Equivalent Terms. The Investor shall have the right to participate in the Exchange on the basis of the terms applicable to the Private Exchanges as set forth in the Transaction Documents. In connection with the Private Exchanges, the Investor shall receive the most favorable price (which sale, conversion, exercise, exchange reference or effective price shall not be greater than the price in the Public Exchanges or any other issuances or agreed upon issuances of Common Stock effected or entered into between the Signing Date and the Closing Date) and other material terms offered to any other holder of preferred securities of the Company participating therein; provided that this Section 4.03 shall not apply to (i) any agreement with respect to tax withholding, (ii) regulatory matters or (iii) any Permitted Transactions (as defined below). The UST Exchanges shall be consummated on pricing terms no more favorable to the UST than those set forth in the Transaction Outline.
Equivalent Terms. Any terms equivalent to “controller”, “personal data”, “processing”, and “processor”, as used in this Addendum, have the meanings given in the Israeli Privacy Protection Law.
Equivalent Terms a reference to any New Zealand legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall in respect of any jurisdiction other than New Zealand be deemed to include what most nearly approximates in that jurisdiction to the New Zealand legal term and to any New Zealand statute shall be construed as to include equivalent or analogous laws of any other jurisdiction.
Equivalent Terms. 10, 59 ERISA ......................................................................................................................................................... 10
Equivalent Terms. So long as any of the Stock, the Warrants or Conversion Shares or Warrant Shares are outstanding, and except as provided in Section 4.2(b), (i) the Purchaser shall have the right of co-sale (the "Co-Sale Rights") so that if a Bentley enters into an agreement to sell, in a private transaction, more than 40% of his direct or indirect equity interest in the Company (as of the date of Closing) to a third party, Purchaser shall have the right to participate in such sale on a pro-rata basis (such that the Purchaser shall have the right to sell to such third party an amount of shares of Stock and Conversion Shares and Warrant Shares equal to the product of the number of shares of Stock and Conversion Shares and Warrant Shares then owned by the Purchaser divided by the sum of the number of shares of Stock and Conversion Shares and Warrant Shares then owned or purchasable by the Purchaser and the number of shares of Common Stock of the Company then owned or purchasable by such Bentley multiplied by the number of shares of capital stock proposed to be sold to such third party) on the same terms and conditions, and (ii) notwithstanding the foregoing, the Bentleys (collectively) shall not sell more than 20% of the Company Stock owned by them collectively, or sell any shares where the purchaser would thereafter own more than 20% of the Company's Fully Diluted Shares, unless such transaction also includes an offer for the same price per share (and the same type of consideration and payment terms) for 100% of the Stock and Conversion Shares and Warrant Shares.
