Common use of Like Treatment of Holders; Redemption Clause in Contracts

Like Treatment of Holders; Redemption. 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 redemption or conversion of the Debentures or exercise of the Warrants, or otherwise, to any holder of Debentures or the Warrants for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions hereof or thereof unless such consideration is required to be paid to all holders 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 Debentures or Warrants for redemption, conversion or exercise. The Company shall not, directly or indirectly, force a conversion of any portion of the Debentures unless such conversion is made applicable to all holders of Debentures.

Like Treatment of Holders; Redemption. 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 redemption or conversion of the Debentures or exercise of the Warrants, or otherwise, to any holder of Debentures or the Warrants Warrants, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions hereof or thereof of the Transaction Documents unless such consideration is required to be paid to all holders of Debentures and Warrants 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 Debentures or Warrants for redemption, conversion or exercise. The Company shall not, directly or indirectly, force a conversion of redeem any portion of the Debentures or Warrants unless such conversion is made applicable to all holders of Debentures.offer of

Like Treatment of Holders; Redemption. 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 redemption or conversion of the Debentures or exercise of the Warrants, or otherwise, to any holder of Debentures or the Warrants Warrants, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions hereof of the Debentures, this Agreement, the Registration Rights Agreement, the Mortgage and Security Agreement or thereof the Warrants, unless such consideration is required to be paid to all holders of Debentures and Warrants 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 Debentures or Warrants for redemption, conversion or exercise. The Company shall not, directly or indirectly, force a conversion of redeem any portion of the Debentures unless such conversion offer of redemption is made applicable pro rata to all holders of DebenturesDebentures on identical terms.

Like Treatment of Holders; Redemption. 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 redemption or conversion of the Debentures or exercise of the Warrants, or otherwise, to any holder of Debentures or the Warrants Warrants, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions hereof or thereof of any of the Transaction Documents, unless such consideration is required to be paid to all holders of Debentures and Warrants 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 Debentures or Warrants for redemption, conversion or exercise. The Company shall not, directly or indirectly, force a conversion of redeem any portion of the Debentures unless such conversion offer of redemption is made applicable pro rata to all holders of Debentures on identical terms. Any amendments to the terms of this Agreement may be effected if consented to by a majority in principal amount of the Debentures.

Like Treatment of Holders; Redemption. 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 redemption or conversion of the Debentures or exercise of the Warrants, or otherwise, to any holder of Debentures or the Warrants Warrants, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment of any terms or provisions hereof of the Debenture or thereof this Agreement or the Registration Rights Agreement or the Warrants, unless such consideration is required offered to be paid to all holders of Debentures and Warrants 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 Debentures or Warrants for redemption, conversion or exercise. The Company shall not, directly or indirectly, force a conversion of redeem any portion of the Debentures or Warrants unless such conversion offer of redemption is made applicable pro rata to all holders of DebenturesDebentures or Warrants, as the case may be, on identical terms.