No More Favorable Terms. Without in any way limiting the foregoing provisions of this [Section 7.3(K)] or the requirements set forth in [Section 7.2(K)(ii)], the Company will not, nor will it permit any Subsidiary to, enter into or amend, restate, supplement or otherwise modify any indenture, note or other agreement evidencing or governing any Indebtedness of the Company having a principal amount (whether or not funded or committed) in excess of $50,000,000 or any Senior Note Indenture that requires the Company or any Subsidiary to provide, or otherwise gives any holder of any such Indebtedness the benefit of, a guaranty or collateral pledge that is # not substantially provided for in this Agreement or the other Loan Documents or # is more favorable to the holder of such Indebtedness than the comparable guaranty or collateral pledge set forth in the Loan Documents (collectively, a “More Favorable Term”), unless this Agreement and/or any relevant Loan Document shall be amended or supplemented to provide substantially the same guaranty or collateral pledge, as applicable, prior to the effectiveness of the More Favorable Term, except for collateral pledges provided for in agreements governing Indebtedness secured by Liens permitted under [Sections 7.3(F)] other than [Section 7.3(F)(viii)].

While this Note is outstanding and to the extent the Company grants any other party more favorable investment terms (whether via interest rate, original issue discount, conversion discount or look-back period), the terms of the Note shall automatically adjust to match those more favorable terms.

If in any Subsequent Financing there are any contractual provisions or side letters that provide terms more favorable to the investors than the terms provided for pursuant to the Transaction Documents, then the Company shall specifically notify the Buyer of such additional or more favorable terms and such terms, at Buyer’s option, shall become a part of the transaction documents with the Buyer. The types of terms contained in another security that may be more favorable to the holder of such security include, but are not limited to, terms addressing stock sale price, private placement price per share, and warrant coverage.

“Permitted Indebtedness” means # the Indebtedness evidenced by the Notes, # Existing Convertible Notes; # Indebtedness of up to an aggregate of $100,000, inclusive of any interest, fees, penalties, or other amounts due or payable thereunder, or # indebtedness under agreements or arrangements with respect to refinancing the Indebtedness as disclosed to the Holder prior to the date hereof, provided that the terms of such refinancing are more favorable to [[Organization A:Organization]] and are no more favorable to the holders of such Indebtedness than the terms of the Notes.

Most Favorable Provision Applies. For the avoidance of doubt, if two or more of [Sections 3(a) through 3(e)] above apply, then the applicable Section that results in the Participant vesting in the greatest number of Restricted Stock Units shall control.

If at any time a credit facility, loan agreement or other like financial instrument under which the Company may incur Indebtedness in excess of $10,000,000 (an “MFL Facility”), contains an MFL Financial Covenant that is more favorable to the lenders under such MFL Facility than the covenants contained in [Section 10.8] (any such provision (including any necessary definition), a “More Favorable Covenant”), then the Company shall provide a Most Favored Lender notice in respect of such More Favorable Covenant. Such More Favorable Covenant shall be deemed automatically incorporated by reference into [Section 10] of this Agreement, mutatis mutandis, as if set forth in full herein, effective as of the date when such More Favorable Covenant shall have become effective under such MFL Facility, unless waived in writing by the Required Holders within 15 days after each holder’s receipt of such notice of such More Favorable Covenant.

Terms of Future Financings. So long as this Note is outstanding, upon any issuance by the Borrower or any of its subsidiaries of any security with any term more favorable to the holder of such security or with a term (including without limitation any Conversion Price) in favor of the holder of such security that was not similarly provided to the Holder in this Note (other than a future financing with the Holder), then the Borrower shall notify the Holder of such additional or more favorable term and such term, at Holder’s option, shall become a part of the Transaction Documents with the Holder. The types of terms contained in another security that may be more favorable to the holder of such security include, but are not limited to, terms addressing conversion discounts, prepayment rate, conversion lookback periods, interest rates, original issue discounts, stock sale price, private placement price per share, and warrant coverage.

the Refinancing Term Loans shall have terms and conditions agreed to by the Borrower and the ​ providing such Refinancing Term Loans, but shall be substantially the same as (or, taken as a whole, no more favorable to, the ​ providing such Refinancing Term Loans than) those applicable to the then outstanding Term Loans, except to the extent such covenants and other terms apply solely to any period after the Latest Maturity Date;

“More Favorable Covenant” is defined in [Section 10.9].

investments by the Sponsor in securities of Holdings or Indebtedness of Holdings, ​ or any of the Restricted Subsidiaries so long as the investment is being offered generally to other investors on the same or more favorable terms;