Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by the Investors holding at least a majority in interest of the shares of Restricted Stock then held by Investors, the Company covenants and agrees that until the consummation of a Qualified Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Appears in 3 contracts
Samples: Investor Rights Agreement (Helicos Biosciences Corp), Investor Rights Agreement (Versant Ventures II LLC), Investor Rights Agreement (Helicos Biosciences Corp)
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by the Investors holding holders of at least a majority in interest of the shares of Restricted Stock then held by InvestorsPreferred Shares (voting together as a single class and not as separate series and on an as-converted basis), the Company covenants and agrees that until the consummation of a Qualified Public Offering an IPO it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Appears in 2 contracts
Samples: Investor Rights Agreement (Glycomimetics Inc), Investor Rights Agreement (Glycomimetics Inc)
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by vote or written consent of the Investors holding at least Requisite Vote or the Board of Directors, which includes a majority in interest of the shares of Restricted Stock then held by InvestorsPreferred Directors, the Company covenants and agrees that until the consummation of a Qualified Initial Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Mevion Medical Systems, Inc.)
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a12(a) are waived in any instance by the Investors holding holders of at least a majority seventy percent (70%) in interest of the then outstanding shares of Restricted Preferred Stock then held by Investors(on an as-converted to Common Stock basis), the Company covenants and agrees that that, until the consummation of a Qualified Public Offering Offering, it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Appears in 1 contract
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by the Investors holding at least a majority holders of seventy-five percent (75%) in interest of the shares holders of Restricted Stock then held by InvestorsPreferred Stock, the Company covenants and agrees that until the consummation of a Qualified Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Appears in 1 contract
Samples: Investor Rights Agreement (Supernus Pharmaceuticals Inc)
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by the Investors holding at least a majority holders of two-thirds (66 2/3%) in interest of the shares holders of Restricted Stock then held by InvestorsPreferred Stock, the Company covenants and agrees that until the consummation of a Qualified Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:β
Appears in 1 contract
Samples: Investor Rights Agreement (Supernus Pharmaceuticals Inc)
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a12(a) are waived in any instance by the Investors holding at least holders of a majority in interest of the shares holders of Restricted Stock then held by InvestorsRegistrable Securities, the Company covenants and agrees that until the consummation of a Qualified Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
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