Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption or exchange of Securities, or otherwise, to any holder of Securities, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions of the Securities or this Agreement, unless such consideration is required to be paid to all holders of Securities bound by such consent, waiver or amendment whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their Securities for redemption or exchange. The Company shall not, directly or indirectly, redeem any Securities unless such offer of redemption is made pro rata to all holders of Securities on identical terms.
Like Treatment of Holders. Neither the Company nor any of its Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption or exchange of capital stock, or otherwise, to any holder of capital stock for or as an inducement to, or in connection with solicitation of, any consent, waiver or amendment of any terms or provisions of the capital stock or this Agreement or the Registration Rights Agreement, unless such consideration is paid to all holders of capital stock bound by such consent, waiver or amendment, whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their capital stock for redemption or exchange.
Like Treatment of Holders. The Company shall not directly or indirectly pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption or exchange of Preferred Stock, or otherwise to any holder of Preferred Stock for or as inducement to, any consent, waiver or amendment of any term or provision of the Preferred Stock, this Agreement or the Investor Rights Agreement unless equivalent consideration is offered on equivalent terms and conditions to all Purchasers of Preferred Stock under this Agreement bound by such consent, waiver or amendment.
Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemptions or exchange of Preferred Shares, or otherwise, to any holder of Preferred Shares, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions of the Preferred Shares or this Agreement or the Registration Rights Agreement, unless such consideration is required to be paid to all holders of Preferred Shares bound by such consent, waiver or amendment whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their Preferred Shares for redemption or exchange. The Company shall not, directly or indirectly, redeem any Preferred Shares unless such offer of redemption is made pro rata to all holders of Preferred Shares on identical terms.
Like Treatment of Holders. Neither CDRD nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee or otherwise, to any holder of Registrable Securities or holder of Preferred Shares for or as an inducement to any consent, waiver or amendment of any terms or provisions of the Registrable Securities or Preferred Shares, this Agreement or the Escrow Agreement (if any), unless such consideration is offered to be paid or agreed to be paid to all holders of Registrable Securities and holders of Preferred Shares which so consent, waive or agree to amend in the time frame set forth in solicitation documents relating to such consent, waiver or agreement. Neither CDRD nor any of its affiliates shall, directly or indirectly, redeem or repurchase any Registrable Securities or Preferred Shares unless such offer of redemption or repurchase is made pro rata to all holders of Registrable Securities and holders of Preferred Shares on identical terms.
Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption or exchange of Notes or the Warrants, or otherwise, to any holders of Notes or Warrants, as the case may be, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions of the Notes or the Warrants or this Agreement, unless such consideration is required to be paid to all holders of Notes or Warrants, as the case may be, bound by such consent, waiver or amendment whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their Notes or Warrants, as the case may be, for redemption or exchange. The Company 37 38 shall not, directly or indirectly, redeem any Notes unless such offer of redemption is made pro rata to all holders of Notes on identical terms. The Company shall not, directly or indirectly, redeem any Warrants unless such offer of redemption is made pro rata to all holders of Warrants on identical terms.
Like Treatment of Holders. Neither CIC nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemptions or exchange of Preferred Shares, or otherwise, to any holder of Preferred Shares, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions of the Preferred Shares or this Agreement or the Registration Rights Agreement, unless such consideration is required to be paid to all holders of Preferred Shares bound by such consent, waiver or amendment whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their Preferred Shares for redemption or exchange. CIC shall not, directly or indirectly, redeem any Preferred Shares unless such offer of redemption is made pro rata to all holders of Preferred Shares on identical terms.
Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption or the conversion of the Preferred Stock, or otherwise, to any holder of shares of Preferred Stock, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions of the Series R Certificate of Designation, the Series S Certificate of Designation, this Agreement, the Registration Rights Agreement or the Side Letter Agreements, unless such consideration is offered to all holders of shares of Preferred Stock and such consideration is required to be paid to all holders of shares of Preferred Stock who agree to such consent, waiver or amendment or tender their Preferred Stock for redemption or conversion. GEOTEK COMMUNICATIONS, INC. By: /s/ Xxxxx Xxxxx --------------------------------- Xxxxx Xxxxx Chairman and CEO Investors: Investor's Representative: Investor: RGC International Investors, LDC By: Xxxx Xxxx Capital Management, L.P., as Investment Manager By: RGC General Partner Corp., as general partner By: /s/ Xxxxx X. Xxxxx ------------------------------- Xxxxx X. Xxxxx, Managing Director Address: x/x Xxxx Xxxx Xxxxxxx Management, L.P. Three Bala Plaza (East) Place of Execution: Pennsylvania Xxxxx 000 Xxxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Place of Organization or Citizenship: Cayman Islands Fax: (000) 000-0000 Place of Residency and/or Principal Place of Business: Cayman Islands Telephone: (000) 000-0000 Fax: (000) 000-0000 Registration Instructions: RGC International Investors, LDC
Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, pay or cause to be paid any consideration (immediate or contingent), whether by way of interest, fee, payment for the exchange of Transfer Restricted Securities, or otherwise, to any Holder, for or as an inducement to, or in connection with the solicitation of, any vote, consent, waiver or amendment of any terms or provisions of this Agreement, unless such consideration is required to be paid to all Holders bound by such vote, consent, waiver or amendment whether or not such Holders so consent, vote, waive or agree to amend and whether or not such Holders tender their Transfer Restricted Securities for redemption or conversion. Notwithstanding the foregoing, the Company may pay or cause to be paid consideration to any Holder in connection with any transaction the purpose of which is not to induce or solicit any vote, consent, waiver or amendment of any terms or provisions of this Agreement. [Remainder of this page is blank.]
Like Treatment of Holders. Neither the Company nor any of its affiliates shall, directly or indirectly, without the consent of the Board of Directors including the approval of a majority of the Preferred Directors, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemptions or exchange of Series A, Series B, Series C, Series D or Series E Preferred Stock (together, the "Preferred Stock"), or otherwise, to any holder of Preferred Stock for or as an inducement to, or in connection with solicitation of, any consent, waiver or amendment of any terms or provisions of the Preferred Stock bound by such consent, waiver or amendment, whether or not such holders so consent, waive or agree to amend and whether or not such holders tender their Preferred Stock for redemption or exchange.
