Common use of Amendment of Prior Agreement Clause in Contracts

Amendment of Prior Agreement. Effective and contingent upon execution of this Agreement by the Company and the holders of at least 60% of the Registrable Securities (as defined in the Prior Agreement) held on the date hereof, the Prior Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement, and the Company and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to the subject matter hereof.

Appears in 3 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (SendGrid, Inc.), Registration Rights Agreement (SendGrid, Inc.)

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Amendment of Prior Agreement. Effective The Prior Agreement is hereby amended in its entirety as restated herein. Such amendment and contingent restatement is effective upon the execution of this Agreement by the Company and Company, the holders of at least 60% a majority in interest of the Registrable Securities (Preferred Stock held by the Prior Investors outstanding as defined of the date of this Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement) held on the date hereofAgreement are hereby waived, the Prior Agreement is hereby amended released and restated terminated in its their entirety to read as set forth in this Agreement, and the Company shall have no further force and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to the subject matter hereofeffect.

Appears in 1 contract

Samples: Investor Rights Agreement (Cardica Inc)

Amendment of Prior Agreement. Effective and contingent upon execution of this Agreement by the Company and the holders of at least 60% a majority of the Registrable Securities (on an As Exchanged Basis, as such terms are defined in the Prior Agreement) held on the date hereof, the Prior Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement, and the Company Company, the Common Stockholders and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company Company, the Common Stockholders and the Investors with respect to registration rights of the subject matter hereofCompany’s securities and certain other rights, as set forth herein.

Appears in 1 contract

Samples: ’ Rights Agreement (LDR Holding Corp)

Amendment of Prior Agreement. Effective and contingent upon execution of this Agreement by the Company and the holders of at least 60% of the Registrable Securities (Required Investors, as such term is defined in the Prior Agreement) held on the date hereof, the Prior Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement, and the Company and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to registration rights of the subject matter hereofCompany’s securities and certain other rights, as set forth herein.

Appears in 1 contract

Samples: Registration Rights Agreement (Crossroads Systems Inc)

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Amendment of Prior Agreement. Effective and contingent upon the execution of this Agreement by the Company and the holders of at least 60% of the Registrable Securities (as defined in the requisite Prior Agreement) held on the date hereofInvestors, the Prior Rights Agreement is hereby amended and restated in its entirety to read as set forth in this Agreementherein, and the Company and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to registration rights of the subject matter hereofCompany's securities and certain other rights and obligations set forth herein.

Appears in 1 contract

Samples: Investor Rights Agreement (Usa Net Inc)

Amendment of Prior Agreement. Effective The Prior Agreement is hereby amended and contingent upon superseded in its entirety and restated herein. Upon execution of this Agreement by the Company and the holders Holders of at least 60% a majority of the Registrable Securities (as defined in the Prior Agreement) held on the date hereofthen outstanding, all provisions of, rights granted and covenants made in the Prior Agreement is are hereby amended waived, released and restated superseded in its their entirety to read as set forth in this Agreement, and the Company shall have no further force and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to the subject matter hereofeffect.

Appears in 1 contract

Samples: Investor Rights Agreement (Xactly Corp)

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