Common use of Equal Treatment of Purchasers Clause in Contracts

Equal Treatment of Purchasers. 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. Further, the Company shall not make any payment of principal 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 the Purchasers by the Company and negotiated separately by the Purchasers, and is intended to treat for the Company the 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 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 dividends on the Notes any Shares or redeem any Shares other than in amounts which are disproportionate a manner pro rata to the respective principal amounts all outstanding on the Notes at any applicable timeShares. For clarification purposes, this provision constitutes a separate right granted to the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note holders 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 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 on the Notes Debenture 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 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 on the Notes Debentures in amounts which are disproportionate to the respective principal amounts Principal Amounts outstanding on the Notes Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note 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 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note holders 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 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 Transaction Documents. Further, the Company shall not make any payment of principal on the Notes in amounts which are disproportionate to the respective principal amounts outstanding on the Notes at any applicable timePrior Offering Securities Purchase Agreement. For clarification purposes, this provision constitutes a separate right granted to the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 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 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note holders 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 shall be offered or paid to any person Purchaser 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 DocumentsPurchasers. 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 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 dividends on the Notes Stock in amounts which are disproportionate to the respective principal amounts outstanding on the Notes Stock at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note 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.

Equal Treatment of Purchasers. 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. 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 the Purchasers Purchaser by the Company and negotiated separately by the PurchasersPurchaser, and is intended to treat for the Company the Note 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 shall be offered or paid to any person 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 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 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 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 shall be offered or paid to any person 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 on the Notes Preferred Stock in amounts which are disproportionate to the respective principal amounts outstanding on the Notes Preferred Stock at any applicable time. For clarification purposes, this provision constitutes a separate right granted to the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 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 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company the Note 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 shall be offered or paid to any person 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchaserseach Purchaser, and is intended to treat for the Company to treat the Note holders 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 shall be offered or paid to any person 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 the Purchasers each Purchaser by the Company and negotiated separately by the Purchasers, each Purchaser,and is intended to treat for the Company to treat the Note holders 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.