Like Treatment of Purchasers and Holders. Neither the Seller 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 redemption, conversion or exercise of the Securities, or otherwise, to any Purchaser or holder of Securities, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment to any terms or provisions of this Agreement or the Related Documents, unless such consideration is required to be paid to all Purchasers or holders of Securities bound by such consent, waiver or amendment. The Seller shall not, directly or indirectly, redeem any Securities unless such offer of redemption is made pro rata to all Purchasers or holders of Securities, as the case may be, on identical terms.
Appears in 22 contracts
Samples: Convertible Note and Warrant Purchase Agreement (LOCAL Corp), Convertible Note and Warrant Purchase Agreement (Netsol Technologies Inc), Preferred Stock and Warrant Purchase Agreement (Avatech Solutions Inc)
Like Treatment of Purchasers and Holders. Neither the Seller 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, conversion or exercise of the Securities, or otherwise, to any Purchaser or holder of Securities, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment to of any terms or provisions of this Agreement or the Related DocumentsAgreements, unless such consideration is required to be paid to all Purchasers or holders of Securities bound by such consent, waiver or amendment. The Seller Company shall not, directly or indirectly, redeem any Securities unless such offer of redemption is made pro rata to all Purchasers or holders of Securities, as the case may be, on identical terms.
Appears in 2 contracts
Samples: Purchase Agreement (Trinity Biotech PLC), Purchase Agreement (Nexmed Inc)
Like Treatment of Purchasers and Holders. Neither the Seller 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, conversion of Preferred Shares or exercise of the SecuritiesWarrants, or otherwise, to any Purchaser or holder of Securities, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment to of any terms or provisions of this Agreement or the Related Transaction Documents, unless such consideration is required to be paid to all Purchasers or holders of Securities bound by such consent, waiver or amendment. The Seller Company shall not, directly or indirectly, redeem any Securities unless such offer of redemption is made pro rata to all Purchasers or holders of Securities, as the case may be, on identical terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vaxgen Inc), Securities Purchase Agreement (Chromavision Medical Systems Inc)
Like Treatment of Purchasers and Holders. Neither the Seller 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, conversion or exercise of the Securities, or otherwise, to any pay a Purchaser or holder of Securities, for or as an inducement to, or in connection with the solicitation of, any consent, waiver or amendment to of any terms or provisions of this Agreement or the Related Documentsany other agreement contemplated hereby, unless such consideration is required to be paid to all Purchasers or holders of Securities bound by such consent, waiver or amendment. The Seller Company shall not, directly or indirectly, redeem any Securities (including, without limitation, pursuant to the terms of the Notes) unless such offer of redemption is made pro rata to all Purchasers or holders of Securities, as the case may be, on identical terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (Inkine Pharmaceutical Co Inc)