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 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 vote, consent, waiver or amendment of any terms or provisions of the Certificate or this Exchange Agreement or the Registration Rights Agreement, unless such consideration is required to be paid to all holders of Preferred Shares 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 Preferred Shares for redemption or conversion. The Company shall not, directly or indirectly, redeem any Preferred Shares or provide other consideration to the holders thereof unless such offer of redemption or consideration is made pro rata to all holders of Preferred Shares on identical terms. The Company will provide each holder of Preferred Shares with 6 Trading Days' advance written notice of any vote, consent, waiver or amendment, whether or not involving such redemption or consideration.

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 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 vote, consent, waiver or amendment of any terms or provisions of the Certificate or this Exchange Agreement or the Registration Rights AgreementAgreement or the Warrants, unless such consideration is required to be paid to all holders of Preferred Shares 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 Preferred Shares for redemption or conversion. The Company shall not, directly or indirectly, redeem any Preferred Shares or provide other consideration to the holders thereof unless such offer of redemption or consideration is made pro rata to all holders of Preferred Shares on identical terms. The Company will provide each holder of Preferred Shares with 6 Trading Days' advance written notice of any vote, consent, waiver or amendment, whether or not involving such redemption or consideration.

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 redemptions redemption or exchange conversion of Preferred SharesDebentures or exercise of the Warrants, or otherwise, to any holder of Preferred SharesDebentures or Warrants, 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 any of the Certificate or this Exchange Agreement or the Registration Rights AgreementTransaction Documents, unless such consideration is required to be paid to all holders of Preferred Shares Debentures and Warrants 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 Preferred Shares Debentures or Warrants for redemption redemption, conversion or conversionexercise. The Company shall not, directly or indirectly, redeem any Preferred Shares or provide other consideration to the holders thereof Debentures unless such offer of redemption or consideration is made pro rata to all holders of Preferred Shares Debentures on identical terms. The Company will provide each holder Any amendments to the terms of Preferred Shares with 6 Trading Days' advance written notice this Agreement may be effected if consented to by a majority in principal amount of any vote, consent, waiver or amendment, whether or not involving such redemption or considerationthe 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 redemptions redemption or exchange conversion of Preferred SharesDebentures or exercise of Warrants, or otherwise, to any holder of Preferred SharesDebentures or Warrants, 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 the Certificate Debenture or this Exchange Agreement or the Registration Rights AgreementAgreement or the Warrants, unless such consideration is required to be paid to all holders of Preferred Shares Debentures and Warrants 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 Preferred Shares Debentures or Warrants for redemption redemption, conversion or conversionexercise. The Company shall not, directly or indirectly, (a) redeem any Preferred Shares or provide other consideration Debentures pursuant to the holders thereof Section 6(a) thereof, unless such an offer of such redemption is made on identical terms pro rata to all holders of Debentures that have identical Conversion Pricing Periods or consideration Post-Conversion Periods, or (b) redeem any Debentures pursuant to Section 6(b) thereof, unless an offer of such redemption is made pro rata to all holders of Preferred Shares Debentures on identical terms. The Company will provide each holder of Preferred Shares with 6 Trading Days' advance written notice of any vote, consent, waiver or amendment, whether or not involving such redemption or consideration.