Common use of Equitable Considerations Clause in Contracts

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f) of the ▇▇▇▇ ▇▇▇) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable consideration considerations referred to in the immediately preceding paragraph. No person guilty of committing fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the ▇▇▇▇ ▇▇▇Securities Act) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent each agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the ▇▇▇▇ ▇▇▇1933 Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f) of the ▇▇▇▇ ▇▇▇1933 Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 12 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable consideration considerations referred to in the immediately preceding paragraph. No person guilty of committing fraudulent misrepresentation (within the meaning of Section 11 (f1 1(f) of the ▇▇▇▇ ▇▇▇Securities Act) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent each agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the ▇▇▇▇ ▇▇▇Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f) of the ▇1▇▇▇ ▇▇▇) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the ▇▇▇▇ ▇▇▇Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.