Aggregation of Stock. All shares of Registrable Securities held or acquired by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Aggregation of Stock. All shares held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Series A Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of Common Stock owned or acquired by the Purchaser or its Affiliated entities or persons (assuming full conversion, exchange and exercise of all convertible, exchangeable and exercisable securities into Common Stock) shall be aggregated together for the purpose of determining the availability of any right under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. COMPANY: PROGENITY, INC. By: /s/ Xxxx d’Esparbes Name: Xxxx d’Esparbes Title: Chief Financial Officer Address: 0000 Xx Xxxxx Xxxxxxx Xxxxx Xxxxx 000 Xxx Xxxxx, XX 00000 The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTOR/FOUNDER: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTOR: ATHYRIUM OPPORTUNITIES FUND (A) LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES GP LLC, the General Partner of Athyrium Opportunities Associates LP By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory INVESTOR: ATHYRIUM OPPORTUNITIES FUND (B) LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES GP LLC, the General Partner of Athyrium Opportunities Associates LP By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] INVESTOR: ATHYRIUM OPPORTUNITIES III CO-INVEST 1 LP By: ATHYRIUM OPPORTUNITIES ASSOCIATES CO-INVEST LLC, its General Partner By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory INVESTOR: ATHYRIUM OPPORTUNITIES III ACQUISITION LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES III LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES III GP LLC, its General Partner By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. FOUNDER: /s/ Xxxxx Xxxx Xxxxx Xxxx The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. FOUNDER: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx EXHIBIT A INVESTORS Name/Address/Email/Fax No. No. of Preferred S...
Aggregation of Stock. All shares of the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock or the Series E Preferred Stock, as applicable, held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. The parties have executed this Amended and Restated Investors’ Rights Agreement as of the date first above written. THE COMPANY: ENPHASE ENERGY, INC. Name: /s/ Xxxx Nahi By: Xxxx Nahi Title: President and CEO Address: 000 0xx Xxxxxx Xxxxx 000 Xxxxxxxx, XX 00000 SIGNATURE PAGE TO THE AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT OF ENPHASE ENERGY, INC. The parties have executed this Amended and Restated Investors’ Rights Agreement as of the date first above written. THE INVESTORS: By: /s/ Xxxx Nahi Xxxx Nahi By: /s/ Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxx By: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx By: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx By: /s/ Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx SIGNATURE PAGE TO THE AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT OF ENPHASE ENERGY, INC. The parties have executed this Amended and Restated Investors’ Rights Agreement as of the date first above written. THE INVESTORS: BAY PARTNERS XI, L.P. By: Bay Management Company XI, LLC, General Partner By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx, Manager BAY PARTNERS XI PARALLEL FUND, L.P. By: Bay Management Company XI, LLC, General Partner By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx, Manager Address: 000 Xxxxx Xxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx, XX 00000 SIGNATURE PAGE TO THE AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT OF ENPHASE ENERGY, INC. The parties have executed this Amended and Restated Investors’ Rights Agreement as of the date first above written. THE INVESTORS: MADRONE PARTNERS, L.P. By: Madrone Capital Partners, LLC, its general partner By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Managing Member Address: 0000 Xxxx Xxxx Xxxx Xxxxxxxx 0, Xxxxx 000 Xxxxx Xxxx, XX 00000 SIGNATURE PAGE TO THE AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT OF ENPHASE ENERGY, INC. The parties have executed this Amended and Restated Investors’ Rights Agreement as of the date first above written. THE INVESTORS: ROCKPORT CAPITAL PARTNERS II, L.P. By: RockPort Capital II, L.L.C., its General Partner By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Managing Member Address: c/o RockPort Capital 000 Xxxxxxx Xxxxx...
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons, successor entities, investment funds managed or advised by an Investor, a manager or advisor of an Investor, or an affiliate of such manager or advisor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities (including affiliated investment funds or other entities under common investment management) or persons sharing a common investment advisor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. For the purposes of determining the availability of any rights under this Agreement, the holdings of transferees and assignees of an individual or a partnership who are spouses, ancestors, lineal descendants or siblings of such individual or partners or retired partners of such partnership (including spouses and ancestors, lineal descendants and siblings of such partners or spouses who acquire Common Stock by gift, will or intestate succession) shall be aggregated together with the individual or partnership, as the case may be, for the purpose of exercising any rights or taking any action under this Agreement.
