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.
Appears in 3 contracts
Samples: Stockholders' Agreement (Fairway Group Holdings Corp), Stockholders' Agreement (Fairway Group Holdings Corp), Stockholders' Agreement (Kenan Advantage Group Inc)
Like Treatment of Holders. Neither the Company nor any of its Affiliates 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 stockany Preferred Stock, or otherwise, to any holder of capital stock the Shares for or as an in inducement to, or in connection with solicitation of, any consent, waiver or amendment of any terms or provisions of the capital stock Shares or this Agreement or Agreement, the Registration Rights Agreement, the Warrants or any other agreement entered into herewith, unless such consideration is paid to all holders of capital stock 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 capital stock Shares for redemption or exchange.
Appears in 1 contract
Samples: Stock Purchase Agreement (Digital Video Systems Inc)
Like Treatment of Holders. Neither the Company nor any of its Affiliates affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption redemptions or exchange of capital stockthe Shares, or otherwise, to any holder of capital stock Shares 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 Shares or this Agreement or Agreement, the Registration Rights Agreement, unless such consideration is paid to all holders of capital stock the 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 capital stock Shares for redemption or exchange.
Appears in 1 contract
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Soligen Technologies Inc)
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 redemptions or exchange of capital stockPreferred Shares, or otherwise, to any holder of capital stock Preferred Shares 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 Preferred Shares, this Agreement or the Registration Rights Agreement, Agreement unless such consideration is paid to all holders of capital stock 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 capital stock Preferred Shares for redemption or exchange.
Appears in 1 contract
Samples: Subscription Agreement (Exploration Co of Delaware Inc)
Like Treatment of Holders. Neither the Company nor any of its Affiliates affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee, payment for the redemption redemptions or exchange of capital stockPreferred Stock, or otherwise, to any holder of capital stock Preferred Stock for or as an inducement to, or in connection with the solicitation of, any consent, waiver of or amendment of any terms or provisions of the capital stock Preferred Stock or this Agreement, the Investors' Rights Agreement, the Shareholders' Agreement or the Registration Rights any Ancillary Agreement, unless such consideration is paid to all holders of capital stock 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 capital stock Preferred Stock for redemption or exchange.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Pemstar Inc)
Like Treatment of Holders. Neither the Company nor any of its Affiliates 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 stockany Preferred Stock, or otherwise, to any holder of capital stock the Shares for or as an in inducement to, or in connection with solicitation of, any consent, waiver or amendment of any terms or provisions of the capital stock Shares or this Agreement or Agreement, the Registration Rights Agreement, the Warrants or any other agreement entered into herewith, unless such consideration is paid to all holders of capital stock 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 capital stock Shares for redemption or exchange.exchange.β
Appears in 1 contract
Samples: 8% Series C Convertible Preferred Stock Purchase Agreement