Example ContractsClausesEqual Treatment
Equal Treatment
Equal Treatment contract clause examples

Equal Treatment. For six (6) months following the date hereof, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Holder to amend or consent to a waiver or modification of any provision of the Existing Warrants unless the same consideration is also offered on a ratable basis to all Holders. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Company securities or otherwise.

Equal Treatment. In connection with any Acquisition Transaction, the price per share of Common Stock received by the Hill Path Affiliates in connection with such Acquisition Transaction shall be identical to the price per share of Common Stock received by the other holders of Common Stock of the Company in connection with such Acquisition Transaction. If the form of consideration per share of Common Stock received by Hill Path Affiliates in connection with any Acquisition Transaction is not identical to the form of consideration per share of Common Stock received by the other holders of Common Stock of the Company, the Hill Path Designees shall recuse themselves from the consideration, evaluation and other processes of the Board or any duly authorized committee thereof with respect to such Acquisition Transaction.

Equal Treatment of Purchasers. 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. 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 Opportunity and ADA. (a)Equal Opportunity. For all construction contracts in excess of $10,000, the Borrower will insure that the General Contractor complies with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented by applicable Department of Labor regulations (41 CFR part 60). (b) Americans with Disabilities Act (ADA): If the construction of or addition to the Project accommodates the public and is a commercial facility, as defined by the ADA, the Project will comply with the ADA.

Equal Rights And Privileges. All eligible employees granted an option under this Plan that is intended to meet the Code [Section 423] requirements will have equal rights and privileges with respect to this Plan or within any separate offering under the Plan so that this Plan qualifies as an “employee stock purchase plan” within the meaning of [Section 423] or any successor provision of the Code and the related regulations. Any provision of this Plan which is inconsistent with [Section 423] or any successor provision of the Code will, without further act or amendment by the Company or the Committee, be reformed to comply with the requirements of [Section 423] (unless such provision applies exclusively to options granted under the Plan that are not intended to comply with the Code [Section 423] requirements). This Section 19 will take precedence over all other provisions in this Plan.

Equal and Ratable Benefit. The Loans and Commitments established pursuant to this Section 2.13 shall constitute Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guaranties and in any granting of Collateral following the occurrence of a Collateral Trigger Event. Following the Collateral Event Trigger Date, subjectthe security interests created by the Pledge Agreement. Subject to Section 6.09, the Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that the Lien and security interests granted by the Pledge Agreement continue to secure all Obligations and continue to be perfected under the UCC or otherwise after giving effect to the establishment of any Incremental Facility or the funding of Loans thereunder.

Equal and Ratable Benefit. The Loans and Commitments established pursuant to this [Section 2.15] shall constitute Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, # benefit equally and ratably from the Guaranty and the Collateral and # not have any borrower or guarantors other than the Borrower and the Guarantors or benefit from any collateral other than the Collateral. Term Loans under any Increased Term Loan Commitments shall have terms identical to the terms of the existing Term Loans (and the existing Term Loan Commitments) of the relevant Term Facility hereunder; provided, however, that # upfront fees or original issue discount may be paid to Lenders providing such Increased Term Loan Commitments as agreed by such Lenders and Borrower, # the conditions applicable to the incurrence of such Increased Term Loan Commitments shall be as provided in this [Section 2.15] and # the Amortization Amount with respect to the Term Loans of the relevant Term Facility shall be increased such that, after giving effect to the incurrence of such Increased Term Loan Commitment, the amount payable pursuant to Section 2.07 with respect to any Term Loans of the relevant Term Facility that were outstanding immediately prior to such incurrence shall not be less than the amount that would have been payable thereunder in the absence of such incurrence. Any Increased Revolving Commitments shall have terms identical to the terms of the existing Revolving Commitments of the relevant Revolving Credit Facility hereunder; provided, however, that # upfront fees may be paid to Lenders providing such Increased Revolving Commitments as agreed by such Lenders and Borrower and # the conditions applicable to the incurrence of such Increased Revolving Commitments shall be as provided in this [Section 2.15].

Tax Treatment. Buyer and Seller acknowledge and agree that for U.S. federal income tax purposes, # the taxable year of the Company will end at the end of the day on the Closing Date (applying the provisions of Treasury Regulations Section 1.1502-76(b)(1)(ii)(A)) and # the Company will become a member of the consolidated group for U.S. federal income tax purposes of which Buyer is included beginning on the day after the Closing Date. The parties agree # to not elect to ratably allocate income and loss items pursuant to Treasury Regulations Section 1.1502-76(b)(2) and (ii) that the end of the day rule in Treasury Regulations Section 1.1502-76(b)(1)(ii)(A) shall apply.

Tax Treatment. Any payment under [Section 2.9], Article VIII or Article IX of this Agreement shall be treated by the parties for U.S. federal, state, local and non-U.S. income Tax purposes as a purchase price adjustment unless otherwise required by applicable law.

Tax Treatment. The Borrower shall treat the Advances as indebtedness of the Borrower (or, so long as the Borrower is treated as a disregarded entity for U.S. federal income tax purposes, as indebtedness of the entity of which it is considered to be a part) for U.S. federal income tax purposes and to file any and all tax forms in a manner consistent therewith.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.