Common use of Equivalent Terms Clause in Contracts

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. 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 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.