Additional Rights and Obligations Sample Clauses

Additional Rights and Obligations. If the Company issues securities in its next preferred equity financing after the date hereof (the “Next Financing”) that (a) have rights, preferences or privileges that are more favorable than the terms of the Securities, such as price-based anti-dilution protection, or (b) provide all such future investors in the Next Financing contractual terms such as registration rights, the Company shall provide substantially equivalent rights to the Subscriber with respect to the Securities (with appropriate adjustment for economic terms or other contractual rights), through the Subscriber’s proxy (if applicable), subject to the Subscriber’s execution of any documents, including, if applicable, investor rights, co-sale, voting, and other agreements, executed by the investors purchasing securities in the Next Financing (such documents, the “Next Financing Documents”), provided that certain rights may be reserved for investors with a minimum amount of investment in such Next Financing. Notwithstanding anything herein to the contrary, upon the execution and delivery of the Next Financing Documents by subscribers holding a majority of the then-outstanding Securities, this Subscription Agreement (excluding any then-existing and outstanding obligations) shall be automatically amended and restated by and into such Next Financing Documents and shall be terminated and of no further force or effect.

Additional Rights and Obligations. The author(s) (and their employers as applicable), hereby authorise the Publisher to take such steps as they consider necessary at their own expense in the copyright owner’s name and on their behalf, if they believe that a third party is infringing or is likely to infringe copyright or the rights granted to the Publisher herein in the Contribution without further recourse to the copyright owner(s). The author(s) acknowledge and accept that BMJ may make additional changes to the Contribution as considered necessary in accordance with standard editorial processes whether before or after publication. The Corresponding Author will usually see proofs for their Contribution and every effort will be made to consult with the Corresponding Author if substantial alterations are made. BMJ may also retract or publish a correction or other notice when it considers this appropriate for legal or editorial reasons and this shall be at its absolute discretion which shall be exercised reasonably.

Additional Rights and Obligations. If the Company issues securities in its next equity financing after the date hereof (the “Next Financing”) that (a) have rights, preferences or privileges that are more favorable than the terms of the shares of Series CF Common Class B Stock, such as pricebased anti-dilution protection, or (b) provide all such future investors other contractual terms such as registration rights, the Company shall provide substantially equivalent rights to the Purchasers with respect to the shares of Series CF Common Class B Stock (with ap- propriate adjustment for economic terms or other contractual rights), subject to such Purchaser’s execution of any documents, including, if applicable, investor rights, co-sale, voting, and other agreements, executed by the investors purchasing securities in the Next Financing (such docu- ments, the “Next Financing Documents”). Any Major Purchaser will remain a Major Purchaser for all purposes in the Next Financing Documents to the extent such concept exists. Not- withstanding anything herein to the contrary, subject to the provisions of Section 8.10, upon the execution and delivery of the Next Financing Documents by Purchasers holding a majority of the then outstanding shares of Series CF Common Class B Stock held by all Purchasers, this Agree- ment (excluding any then-existing and outstanding obligations) shall be amended and restated by and into such Next Financing Documents and shall be terminated and of no further force or ef- fect.

Additional Rights and Obligations. In the event a third party claim arises for infringement of copyright or unfair competition during the term of this Agreement, the parties have the option of to proceed individually or jointly in defense or prosecution of such claims. The parties will be liable solely for any costs if they proceed individually and any recovery from such proceedings shall be retained by such party. For joint proceedings, all costs, including attorney’s fees and recovery, if any, shall be borne equally by both parties. Either party consents to any action brought in the other’s name, so far as required under the above-mentioned proceedings. The Publisher, however, shall have no obligation or any liability to bring claims in the event of actionable claims of the nature mentioned in this clause.

