Equal Treatment of Investors. 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 Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.
Equal Treatment of Investors. 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. 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 Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.
Equal Treatment of Investors. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of this Agreement unless the same consideration is also offered to all of the parties to this Agreement.
Equal Treatment of Investors. 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 such Transaction Documents, and no consideration shall be offered or paid to any Other Existing Investor to amend or consent to a waiver or modification of any provision of the purchase agreements entered into simultaneously with this Agreement (or the other transaction documents contemplated thereby) unless the same consideration is also offered to the Investors. For clarification purposes, this provision constitutes a separate right granted to each Investor and each Other Existing Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors and the Other Existing Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with the Other Existing Investors with respect to the purchase, disposition or voting of Securities or otherwise.
Equal Treatment of Investors. The Company shall not pay or offer to pay, whether in the form of cash, rights, benefits or other consideration, any Investor to amend or consent to a waiver or modification of any provision of the Transaction Documents unless the same consideration, rights or benefit is paid to all Investors. For avoidance of doubt, this provision constitutes a separate right granted to each Investor and shall not in any way be construed as action in concert or action as a group by such Investor with any other Investor with respect to the purchase, disposition or voting of the Shares, Warrants or Warrant Shares.
Equal Treatment of Investors. 8.1.1 In the event that any New Securities are proposed to be issued, or any contracts, commitments, agreements, understandings or arrangements of any kind are proposed to be entered into relating to the issuance of any New Securities to any Investor (other than Centerview) or any Affiliate of any such Investor (excluding, for the avoidance of doubt, any member of the Group), then each Investor (other than Centerview) shall have the right (the “Pre-emptive Right”) to subscribe up to a number of New Securities, at the same price and on the same terms as each other Investor (other than Centerview), such that such Investor would, after the issuance of all such New Securities (on an “as converted” basis), hold the same proportionate interest of the issued and then outstanding shares in Xxxxxxx Holdings (including any New Securities on an “as converted” basis) as was held, directly or indirectly, by such Investor immediately prior to the issuance of such New Securities (the “Proportionate Percentage”). The detailed terms of and the process applicable to the exercise by an Investor of its Pre-emptive Right shall be determined by the Xxxxxxx Holdings Board in its decision to authorise the proposed issue of New Securities or the proposed entering into of the contract, commitment, agreement, understanding or arrangement that gives rise to that Pre-emptive Right.
8.1.2 For the avoidance of doubt, the Investors shall have no Pre-emptive Rights with respect to any issue of New Securities to any Person which is not an Investor or an Affiliate of an Investor.
Equal Treatment of Investors. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of such Person’s Subscription Agreement unless the same consideration is also offered to all Investors in the Offering. For clarification purposes, this provision constitutes a separate right granted to each Investor by the Company and shall not in any way be construed as the Investors in the Offering acting in concert or as a group with respect to the purchase, disposition or voting of the Preferred, Shares, Warrants, Warrant Shares or otherwise.
Equal Treatment of Investors. No consideration (including any modification of any Transaction Document) shall be offered or paid to any other Investor electing to convert Indebtedness for Equity Securities unless the same consideration is also offered to all of the parties to this Agreement.
Equal Treatment of Investors. 8.1.1 In the event that any New Securities are proposed to be issued, or any contracts, commitments, agreements, understandings or arrangements of any kind are proposed to be entered into relating to the issuance of any New Securities to any Investor or any Affiliate of any Investor (excluding, for the avoidance of doubt, any member of the Group), then all Investors shall have the right (the "Pre-emptive Right") to subscribe up to a number of New Securities, at the same price and on the same terms as each other Investor, such that such Investor would, after the issuance of all such New Securities (on an “as converted” basis), hold the same proportionate interest of the issued and then outstanding Units (including any New Securities on an “as converted” basis) as was held, directly or indirectly, by such Investor immediately prior to the issuance of such New Securities (the "Proportionate Percentage"). The detailed terms of and the process applicable to the exercise by an Investor of its Pre-emptive Right shall be determined by the Investors' Committee in its decision to authorise the proposed issue of New Securities or the proposed entering into of the contract, commitment, agreement, understanding or arrangement that gives rise to that Pre-emptive Right.
Equal Treatment of Investors. No consideration shall be offered or paid to any holder of a class of Securities to amend or consent to a waiver or modification of any provision of any of the Documents unless the same consideration is also offered to all of the holders of the same class of Securities. Except as set forth in the SEC Reports, the Company has not entered into any transaction document or agreement with any other party prior to the Closing Date with respect to the offering of the Company’s securities except as contemplated hereby and except as contemplated by the SB Merger Agreement. The Company has not entered into any transaction document or agreement with any Investor in connection with the purchase by such Investor of its Securities (including by any amendment, supplement or side letter thereto or by any other agreement), containing more favorable terms than as set forth in the Documents.
