Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasers. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 21 contracts
Samples: Subscription Agreement (ARCA Biopharma, Inc.), Securities Purchase Agreement (CARGO Therapeutics, Inc.), Securities Purchase Agreement (Biodesix Inc)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock the Securities or otherwise.
Appears in 8 contracts
Samples: Subscription Agreement (Cti Biopharma Corp), Form of Securities Purchase Agreement (Cell Therapeutics Inc), Securities Purchase Agreement (Cell Therapeutics Inc)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or the Warrants unless the same consideration is also offered to all of the Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Helicos Biosciences Corp), Securities Purchase Agreement (Helicos Biosciences Corp), Securities Purchase Agreement (Helicos Biosciences Corp)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Cadiz Inc), Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Neuralstem, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser to amend this Agreement or consent to a waiver or modification of any provision of this Agreement unless the same consideration is also offered to all of the Purchasers. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 5 contracts
Samples: Subscription Agreement (ReShape Lifesciences Inc.), Subscription Agreement (ReShape Lifesciences Inc.), Agreement and Plan of Merger (Reneo Pharmaceuticals, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of any of this Agreement unless the same consideration is also offered to all of the PurchasersPurchasers under this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.)
Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Agreement) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Agreements unless the same consideration is also offered to all of the Purchasersparties to such Transaction Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Lexeo Therapeutics, Inc.), Stock Purchase Agreement (Ventyx Biosciences, Inc.), Registration Rights Agreement (Minerva Surgical Inc)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 4 contracts
Samples: Securities Purchase Agreement (BBQ Holdings, Inc.), Securities Purchase Agreement (BBQ Holdings, Inc.), Securities Purchase Agreement (Vaxart, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition disposition, or voting of shares of Common Stock Securities or otherwise.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp)
Equal Treatment of Purchasers. No consideration (including any modification of this Agreement) shall be offered or paid to any Purchaser 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 Purchasersparties to such Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Enliven Therapeutics, Inc.), Securities Purchase Agreement (Denali Therapeutics Inc.), Securities Purchase Agreement (Tango Therapeutics, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasers. For clarification purposes, this This provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 3 contracts
Samples: Subscription Agreement (Protara Therapeutics, Inc.), Subscription Agreement (Mirum Pharmaceuticals, Inc.), Subscription Agreement (Mirum Pharmaceuticals, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of any of this Agreement unless the same consideration is also offered to all of the Purchasersparties to such agreements. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwisevoting.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Synova Healthcare Group Inc), Convertible Note Purchase Agreement (Synova Healthcare Group Inc), Convertible Note Purchase Agreement (Synova Healthcare Group Inc)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Purchased Common Stock or otherwise.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Par Petroleum Corp/Co)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of any of this Agreement unless the same consideration is also offered to all of the PurchasersPurchasers under this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to the Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers equally as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 2 contracts
Samples: Purchase Agreement (Deep Down, Inc.), Purchase Agreement (Deep Down, Inc.)
Equal Treatment of Purchasers. No consideration (including any modification of this Agreement) shall be offered or paid to any Purchaser 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 Purchasersparties to such Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.. [Signature Page Follows]
Appears in 2 contracts
Samples: Stock Purchase Agreement (Oric Pharmaceuticals, Inc.), Securities Purchase Agreement (Oric Pharmaceuticals, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pharmos Corp), Securities Purchase Agreement (Pharmos Corp)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended to treat for the Company the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Avigen Inc \De), Common Stock Purchase Agreement (Avigen Inc \De)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Agreements unless the same consideration is also offered to all of the Purchasersparties to the Transaction Agreements. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Canadian Superior Energy Inc)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended to treat for the Company the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement any Transaction Document unless the same consideration is also offered to all of the PurchasersPurchasers who then hold Securities. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Shares or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Unicycive Therapeutics, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasersparties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended to treat for the Company the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasers. For clarification purposes, this This provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Ordinary Shares or ADSs or otherwise.
Appears in 1 contract
Samples: Subscription Agreement (Gracell Biotechnologies Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasers. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwise.
Appears in 1 contract
Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Agreement) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Agreements unless the same consideration is also offered to all of the Purchasersparties to such Transaction Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cullinan Therapeutics, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock or otherwiseShares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Searchlight Minerals Corp.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser 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 Purchasers. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each such Purchaser and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Company Common Stock or otherwise.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Neoleukin Therapeutics, Inc.)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or the Warrants unless the same consideration is also offered to all of the Purchasersparties to the this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Uranium Resources Inc /De/)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasersparties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition disposition, or voting of shares of Common Stock Shares or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Syntax-Brillian Corp)
Equal Treatment of Purchasers. No consideration shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement any Transaction Document unless the same consideration is also offered to all of the PurchasersPurchasers who then hold Securities. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock the Securities or otherwise.
Appears in 1 contract
Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser 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 PurchasersTransaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of shares of Common Stock Securities or otherwise.
Appears in 1 contract
Samples: Securities Purchase Agreement (Better Choice Co Inc.)