Additional Rights and Obligations. IN RESPECT OF RECEIVABLES

Additional Rights and Obligations. If Indemnifying Party’s Product that is the subject of an indemnification claim under this Section 15.1(a) (or any part of it), is held to infringe any third party intellectual property rights and the use of such Product, as contemplated by this Agreement, is enjoined or is threatened to be enjoined, Indemnifying Party at its own election and expense may either: (i) procure for Indemnified Party (or, if applicable, the Indemnified Related Party) the right to continue use of such Product as authorized under this Agreement; or (ii) replace or modify the applicable Product with a version of the Product that is non-infringing and that conforms to the applicable Documentation. If, despite Indemnifying Party’s commercially reasonable efforts, neither of the alternatives in this Section 15.1(b) is available on terms which are commercially feasible within one hundred eighty (180) days of notice of a Claim, (A) Indemnifying Party will immediately notify Indemnified Party of its intent to terminate the applicable Product licenses or resale rights under this Agreement (the “Affected Products”), (B) Indemnified Party will return, cause all of its Customers to return, and cease selling or reselling any Affected Products, alone or as part of a Combined Offering and (C) Indemnifying Party will grant Indemnified Party a credit equal to the prepaid license or subscription fees for the remainder of the applicable Product license term. To the extent either Party is unable to meet any ACV or minimum fees under this Agreement as a result of a Claim, the ACV or 14 ACTIVE/96105181.2 [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED minimum fees required under this Agreement will be adjusted or waived as necessary to reflect the non-performance of the Indemnifying Party.

Additional Rights and Obligations. In addition to the other terms and provisions of this Lease, Lessee and Lessor shall have the rights and obligations set forth in Annex E (both Parts 1 and 2 thereof), the provisions of which are hereby incorporated by this reference as if set forth in full herein.

Additional Rights and Obligations. (i) In the event that a Secured Party obtains title to the Project, such Secured Party may transfer title to the Project and the Licensee's interest in this Agreement solely in strict compliance with the requirements of Section 16 hereof. (ii) Notwithstanding any provision herein to the contrary, at all times during the term of this Agreement, the Licensee, the lessee under the Memorabilia Lease, the landlord under the Hard Rock Leases and the owner of the Project shall at all times be the same Person or an entity controlled by such Person. (iii) Within five (5) business days after receipt of a written request from the Secured Party, which request shall be accompanied by documentation reasonably necessary to prove qualification, Licensor shall provide written confirmation as to whether a proposed Purchaser qualifies as an Approved Purchaser in accordance with Section 24(G)(i). (iv) For the avoidance of doubt, in the event a Secured Party exercises its rights under Section 24(F) to foreclose any Pledge: (a) upon commencement of foreclosure proceedings by a Secured Party, Licensee hereby releases Licensor of and from any and all claims against Licensor and its officers, directors, shareholder, and employees, in their corporate and individual capacities, including, without limitation, claims arising under federal, state, and local laws, rules, and ordinances, arising from or related to this Agreement; (b) Licensee shall remain liable for all of the obligations to Licensor in connection with the Hotel/Casino prior to the effective date of the transfer of its interest in this Agreement; and (c) Licensee shall remain obligated under the covenants against competition of this Agreement. (v) At all times following foreclosure of the Pledge, Licensor shall have the approved, which approval shall not be unreasonably withheld, any Management Company or management personnel employed by the Approved Purchaser as provided in Section 7 of this Agreement. (vi) The Indenture shall contain a provision permitting the appointment of a receiver in the event of a default under the Indenture and such receiver shall be authorized to cure all defaults of Licensee under this Agreement. The receiver shall be subject to the approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. (vii) If Licensee requests that Licensor execute an instrument consenting to a Pledge that is permitted under this Section 24, then Licensor shall execute and deliver s...

Additional Rights and Obligations. (1) The Sub-Lessee: a. may at all times during the continuance of this Sub-Lease Agreement, at its own cost and expense, remove, repair or replace any buildings, structures, fixtures, casing in w▇▇▇▇, pipelines, material and equipment of whatsoever nature or kind which it may have placed on or in the Subdivided Land or in any area to be surrendered; and b. shall, at its own cost and expense, make all necessary maintenance and repairs to the buildings on the Subdivided Land. (2) The Sub-Lessor shall, at its sole cost and expense: a. maintain and keep in a good and substantial state of repair the Subdivided Land in accordance with good commercial practice and in compliance with the statues and bylaws of the Rural Municipality of Lajord, including but not limited to, noxious weeds and tidiness; and b. in the exercise of due care and diligence, continue in good faith the process of subdividing the Lands and in the process create a separate title to enable the Sub-Lessee to purchase the Subdivided Land.