Addition of Purchasers. The Seller may, with the written consent of the Administrator and each Purchaser Agent, add additional Persons as Purchasers (either to an existing Purchaser Group or by creating new Purchaser Groups) or cause an existing Purchaser to increase its Commitment in connection with a corresponding increase in the Purchase Limit; provided, however, that the Commitment of any Purchaser may only be increased with the prior written consent of such Purchaser. Each new Purchaser (or Purchaser Group) shall become a party hereto, by executing and delivering to the Administrator and the Seller, an Assumption Agreement in the form of Annex C hereto (which Assumption Agreement shall, in the case of any new Purchaser or Purchasers, be executed by each Person in such new Purchaser’s Purchaser Group).
Addition of Purchasers as Parties to the Agreement. This Agreement as amended by the Amendment may be executed in one or more counterparts in order to add additional individuals and entities purchasing the Series B Preferred directly from the Company as "Purchasers" hereunder. The parties to this Agreement as amended by the Amendment agree that such purchasers of the Series B Preferred may be added as "Purchasers" and parties to this Agreement as amended by the Amendment, by the execution of a counterpart copy of the Amendment executed by the Company and one or more individuals and/or entities purchasing the Series B Preferred directly from the Company. This Agreement and the Amendment, including all counterparts of the Amendment signed by individuals or entities purchasing the Series B Preferred directly from the Company, shall be considered one agreement which shall be enforceable by all parties to those documents. This Agreement may be executed by facsimile signatures.
13. Nortel Networks and the individuals and entities listed on Exhibit A to the Agreement hereby consent to the grant to the holders of the Company's Series B Redeemable Convertible Participating Preferred Stock, $0.01 par value per share, of the registration rights pursuant to this Amendment and hereby waive the limitation contained in Section 2.9(b) of the Agreement for the limited purpose of entering into this Amendment.
14. This Amendment shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of laws of any other jurisdiction.
Addition of Purchasers. Each purchaser of shares of Series C Preferred Stock of the Company under Section 2.2 of the Purchase Agreement shall become a party to and an "Other Investor" under this Agreement upon the closing of its purchase of shares of Series C Preferred Stock thereunder and its execution of a counterpart signature page to this Agreement.
Addition of Purchasers. The Seller may, with written notice to the Administrative Agent and each Purchaser, add additional Persons as Purchasers or cause an existing Purchaser to increase its Commitment; provided, however, that the Commitment of any existing Purchaser may only be increased with the prior written consent of such Purchaser. Each new Purchaser shall become a party hereto, by executing and delivering to the Administrative Agent and the Seller, an assumption agreement (each, an “Assumption Agreement”) in the form of Exhibit D hereto (which Assumption Agreement shall, in the case of any new Purchaser, be executed by such Purchaser).
Addition of Purchasers. Each purchaser of Series A Preferred Stock of the Company under the Series A Preferred Stock Purchase Agreement of November 18, 1997 shall become a party to and a Series A Purchaser under this Agreement upon its execution of a counterpart signature page to this Agreement. Each purchaser of Series B Preferred Stock of the Company under the Series B Preferred Stock Purchase Agreement of September 23, 1998 shall become a party to and a Series B Purchaser under this Agreement upon the execution of a counterpart signature page to this Agreement. Each purchaser of Series C Preferred Stock of the Company under the Series C Preferred Stock Purchase Agreement of September 10, 1999 shall become a party to and a Series C Purchaser under this Agreement upon the execution of a counterpart signature page to this Agreement. Each purchaser of Series D Preferred Stock of the Company under the Series D Preferred Stock Purchase Agreement of even date herewith shall become a party to and a Series D Purchaser under this Agreement upon the closing of its purchase of Series D Preferred Stock thereunder and its execution of a counterpart signature page to this Agreement.
Addition of Purchasers. Each Purchaser of Series F Stock of the Company under the Series F Purchase Agreement shall become a party to this Agreement upon the Closing of its purchase of Series F Stock thereunder and his or its execution of a counterpart signature page to this Agreement. Promptly after each such Closing, the Company shall update Schedule 1 hereto to reflect the name and address of such Purchaser and the number of shares of Series F Stock so purchased.
Addition of Purchasers. Upon satisfaction of the conditions precedent set forth in Section 8 hereof, each of Xxxxxxxx and Three Pillars shall be deemed a party to the Primary Purchase Agreement (without further action) as a Purchaser and shall have all of the rights, duties and obligations of a party to the Primary Purchase Agreement.
Addition of Purchasers. The Seller may, with the written ---------------------- consent of the Funding Agents (not to be unreasonably withheld), add additional Persons as Purchasers (either to an existing group of related Purchasers or by creating a new group of related Purchasers and a Funding Agent) or cause an existing Purchaser to increase its Commitment in connection with a corresponding increase in the Facility Limit; provided, however, that the -------- ------- Commitment of any Purchaser may only be increased with the consent of such Purchaser. Each new Purchaser (or group of related Purchasers) and each Purchaser increasing its Commitment shall become a party hereto or increase its Commitment, as the case may be, by executing and delivering to each Funding Agent and the Seller an Assumption Agreement (each, an "Assumption Agreement") -------------------- in the form of Exhibit VI hereto (which Assumption Agreement shall, in the case ---------- of any new Purchaser or Purchasers be executed by each Person (including the related Funding Agent) in such new Purchaser's group of related Purchasers).
Addition of Purchasers. Each purchaser of shares of Series E Preferred Stock of the Company under Section 2.2 of the Series E Purchase Agreement shall become a party to and an “Investor” under this Agreement upon the closing of its purchase of shares of Series E Preferred Stock thereunder and its execution of a counterpart signature page to this Agreement.
Addition of Purchasers as Parties to the Preferred Subordination Agreement. The parties hereto hereby consent to and approve of the addition of the Purchasers as parties to the Preferred Subordination Agreement, and acknowledge and agree that such Purchasers shall be bound by all of the terms and conditions of such agreement, as amended hereby and as from time to time in effect, and that such terms and conditions shall inure to the benefit of the Purchasers.
