Common use of Most Favored Nation Clause in Contracts

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an “Amendment Document”), is or will be more favorable to such Person than those of the Investor and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 shall apply similarly and equally to each Amendment Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Document), provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 14 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, agreement, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 24 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an “Amendment a "Settlement Document”"), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 6.6 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this AgreementAmendment. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement Amendment shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement Amendment shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 3(e) shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 13 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 4(b) shall apply similarly and equally to each Amendment Settlement Document.. Notwithstanding the foregoing, the Investor acknowledges and agrees that any forbearance agreement entered into with the other holders of the Notes prior to the date hereof, shall not constitute a Settlement Document under this Section 4(b). [Signature Page Follows]

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this AgreementConsent. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement Consent shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement Consent shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 9 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this AgreementAmendment No. 2. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement Amendment No. 2 shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement Amendment No. 2 shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 8 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby exchange of Preferred B Stock for shares of Common Stock (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 4(b)(xiv) shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the termsPurchase (each, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (ia) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (iib) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 11 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this AgreementConsent. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement Consent shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement Consent shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 8 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Buyer and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Buyer immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Buyer or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Buyer shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Buyer may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Buyer as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorBuyer. The provisions of this Section 17 8(l) shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 23 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 14 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 25 shall apply similarly and equally to each Amendment Settlement Document.

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 17 5(s) shall apply similarly and equally to each Amendment Settlement Document.. [Signature Page Follows]

Most Favored Nation. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Person with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each an each, a “Amendment Settlement Document”), is or will be more favorable to such Person than those of the Investor Holder and this Agreement. If, and whenever on or after the date hereof, the Company enters into an Amendment a Settlement Document, then (i) the Company shall provide written notice thereof to the Investor Holder immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Amendment Settlement Document, provided that upon written notice to the Company at any time the Investor Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the InvestorHolder. The provisions of this Section 17 7.5 shall apply similarly and equally to each Amendment Settlement Document.