Additional Offerings Clause Samples

Additional Offerings. The terms of this Escrow Agreement may be extended to cover additional offerings of shares of the Company by the execution by the parties hereto of an addendum identifying the shares and registration statement relating to such additional offering. Upon execution of such addendum, the terms "Shares", "Registration Statement" and "Prospectus" set forth herein shall be deemed to be amended as set forth in such addendum.

Additional Offerings. In the event additional Units (or other securities or debt instruments) are sold at a future date, all Unit Holders holding at least twenty (20) Units (the “Major Holders”) shall automatically be afforded the right to participate in such offering and, collectively, fund up to twenty five percent (25%) of the associated capital raise. In the event of an oversubscription of such Major Holders, the applicable offered securities will be sold to such Major Holders pro-rata in accordance with their respective Capital Contribution Percentage (accounting only for participating Major Holders). This Section shall not apply to any securities issued in connection with: (i) the issuance of securities issued or issuable in connection with, or upon the exercise of, options or other awards granted or to be granted to employees, officers or managers of the Partnership pursuant to the Partnership’s equity incentive plans; (ii) securities issued as a result of any equity split, equity dividend, reclassification or reorganization or similar event; (iii) securities issued as consideration in any acquisition, merger, joint venture, partnership or other strategic alliance; (iv) securities issued in connection with any debt financing or refinancing of the Partnership; or (vi) securities issued in connection with an initial public offering.

Additional Offerings. The terms of this Agreement may be extended to cover additional offerings of shares of the Company by the execution by the parties hereto of an addendum identifying the shares and registration statement relating to such additional offering. Upon execution of such addendum, the terms "Shares", "Offering", "Registration Statement" and "Prospectus" set forth herein shall be deemed to be amended as set forth in such addendum. If the foregoing correctly sets forth the understanding between you and the Company, please so indicate in the space provided on the attached page for that purpose, whereupon this letter shall constitute a binding agreement between us.

Additional Offerings. Customer may be entitled to access to the following additional offering(s), as noted in the Subscription Instrument, subject to additional fees.

Additional Offerings. In the event the Company at any time proposes to issue additional shares of its capital stock (or rights convertible or exercisable into shares of capital stock), other than (i) stock and options issued to employees or directors of, or consultants or advisors to, the Company or any of the Subsidiaries pursuant to a plan approved by the Board, or (ii) registered public offerings, Buyer shall have a preemptive right to participate in any such issuance, allowing Buyer to purchase such shares or rights, on terms and conditions no less favorable to Buyer as those offered to any other offeree in such issuance, up to a percentage of the total number of shares or rights offered by the Company in such issuance equal to Buyer's percentage ownership of the Company's issued and outstanding shares of capital stock immediately prior to such issuance.

Additional Offerings. The Managing Owner may, in its discretion, continue, suspend or discontinue the public offering of the Units, as well as make additional public or private offerings of Units, provided that the net proceeds to the Trust of any such sales shall in no event be less than the Net Asset Value per Unit (as defined in Section 5(d)) at the time of sale (unless the new Unit’s participation in the profits and losses of the Trust is appropriately adjusted). No Unitholder shall have any preemptive, preferential or other rights with respect to the issuance or sale of any additional Units, other than as set forth in the preceding sentence.

Additional Offerings. (a) Company may develop materials and/or product offerings or may send additional solicitations to Cardholders ("Additional Offerings") without Bank’s approval provided that such Additional Offerings do not include Bank’s name or any System M▇▇▇. Additional Offerings which utilize Bank’s name or any System M▇▇▇ shall require Bank’s prior written approval, which approval shall not be unreasonably withheld. Company shall supply to Bank in writing all details, terms and conditions of any proposed Additional Offerings which contain Bank’s name or any System M▇▇▇ before the distribution of such Additional Offerings, and Bank shall have the right to and must approve any such Additional Offering before its distribution. (b) All income and expense for materials, product offerings, or Additional Offerings will be the income and expense of Company.

Additional Offerings. The General Partner may, in its discretion, make additional public or private offerings of Units, provided that the net proceeds to a Series of any such sales of additional Units of such Series shall in no event be less than the Net Asset Value per Unit within such Series (as defined in Section 5(d) hereof) at the time of sale (unless the new Unit’s participation in the profits and losses of such Series is appropriately adjusted). No Limited Partner shall have any preemptive, preferential or other rights with respect to the issuance or sale of any additional Units, other than as set forth in the preceding sentence. The Partnership may offer different Series or classes of Units having different economic terms than previously offered Series or classes of Units as determined by the General Partner; provided that the issuance of such a new Series or class of Units shall in no respect adversely affect the holders of outstanding Units; and provided further that the assets attributable to each such Series or class shall, to the maximum extent permitted by law, be treated as legally separate and distinct pools of assets, and the assets attributable to one such Series or class be prevented from being used in any respect to satisfy or discharge any debt or obligation of any other such Series or class.

Additional Offerings. (a) Subject to the Closing occurring on or before 5:00 P.M. (New York time) on November 17, 2014 and subject to the provisions of this Section 4.1, beginning on the Closing Date and prior to the date that is sixty (60) days after the Closing Date (such period, the “Restricted Period”), the Company shall not take any action to solicit, initiate, encourage or assist in the submission of, any proposal, negotiation or offer from any person or entity, other than the Purchasers, relating to the sale or issuance of any equity or equity-linked securities of Company. (b) Notwithstanding any other provision to the contrary, the limitations contained in this Section 4.1 shall not restrict or limit the Company’s ability (i) to offer, sell and issue up to 100,000 additional shares of Common Stock to one or more purchasers on terms no more favorable to such purchasers than the terms of the purchase contemplated hereby; or (ii) to comply with any obligation of the Company, pursuant to agreements in effect on the date hereof, to conduct offers, sales and issuances pursuant to (x) participation rights, including pursuant to the Private Placement Purchase Agreement, dated as of March 4, 2013, among the Company and the purchasers party thereto or (y) any conversion or prepayment rights in connection with a Change in Control as contemplated by Article 3 of the Indenture, dated as of March 5, 2013, between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee, as amended and supplemented prior to the date hereof.