Common use of Equal Treatment of Holders Clause in Contracts

Equal Treatment of Holders. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Appears in 3 contracts

Samples: Securities Exchange and Amendment Agreement (Gigabeam Corp), Securities Exchange Agreement (Oxford Media, Inc.), Securities Exchange and Amendment Agreement (Gigabeam Corp)

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Equal Treatment of Holders. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction DocumentsHolders. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities the Notes or otherwise.

Appears in 2 contracts

Samples: Subordination Agreement (Overland Storage Inc), Subordination Agreement (Overland Storage Inc)

Equal Treatment of Holders. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Appears in 1 contract

Samples: Securities Exchange Agreement (Northwest Biotherapeutics Inc)

Equal Treatment of Holders. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents this Agreement unless the same consideration is also offered to all of the parties to the Transaction Documentsthis Agreement. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Appears in 1 contract

Samples: Exchange Agreement (EVmo, Inc.)

Equal Treatment of Holders. No consideration shall be offered or paid to any Person person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents Exchange unless the same consideration is also offered to all of the parties to the Transaction Documentsthis Agreement. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended to treat for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities securities or otherwise.. ***********************

Appears in 1 contract

Samples: Exchange Agreement (Lifestream Technologies Inc)

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Equal Treatment of Holders. No consideration (including any modification of any Exchange Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Exchange Transaction Documents unless the same consideration is also offered to all of the Holders that are parties to the such Exchange Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Appears in 1 contract

Samples: Series B Exchange Agreement (Tapinator, Inc.)

Equal Treatment of Holders. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Securities Shares or otherwise.

Appears in 1 contract

Samples: Exchange Agreement (authID Inc.)

Equal Treatment of Holders. No consideration (including any modification of any Transaction Document shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchaseacquisition, disposition or voting of Securities or otherwise.

Appears in 1 contract

Samples: Securities Exchange Agreement (Unique Logistics International Inc)

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