Common use of Equal Treatment of Investors Clause in Contracts

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. 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 the Transaction Documents, and no consideration Documents on a pro rata basis measured with respect to their then-investment in the securities issued pursuant hereto. No payment of principal or interest on any Note shall be offered or made to any Investor unless a pro rata amount of interest and principal is also paid to any Other Existing Investor to amend or consent to a waiver or modification all other Investors in respect 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 Investorstheir Notes. 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.