Common use of Transaction with Shareholders and Affiliates Clause in Contracts

Transaction with Shareholders and Affiliates. Lessee shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder of 10% or more of any class of equity Securities of Lessee or with any Affiliate of Lessee or of any such holder, on terms that are less favorable to Lessee or that Subsidiary, as the case may be, than those that might be obtained at the time from Persons who are not such a holder or Affiliate; provided that the foregoing restriction shall not apply to (i) reasonable and customary fees paid to and indemnification of members of the Boards of Directors of Lessee and its Subsidiaries, (ii) reasonable and customary salaries, bonuses and other compensation paid to and indemnification of employees of Lessee or any of its Subsidiaries in accordance with past practice or approved by the compensation committee of Lessee or (iii) performance by Lessee of its obligations under and in accordance with the Services Agreement.

Transaction with Shareholders and Affiliates. Lessee shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder of 10% or more of any class of equity Securities of Lessee or with any Affiliate of Lessee or of any such holder, on terms that are less favorable to Lessee or that Subsidiary, as the case may be, than those that might be obtained at the time from Persons who are not such a holder or Affiliate; provided that the foregoing restriction shall not apply to (i) reasonable and customary fees paid to and indemnification of members of the Boards of Directors of Lessee and its SubsidiariesSubsi- diaries, (ii) reasonable and customary salaries, bonuses and other compensation paid to and indemnification of employees of Lessee or any of its Subsidiaries in accordance with past practice or approved by the compensation committee of Lessee or (iii) performance by Lessee of its obligations under and in accordance with the Services Agreement.