Equal Treatment of Purchaser. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. Further, the Company shall not make any payment of principal or interest on the Notes in amounts which are disproportionate to the respective principal amounts outstanding on the Notes at any applicable time. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser, and is intended for the Company to treat the Purchaser as a class and shall not in any way be construed as the Purchaser acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.
Equal Treatment of Purchaser. The sale and purchase of the Units to a Purchaser under this Agreement is, and shall be, on the same terms and conditions offered all other Purchasers of the Units in the Offering. If the Company offers better terms to any other purchaser of Units in the Offering than are being offered to the Purchasers under this Agreement, including, without limitation, by amendment or modification to this Agreement or otherwise, then the Company shall offer to sell the Units to the Purchaser on the same terms.
Equal Treatment of Purchaser. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of this Agreement unless the same consideration is also offered to all of the parties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to the Purchaser by the Company and negotiated separately by the Purchaser, and is intended for the Company to treat the Purchaser as a class and shall not in any way be construed as the Purchaser acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.
Equal Treatment of Purchaser. Reserved.
Equal Treatment of Purchaser. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents.
Equal Treatment of Purchaser. The sale and purchase of the Securities under this Agreement is, and shall be, on the same terms and conditions offered all other purchasers of the Securities in the Offering. If the Company offers better terms to any other purchaser of Securities in the Offering than are being offered to the Purchaser under this Agreement, including, without limitation, by amendment or modification to this Agreement or otherwise, then the Company shall afford Purchaser offer to sell the Securities to the Purchaser on the same terms.
Equal Treatment of Purchaser. Following the Closing, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same or substantially similar consideration is also offered, mutatis mutandis, on a ratable basis to all of the parties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser, and is intended for the Company to treat the Purchaser as a class and shall not in any way be construed as the Purchaser acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise. Notwithstanding the foregoing, it is agreed that the provisions of this Section 4.10 shall only apply to the purchase and sale transaction contemplated by Section 2.1(a) and not the exchange transaction contemplated by Section 2.1(b).
Equal Treatment of Purchaser. To the extent that (i) the definition of “Material Adverse Effect” (or similar concept or definition) or (ii) any title defect or diligence process with respect to real property (or similar concept) set forth in the ClubCorp Merger Agreement has the effect of granting rights or benefits in favor of the acquiring party thereunder, which rights and benefits are more favorable on the whole than the rights and benefits established in favor of Purchaser by the definition of Material Adverse Effect or Section 6.13 set forth in this Agreement, this Agreement shall be amended in order to adjust, as applicable, (A) the definition of Material Adverse Effect or (B) Section 6.13 herein so that Purchaser receives the same rights and benefits (in their entirety), on a relative proportional basis, as are conferred upon such acquiring party by each of the foregoing under the ClubCorp Merger Agreement.
