Common use of Equal Treatment of Holders Clause in Contracts

Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation or related transaction document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Certificate of Designation or related transaction document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A Preferred Stock. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A Preferred Stock or otherwise.

Appears in 4 contracts

Samples: Exchange Agreement (New You, Inc.), Certificate of Designation (New You, Inc.), Certificate of Designation (TimefireVR Inc.)

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Equal Treatment of Holders. No consideration (including any modification of this Amended and Restated Certificate of Designation or related transaction documentTransaction Document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Amended and Restated Certificate of Designation or related transaction document Transaction Document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A Preferred StockHolders. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A Preferred Stock Holders as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A D Preferred Stock or otherwise.

Appears in 2 contracts

Samples: Exchange Agreement (Truli Technologies, Inc.), Securities Purchase Agreement (Truli Technologies, Inc.)

Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation or related transaction document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Certificate of Designation or related transaction document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A B Preferred Stock. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A B Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A B Preferred Stock or otherwise.

Appears in 1 contract

Samples: Certificate of Designation (TimefireVR Inc.)

Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation or related transaction document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Certificate of Designation or related transaction document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A Preferred Stock. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A Preferred Stock or otherwise.

Appears in 1 contract

Samples: Share Exchange Agreement (Discovery Gold Corp)

Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation or related transaction document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Certificate of Designation or related transaction document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A C Preferred Stock. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A C Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A C Preferred Stock or otherwise.

Appears in 1 contract

Samples: Merger Agreement (Spiral Energy Tech., Inc.)

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Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation or related transaction document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Certificate of Designation Designations or related transaction document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A C Preferred Stock. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation Company and negotiated separately by each holder, and is intended for the Corporation Company to treat all holders of the Series A C Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A C Preferred Stock or otherwise.

Appears in 1 contract

Samples: Exchange Agreement (First Choice Healthcare Solutions, Inc.)

Equal Treatment of Holders. No consideration (including any modification of this Certificate of Designation any applicable transaction documents related to the Series F Preferred Stock or related transaction documentSeries G Preferred Stock) shall be offered or paid to any person or entity Person to amend or consent to a waiver or modification of any provision provisions related to the issuance of this Certificate of Designation or the Series F Preferred Stock and Series G Warrants and the Series G Preferred Stock and related transaction document Warrants unless the same consideration is also offered to all of the holders of the outstanding shares of Series A Preferred Stocksuch securities. For clarification purposes, this provision constitutes a separate right granted to each such holder by the Corporation and negotiated separately by each holder, Company and is intended for the Corporation Company to treat all such holders of the Series A Preferred Stock as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A Preferred Stock any securities held by such holders or otherwise.

Appears in 1 contract

Samples: Dividend Agreement (Activecare, Inc.)

Equal Treatment of Holders. No consideration (including any modification of this Amended and Restated Certificate of Designation or related transaction documentTransaction Document) shall be offered or paid to any person or entity to amend or consent to a waiver or modification of any provision of this Amended and Restated Certificate of Designation or related transaction document Transaction Document unless the same consideration is also offered to all of the holders of the outstanding shares of Series A Preferred StockHolders. For clarification purposes, this provision constitutes a separate right granted to each holder by the Corporation and negotiated separately by each holder, and is intended for the Corporation to treat all holders of the Series A Preferred Stock Holders as a class and shall not in any way be construed as such holders acting in concert or as a group with respect to the purchase, disposition or voting of the Series A F Preferred Stock or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Truli Technologies, Inc.)

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