Common use of Equitable Considerations; Etc Clause in Contracts

Equitable Considerations; Etc. The Company and the Eligible Shareholders agree that it would not be just and equitable if contribution pursuant to this Article IX were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations; Etc. The Company and the Eligible Shareholders Stockholder agree that it would not be just and equitable if contribution pursuant to this Article IX VIII were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations; Etc. The Company and the Eligible Shareholders Stockholder agree that it would not be just and equitable if contribution pursuant to this Article IX VIII were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.. ARTICLE IX COMPLIANCE WITH RULE 144 AND RULE 144A