Common use of Equal Treatment of Purchasers Clause in Contracts

Equal Treatment of Purchasers. 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 this Agreement unless the same consideration is also offered to all of the parties to this Agreement. Further, the Company shall not make any payment of principal or interest on the Note in amounts that are disproportionate to the principal amount outstanding on the Note at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchaser by the Company and negotiated separately by the 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat for the Company to treat the Purchasers Debenture holders 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 Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Notes in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchaser Purchasers by the Company and negotiated separately by the PurchaserPurchasers, and is intended to treat for the Company to treat the Purchasers Note holders 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal dividends on any Shares or interest on the Note redeem any Shares other than in amounts that are disproportionate a manner pro rata to the principal amount all outstanding on the Note at any applicable timeShares. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debenture in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the principal amount respective Principal Amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat for the Company to treat the Purchasers Debenture holders 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreement. Further, the Company shall not make any payment of principal or interest on the Note in amounts that are disproportionate to the principal amount outstanding on the Note at any applicable timeTransaction Documents. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat 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 Securities or otherwise.. Further, the rights of Eligible Purchasers under Section 4.13 or a waiver of the terms thereof shall not be deemed to be unequal treatment of any non-Eligible Purchasers

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Notes in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat 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 Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents or Prior Offering Transaction Documents unless the same or substantially similar consideration is also offered offered, pintails mutandis, on a ratable basis to all of the parties to this Agreement and the Prior Offering Securities Purchase Agreement. Further, the Company shall not make any payment of principal or interest on the Note in amounts that are disproportionate to the principal amount outstanding on the Note at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person Purchaser 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 parties to this AgreementPurchasers. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 their respective representations or warranties, purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Preferred Stock in amounts that which are disproportionate to the principal amount respective outstanding on the Note Preferred Stock at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Notes in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities the Notes, Warrants, Common Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchaser by the Company and negotiated separately by the Purchaser, and is intended to treat for the Company to treat the Purchasers Debenture holders as a class and shall not in any way be construed as the Purchasers Purchasers, if more than one, acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat for the Company to treat the Purchasers Debentures holders 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Debentures in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. 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 this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Note Notes in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each 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 Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person 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 parties to this Agreementthe Transaction Documents. Further, the Company shall not make any payment of principal or interest dividends on the Note Stock in amounts that which are disproportionate to the respective principal amount amounts outstanding on the Note Stock at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the each Purchaser by the Company and negotiated separately by the each Purchaser, and is intended to treat for the Company to treat the Purchasers Stock holders 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 Securities or otherwise.