Most Favored Nation. While the Note or any principal amount, interest or fees or expenses due thereunder remain outstanding and unpaid, the Company shall not enter into any public or private offering of its securities (including securities convertible into shares of Common Stock) with any individual or entity (an “Other Investor”) that has the effect of establishing rights or otherwise benefiting such Other Investor in a manner more favorable in any material respect to such Other Investor than the rights and benefits established in favor of the Buyer by this Agreement or the Note unless, in any such case, the Buyer has been provided with such rights and benefits pursuant to a definitive written agreement or agreements between the Company and the Buyer.

Most Favored Nation Provision. As long as any Preferred Shares remain outstanding, to the extent a Purchaser still holds Shares, such Purchaser may elect, in its sole discretion, to exchange all or some of the Shares then held by such Purchaser for additional securities (including any additional securities issued as part of a unit with such security) of the same type issued in such Subsequent Financing (such exchange to be made at the same time as the closing of such Subsequent Financing), on the same terms and conditions as the Subsequent Financing, based on the Per Share Purchase Price (or if Dilution Shares, the per share price used in determining such Shares) multiplied by the number of Shares being exchanged. By way of example, if the Company undertakes a Subsequent Financing of convertible debentures and warrants, each Purchaser shall have the right to participate in such Subsequent Financing and use the exchange of its Shares as consideration, on a $1 for $1 basis, in lieu of cash consideration. The Company shall provide prior written notice of any such Subsequent Financing in the manner set forth in Section 4.12.

Most Favored Nation Provision. From the date hereof until the Maturity Date, in the event and on each occasion that ​ issues, sells or agrees in writing to issue any Common Stock (other than an Exempt Issuance of Common Stock) within five (5) Business Days before and five (5) Business Days after ​ has delivered a Put Notice (such ten (10) Business Day-period, an “MFN Period”), if ​ is then holding outstanding securities acquired during such MFN Period and ​ reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to ​ hereunder, including but not limited to the issuance of Common Stock or instruments exercisable or convertible into Common Stock for less than the Purchase Price at any time, upon notice to ​ by ​ within five trading days after disclosure of such issuance or sale, ​ shall amend the terms of the transaction(s) hereunder that occurred during such MFN Period, only so as to give ​ the benefit of such more favorable terms or conditions. ​ shall provide ​ with notice of any such issuance or sale participating under this section.

Most Favored Covenant Status. If the Borrower or any of its Subsidiaries at any time after the Closing Date enters into or modifies any Material Indebtedness Agreement, such that such Material Indebtedness Agreement includes affirmative or negative covenants (or any events of default or other type of restriction that would have the practical effect of any affirmative or negative business or financial covenant, including, without limitation, any “put” or mandatory prepayment of such Indebtedness upon the occurrence of a “change of control”) that are applicable to the Borrower or any of its Subsidiaries, other than those set forth herein or in any of the other Loan Documents, promptly so notify the Administrative Agent and the Lenders and, if the Administrative Agent shall so request by written notice to the Borrower (after a determination has been made by the Required Lenders that such Material Indebtedness Agreement contains any such provisions that either individually or in the aggregate are more favorable to the holders of such Indebtedness than any of the provisions set forth herein), the Borrower, the Administrative Agent and the Lenders shall promptly amend this Agreement to incorporate some or all of such provisions, in the discretion of the Administrative Agent and the Required Lenders, into this Agreement and, to the extent necessary and reasonably desirable to the Administrative Agent and the Required Lenders, into any of the other Loan Documents, all at the election of the Administrative Agent and the Required Lenders.

any Contract that obligates ​ to conduct business on an exclusive or preferential basis or that contains a “most favored nation” or similar covenant with any third party or upon consummation of the Merger will obligate Patriot or the Surviving Corporation to conduct business on an exclusive or preferential basis or that contains a “most favored nation” or similar covenant with any third party;

Section #Most Favored Lender.

SECTION # MOST FAVORED LENDER STATUS 38

that materially limits the ability of the Group Companies to compete in any line of business, solicit customers or hire employees or to do business with any Person or in any location or geographic area, or granting exclusivity, “most favored nations” status or any similar right, in each case in favor of any Person other than the Company;

Most Favored Nation Status. Keystone shall be guaranteed the best overall deal for purchases from Supplier. Keystone’s price shall be at the percent off Supplier’s nationally published jobber list price as mutually agreed upon between the parties and incorporated in the existing Agreement. The overall pricing offered to Keystone, prior to any discounts provided by this Addendum, shall be less than that offered to any other customer on a net cost basis after all discounts, allowances, rebates, pricing programs, or other terms of any agreement that reduces the price are applied, resulting in Keystone having a greater functional discount than any other customer. If another customer is offered a better price on a product or SKU that Keystone does not sell. Keystone will be offered the same opportunity to purchase said product or SKU on the same terms and at the same price.

Administration. ​ shall use commercially reasonable efforts to, and shall cause each member of the ​ Group to use commercially reasonable efforts to, administer its benefit plans in a manner that does not jeopardize the tax-favored status of the tax-favored benefit plans maintained by any member of the ​ Group. ​ shall use commercially reasonable efforts to, and shall cause each member of the ​ Group to use commercially reasonable efforts to, administer its benefit plans in a manner that does not jeopardize the tax-favored status of the tax-favored benefit plans maintained by any member of the ​ Group.