Common use of Equal Treatment of Holders Clause in Contracts

Equal Treatment of Holders. No consideration (including any modification of this Note) shall be offered or paid to any Person (as such term is defined in the Purchase Agreement) to amend or consent to a waiver or modification of any provision hereof unless the same consideration is also offered to all of the parties to the Purchase Agreement. Further, the Company shall not make any payment of principal or interest on the Notes in amounts which are disproportionate to the respective principal amounts outstanding on the Notes at any applicable time. 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 or disposition of the Notes or otherwise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Elephant Oil Corp.), Securities Purchase Agreement (Elephant Oil Corp.)

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Equal Treatment of Holders. No consideration (including any modification of this Note) shall be offered or paid to any Person (as such term is defined in the Purchase Agreement) person to amend or consent to a waiver or modification of any provision hereof of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Purchase AgreementTransaction Documents. Further, the Company shall not make any payment of principal or interest on the Notes Debentures in amounts which that are disproportionate to the respective principal amounts outstanding on the Notes Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder Holder, and is intended to treat for the Company to treat the Holders Debenture 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 purchase, disposition or disposition voting of the Notes Securities or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ustelematics Inc)

Equal Treatment of Holders. No consideration (including any modification of this Noteany Transaction Document) shall be offered or paid to any Person (as such term is defined in the Purchase Agreement) to amend or consent to a waiver or modification of any provision hereof of the Transaction Documents unless the same consideration is also offered to all of the parties to the Purchase Agreementsuch Transaction Documents. Further, the Company shall not make any payment of principal Stated Value or interest dividends on the Notes shares of Preferred Stock in amounts which are disproportionate to the respective principal amounts outstanding on the Notes shares of Preferred Stock at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder 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 purchase, disposition or disposition voting of the Notes Securities or otherwise.

Appears in 1 contract

Samples: Securities Exchange Agreement (STRATA Skin Sciences, Inc.)

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Equal Treatment of Holders. No consideration (including any modification of this Noteany Transaction Document) shall be offered or paid to any Person (as such term is defined in the Purchase Agreement) to amend or consent to a waiver or modification of any provision hereof of the Transaction Documents unless the same consideration is also offered to all of the parties to the Purchase Agreementsuch Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Notes Debentures in amounts which are disproportionate to the respective principal amounts outstanding on the Notes Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder 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 purchase, disposition or disposition voting of the Notes Securities or otherwise.

Appears in 1 contract

Samples: Securities Exchange Agreement (Activecare, Inc.)

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