------- amended to include such holder or holders designated as such without any action of the Company or the other Investors.

Additional Investor. At any time and from time to time, any party hereto (other than the Agent) may, by notice to the Agent, propose that a Person specified in such notice become an Investor hereunder, provided that such person is a receivables investment company which in the ordinary course of its business issues commercial paper or other securities to fund its acquisition and maintenance of receivables. The Agent shall, promptly upon its receipt of any such notice, notify the other parties hereto (including any Person having become a party pursuant to this Section 11.08) of such proposal. In the event that all parties hereto agree in writing to the addition of such Person as an Investor hereunder (provided that the addition of any receivables investment company managed by CNAI shall not require the agreement of the Seller or any other Person), such Person shall become a party hereto as an Investor hereunder, effective as at the date specified by the parties hereto in connection with their agreement as to the addition of such Person, and, effective as at such date, such Person shall become a party hereto and an Investor hereunder, entitled to the benefits hereof and subject to the obligations of an Investor hereunder; provided, however, that, on or prior to such date, such Person shall have delivered to the Agent (in sufficient counterparts for each party hereto) an Assumption Agreement.

Additional Investor. In accordance with section 5.6 of the Bid Agreement, if Fairfax subscribes for 10% Preference Shares in accordance with Section 3.3 as a result of a Funding Shortfall it shall have the right, in its sole discretion, to seek Additional Investors to subscribe for Ordinary Shares at the Subscription Price on or before the date which is 90 days after the date on which it subscribes for 10% Preference Shares in accordance with Section 3.3 (the “Fairfax Co- Invest Period”) in an aggregate amount to allow the Corporation to redeem up to such number of Preference Shares, together with accrued interest, as will result in Fairfax holding not less than 45% and not greater than 49.9% of all Ordinary Shares in issue (assuming all Preference Shares remaining in issue after such redemption were converted into Ordinary Shares).