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 the Transaction Documents unless the same consideration is also offered to all of the parties to such Transaction Document. The Company shall not amend or waive any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 DocumentDocument or any transaction document executed in connection with any other securities purchase agreement entered into on the date hereof by and between the Company and any purchaser of securities of the Company (collectively, the “Other SPAs”)) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of this Agreement (or the Transaction Documents Other SPAs) unless the same consideration is also offered to all of the parties to this Agreement or unless such Transaction Document. The Company shall not amend or waive any terms consideration consists of warrants and a corresponding adjustment to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out Agreementapplicable purchase price under the Other SPAs. For clarification purposes, this provision constitutes a separate right granted to each Purchaser applicable purchaser (including each Purchaser) by the Company and negotiated separately by each Purchasersuch purchaser, and is intended for the Company to treat the Purchasers applicable purchasers (including each Purchaser) as a class and shall not in any way be construed as the Purchasers such purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities the securities of the Company 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 any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers that are parties to such Transaction Document. The Further, the Company shall not amend or waive make any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including regularly scheduled payment of consideration principal or interest on the Debentures in amounts which are disproportionate to the respective principal amounts outstanding on the Debentures at any applicable time, except for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to payment of interest upon conversion of a Leak-Out AgreementDebenture. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 Documentthis Agreement, the Pre-Funded Warrants, the Class A Common Warrants or the Class B Common Warrants) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of this Agreement, the Transaction Documents Pre-Funded Warrants, the Class A Common Warrants or the Class B Common Warrants unless the same consideration is also offered to all of the parties to such Transaction Document. The Company shall not amend this Agreement the Pre-Funded Warrants, the Class A Common Warrants or waive any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out AgreementClass B Common Warrants, as applicable. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 any of the Transaction Documents unless the same consideration is also offered to all of the parties to such the Transaction DocumentDocuments. The Company shall not amend or waive any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such Transaction Document. The Company shall not amend or waive any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out AgreementDocuments. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 the Securities or Warrant Shares or otherwise. For the avoidance of doubt, participation in an offering of the Company’s securities alone shall not be considered “consideration” for purposes of this Section 4.13 with respect to a Person who has agreed to amend or consent to a waiver or modification of any provision of the Transaction Documents.

Equal Treatment of Purchasers. No Except as otherwise provided for in this Agreement, 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such Transaction DocumentPurchasers. The Further, the Company shall not amend or waive make any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment principal or waiverinterest on the Notes (or Additional Notes) unless in amounts which are disproportionate to the Company ratably amends respective principal amounts outstanding on the Notes (or waives such terms for all Person’s subject to a Leak-Out AgreementAdditional Notes) at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such Transaction Document. The Documents, provided, however, that the participation in subsequent financings of the Company shall not amend or waive be deemed consideration. Further, the Company shall not make any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment principal or waiver) unless interest on the Company ratably amends or waives such terms for all Person’s subject Notes in amounts which are disproportionate to a Leak-Out Agreementthe respective principal amounts outstanding on the Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such the Transaction DocumentDocuments. The Company shall not amend or waive any terms to of any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s Persons subject to a Leak-Out Agreement. For AgreementFor clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 Shares 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such the Transaction DocumentDocuments. The Company shall not amend or waive any terms to any Leak-Out Agreement on terms more for favorable to a Purchaser (including payment of consideration for such amendment or waiver) unless the Company ratably amends or waives such terms for all Person’s subject to a Leak-Out Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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 Except as otherwise provided in the Debenture, 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 the Transaction Documents unless the same consideration is also offered to all of the parties to such Transaction DocumentDocuments. The Further, except as otherwise provided in the Debenture, the Company shall not amend or waive make any terms to any Leak-Out Agreement on terms more favorable to a Purchaser (including payment of consideration for such amendment principal or waiver) unless interest on the Company ratably amends or waives such terms for all Person’s subject Debentures in amounts which are disproportionate to a Leak-Out Agreementthe respective principal amounts outstanding on the Debentures at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by 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.