Common use of Equal Treatment of Purchasers Clause in Contracts

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser 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 Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modification. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationany of the Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities Shares or Conversion Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of this Agreement and any Transaction Documentother documents or agreements executed in connection with the transaction contemplated hereunder) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of any of this Agreement unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities securities of the Company or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any the Transaction DocumentDocuments) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents who then own Securities. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of this Agreement and any Transaction Documentother documents or agreements executed in connection with the transaction contemplated hereunder) shall be offered or paid to any Purchaser 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 Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities securities of the Company or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser (or any Affiliate of a Purchaser) to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Following the execution and delivery of this Agreement by the parties hereto, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 to treat for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser 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 Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class with respect to the rights and obligations contained in this Agreement, and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationany of the Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration (on a pro-rata basis) is also offered to all of the Purchasers who are then parties to the Transaction Documents, provided such party holds all or any portion of the Shares purchased pursuant to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Except as contemplated by the Company and the Purchasers prior to the final Closing Date, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Without limiting the scope or effect of the provisions of Article XIII of the Partnership Agreement, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company Partnership and negotiated separately by each Purchaser, and is intended for the Company Partnership to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of the Purchased Securities or otherwise.

Equal Treatment of Purchasers. Each Purchaser has entered into the Agreement on materially equivalent terms. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of any of this Agreement or the Warrant unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Agreements. 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 to treat for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Except with respect to Xxxxxx’x right to designate 1 director and the rights afforded pursuant to Section 4.19 hereof, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser (or any Affiliate of a Purchaser) to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are which then parties to this Agreement for their amendment, consent to a waiver or modificationown any Securities. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who that are then parties to this Agreement for their amendment, consent to a waiver or modificationsuch Transaction Document. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities securities underlying the Units or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of this Agreement or any other Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or any other Transaction Document unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendmentor such other Transaction Document, consent to a waiver or modificationas applicable. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Prior to the Closing Date, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company Fr8 App and Hxxxxx and negotiated separately by each Purchaser, and is intended for the Company Fr8 App and Hxxxxx to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement (but only to the extent such waiver or modification effects the right of such Purchaser) unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Except as set forth in the Transaction Documents, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration (other than the reimbursement of legal fees) is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement Agreement, the Warrants and any other documents or agreements executed in connection with the transactions contemplated hereunder (the “Transaction Documents”), shall be offered or made to any provision of any of the Transaction Documents unless the same consideration waiver or modification is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this the Transaction Documents and the Subscription and Transfer Agreement unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents and the Subscription and Transfer 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Documentthe Agreement) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this the Agreement or the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this the Agreement for their amendmentor such Transaction Documents, consent to a waiver or modificationas applicable. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendmentthe Transaction Documents, consent to a waiver or modificationprovided, however, that the participation in subsequent financings of the Company shall not be deemed consideration. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents (or the Forbearance Agreement) unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents (and the Forbearance Agreement). For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company Biophan and negotiated separately by each Purchaser, and is intended for the Company to treat Biophan and the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement that affects any particular Purchaser unless the same consideration is also offered to all of the such Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents or in consideration of the exchange, redemption or repurchase of any Security unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Documentthis Agreement) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement Agreement, the Common Warrants and the Pre-Funded Warrants unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendmentAgreement, consent to a waiver or modificationthe Common Warrants and the Pre-Funded Warrants. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company and negotiated separately by each Purchaser, Purchaser and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement, the Warrants or the Registration Rights Agreement unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendmentAgreement, consent to a waiver or modificationthe Warrants and the Registration Rights 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities the Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who that are then parties to this Agreement for their amendment, consent to a waiver or modificationsuch Transaction Document. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise. The foregoing shall not include any consideration or agreement with the Series B Preferred purchasers.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class (for the sole purpose of this provision) and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise. A general offer to a group of Persons that includes the Purchasers will be regarded as fulfilling the obligations of the Company under this provision.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Documentthis Agreement) shall be offered or paid to any Purchaser 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 Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modification(other than the Company and other than any Non-Funding Purchaser). 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 Purchasers (other than any Non-Funding Purchaser) as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities Shares or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Documentthis Agreement) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement other than Section 5.7 (or Section 6.5 as it relates to amendments to Section 5.7) unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationAgreement. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration (other than the reimbursement of legal fees) is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent the Transaction Documents and the parties to a waiver or modificationthe Separate 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of this Agreement or any Transaction DocumentOther Investor Agreements) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement or any Other Investor Agreements unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationany Other Investor Agreements. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Except as contemplated by this Agreement, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Purchaser by the Company 24 BOS 47927267v2 and negotiated separately by each Purchaser, and is intended for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision of this Agreement Agreement, the Warrants and any other documents or agreements executed in connection with the transactions contemplated hereunder (the “Transaction Documents”), shall be offered or made to any provision of any of the Transaction Documents unless the same consideration waiver or modification is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each the Purchaser by the Company Issuer and negotiated separately by each Purchaserpurchaser of Units, and is intended for the Company Issuer to treat the Purchasers all such purchasers as a class and shall not in any way be construed as the Purchasers such purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Without limiting the scope or effect of the provisions of Article XII of the Company LLC Agreement, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of the Purchased Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Agreements or in consideration of the exchange, redemption or repurchase of any Security unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Agreements. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered offered, provided and given to all of the Purchasers who that are then parties to this Agreement for their amendment, consent to a waiver or modificationsuch Transaction Document. 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 Purchasers as a class equally and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. No Except as otherwise expressly provided for herein, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser Person to amend or consent to a waiver or modification of any provision of this Agreement any of the Transaction Documents unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Transaction Documents. 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 Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

Equal Treatment of Purchasers. Each Purchaser has entered into the Agreement on materially equivalent terms. No consideration (including any modification of any Transaction Document) shall be offered or paid to any Purchaser person to amend or consent to a waiver or modification of any provision of any of this Agreement unless the same consideration is also offered to all of the Purchasers who are then parties to this Agreement for their amendment, consent to a waiver or modificationthe Agreements. 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 to treat for the Company to treat the Purchasers as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition or voting of Securities the Shares and the Conversion Shares or otherwise.