Equivalent Treatment. Post commencement of operations of the Airport GoI shall not act or omit to act in a manner which discriminates against the Airport or BIAL in a way that provides other Major Airports with an unfair competitive advantage when compared to the Airport or BIAL, as the case may be. [For the purpose of this Article, “discrimination” refers only to the passage of administrative or executive orders that are discriminatory in nature in relation to the Airport and/or BIAL vis-à-vis other Major Airports and/or other airport operators but does not include the passage of laws or statutory, administrative or executive orders in relation to fiscal or tax matters It is clarified that for facilitating the establishment of another Major Airport the GoI (or any of its ministries and departments) provides concessions or grants of finance, land or other facilitation to establish such Major Airport the same shall not constitute discrimination for this Article.

Equivalent Treatment. Except for the preferential treatment to be afforded to Transcap described herein, each of the Old Scottsdale Creditors shall be treated as favorably as the other Old Scottsdale Creditors are treated with respect to the payment of royalties required to be paid to the Old Scottsdale Creditors.

Equivalent Treatment. The Company shall not make an offer to a holder of a DCC Note unless it makes an equivalent offer to all holders of DCC Notes.

Equivalent Treatment. (a) The Company has advised the Investor that the Company has entered into that certain Investment Agreement dated May 26, 2008 (as the same has been amended by that certain First Amendment to Investment Agreement dated May 29, 2008, the “TRT Investment Agreement”) with TRT Holdings, LLC (“TRT”), pursuant to which TRT has purchased Common Stock and will purchase shares of the Company’s preferred stock. The Company hereby represents and warrants to the Investor that (i) except as previously disclosed in the Company’s public filings with the Securities and Exchange Commission, there are no agreements, side letters or understandings in existence or contemplated between the Company and TRT or its affiliates regarding an investment in the Company, the purchase or sale of debt or equity securities issued by the Company or otherwise regarding the matters that are the subject of the TRT Investment Agreement, or amending or supplementing the TRT Investment Agreement, and (ii) the preferred stock to be issued to TRT or its affiliates pursuant to the TRT Investment Agreement will be of the same series to be purchased by the Investor under the Investment Agreement.

Equivalent Treatment. The Company hereby represents and warrants to each Party and agrees that the terms hereof are no less favorable in all material respects to the settlement terms agreed, or to be agreed, with each other Original Purchaser and/or Liquidated Damages Holder. [Signature Pages Follow]

Related to Equivalent Treatment

Consistent Treatment Unless and until there has been a Final Determination to the contrary, each Party agrees not to take any position on any Tax Return, in connection with any Tax Contest or otherwise that is inconsistent with (i) the treatment of payments between the Parent Group and the SpinCo Group as set forth in Section 5.4, (ii) the Tax Materials or (iii) the Intended Tax Treatment.
Treatment The Asset Representations Reviewer agrees to hold and treat Confidential Information given to it under this Agreement in confidence and under the terms and conditions of this Section 4.08, and will implement and maintain safeguards to further assure the confidentiality of the Confidential Information. The Confidential Information will not, without the prior consent of the Issuer and the Servicer, be disclosed or used by the Asset Representations Reviewer, or its officers, directors, employees, agents, representatives or affiliates, including legal counsel (collectively, the “Information Recipients”) other than for the purposes of performing Reviews of Review Receivables or performing its obligations under this Agreement. The Asset Representations Reviewer agrees that it will not, and will cause its Affiliates to not (i) purchase or sell securities issued by the Seller or its Affiliates or special purpose entities on the basis of Confidential Information or (ii) use the Confidential Information for the preparation of research reports, newsletters or other publications or similar communications.
Reorganization Treatment Neither the Company nor any Company Subsidiary has taken or agreed to take any action that would prevent the Merger from constituting a reorganization qualifying under the provisions of Section 368(a) of the Code.
Preference Issues If any Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to disgorge, turn over or otherwise pay any amount to the estate of the Company or any other Grantor (or any trustee, receiver or similar Person therefor), because the payment of such amount was declared to be fraudulent or preferential in any respect or for any other reason, any amount (a “Recovery”), whether received as proceeds of security, enforcement of any right of setoff or otherwise, then the Senior Obligations shall be reinstated to the extent of such Recovery and deemed to be outstanding as if such payment had not occurred and the Senior Secured Parties shall be entitled to the benefits of this Agreement until a Discharge of Senior Obligations with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto. Each Second Priority Representative, for itself and on behalf of each Second Priority Debt Party under its Second Priority Debt Facility, hereby agrees that none of them shall be entitled to benefit from any avoidance action affecting or otherwise relating to any distribution or allocation made in accordance with this Agreement, whether by preference or otherwise, it being understood and agreed that the benefit of such avoidance action otherwise allocable to them shall instead be allocated and turned over for application in accordance with the priorities set forth in this Agreement.
Federal Tax Treatment Notwithstanding anything to the contrary contained in this Agreement or any document delivered herewith, all persons may disclose to any and all persons, without limitation of any kind, the federal income tax treatment of the Notes, any fact relevant to understanding the federal tax treatment of the Notes, and all materials of any kind (including opinions or other tax analyses) relating to such federal tax treatment.
Treatment of Shares Section 2.1 Effect of the Merger on Capital Stock.............................2 Section 2.2 Exchange of Certificates..........................................6
Equal Treatment No consideration 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 and paid to all the Subscribers and their permitted successors and assigns.
No Guarantees Regarding Tax Treatment Participants (or their beneficiaries) shall be responsible for all taxes with respect to the Restricted Shares. The Committee and the Company make no guarantees regarding the tax treatment of the Restricted Shares. Neither the Committee nor the Company has any obligation to take any action to prevent the assessment of any tax under Section 409A of the Code or Section 457A of the Code or otherwise and none of the Company, any Subsidiary or Affiliate, or any of their employees or representatives shall have any liability to a Participant with respect thereto.

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