Common use of Amendment and Waiver of Rights Clause in Contracts

Amendment and Waiver of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding Shares representing and/or convertible into a majority of all the Investors’ Shares. As used herein, the term “Investors’ Shares” shall mean the shares of Common Stock then issuable upon conversion of all then outstanding Shares issued under the Series A Agreement plus all then outstanding shares issued upon the conversion of any Shares issued under the Series A Agreement. Any amendment or waiver effected in accordance with this Section 4.1 shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Startengine Crowdfunding, Inc.), Investors’ Rights Agreement (Startengine Crowdfunding, Inc.), Investors’ Rights Agreement (Startengine Crowdfunding, Inc.)

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Amendment and Waiver of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding Shares shares representing and/or convertible into a majority of all the Investors’ SharesShares (as defined below). As used herein, the term “Investors’ Shares” shall mean the shares of Common Stock then issuable upon conversion of all then outstanding Shares shares issued under the Series Seed Subscription Agreement and Series A Subscription Agreement plus all then outstanding shares issued upon the conversion of any Shares shares issued under the Series Seed Subscription Agreement and Series A Subscription Agreement. Any amendment or waiver effected in accordance with this Section 4.1 6.1 shall be binding upon each Investor, each Holder, including each permitted successor or assignee of such Investor or Holder and the CompanyInvestor.

Appears in 2 contracts

Samples: Investor Rights Agreement (Gatsby Digital, Inc.), Investor Rights Agreement (Gatsby Digital, Inc.)

Amendment and Waiver of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding Shares representing and/or convertible into a majority of all the Investors’ SharesShares (as defined below). As used herein, the term “Investors’ Shares” shall mean the shares of Common Stock then issuable upon conversion of all then outstanding Shares issued under the Series A Seed-B Agreement plus all then outstanding shares issued upon the conversion of any Shares issued under the Series A Seed-B Agreement. Any amendment or waiver effected in accordance with this Section 4.1 shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investors’ Rights Agreement (TriplePulse, Inc.)

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Amendment and Waiver of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding Shares representing and/or convertible into a majority of all the Investors’ Shares' Shares (as defined below). As used herein, the term "Investors' Shares" shall mean the shares of Common Stock then issuable upon conversion of all then outstanding Shares issued under the Series A Seed Agreement plus all then outstanding shares issued upon the conversion of any Shares issued under the Series A Seed Agreement. Any amendment or waiver effected in accordance with this Section 4.1 5.1 shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investors' Rights Agreement (TriplePulse, Inc.)

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