Amendment of Registration Rights Agreement. (a) The fourth sentence of the definition of “Affiliate” set forth in Section 1 of the Registration Rights Agreement is hereby amended and restated in its entirety to read as follows: Notwithstanding anything in the foregoing to the contrary, HOH and its respective Affiliates (other than the General Partner or any Group Member), on the one hand, NGL Holdings and its Affiliates (other than the General Partner or any Group Member), on another hand, the IEP Group and their respective Affiliates (other than the General Partner or any Group Member), on another hand, the Xxxxxxxx Group and their respective Affiliates (other than the General Partner or any Group Member), on another hand, and SemStream and its Affiliates (other than the General Partner or any Group Member), on the other hand, will not be deemed to be Affiliates of one another hereunder unless there is a basis for such Affiliation independent of their respective Affiliation with any Group Member, the General Partner or any Affiliate (disregarding the immediately preceding sentence) of any Group Member or the General Partner.
Amendment of Registration Rights Agreement. The Company and the Holder are parties to the Registration Rights Agreement dated June 5, 1997, as amended (the "1997 Registration Rights Agreement") between the Company and the Holder, and other holders of Convertible Notes and Warrants. In the event the Holder exchanges its Warrants for Common Shares in accordance with this Article V, the Company and the Holder agree that Section 1.3 of the 1997 Registration Rights Agreement, which section defines the Company's securities the holders of which are entitled to the rights and benefits of the Registration Rights Agreement, is amended to include in the definition of "Registrable Securities" the Exchange Shares to be received by the Holder in exchange for its Warrants as provided herein.
Amendment of Registration Rights Agreement. (a) The introductory paragraph of the Registration Rights Agreement is hereby amended to delete “(the “Major Holders”)”.
Amendment of Registration Rights Agreement. Effective as of the Closing, Section 2(b)(iii) of the Registration Rights Agreement shall be amended in its entirety to read as follows:
Amendment of Registration Rights Agreement. The Company and the Holder agree that the Registration Rights Agreement dated December 17,1999 to which the Holder is a party is amended to include in the definition of "Registrable Securities" the Exchange Shares to be received by the Holder in exchange for its Warrants as provided herein.
Amendment of Registration Rights Agreement. The first sentence of Section 8.1 of the Registration Rights Agreement is hereby amended and restated to read as follows: “The Receiver and the Wood River Entities shall not sell, distribute or otherwise dispose of any of the WR Common Stock until the consummation of an Underwritten Offering or a Registered Direct Offering resulting in the sale of at least the Minimum Number of shares of WR Common Stock; provided, however, that this restriction shall not apply to (i) public resales of WR Common Stock pursuant to Rule 144 under the Securities Act of 1933, as amended, (ii) to any transfer by any Wood River Entity to another Wood River Entity or (iii) to the sales of WR Common Stock to the Company contemplated by that certain Stock Purchase Agreement, dated as of December [___], 2007, by and between the Company, certain Wood River Entities, and for limited purposes, the Receiver (the “Endwave Stock Purchase Agreement”) or (iv) to the sales of WR Common Stock by the Wood River Entities to the Permitted Investors (as such term is defined in the Endwave Stock Purchase Agreement).” Furthermore, the Receiver and the Company agree that, notwithstanding anything to the contrary set forth in the Registration Rights Agreement, the Wood River Entities (as defined in the Registration Rights Agreement) shall not have any obligation to pay any amounts contemplated by Section 5.3 of the Registration Rights Agreement. Immediately following the Closing, the Registration Rights Agreement shall terminate in its entirety and such agreement and all rights and obligations thereunder shall be of no further force and effect.
Amendment of Registration Rights Agreement. (a) The following defined terms shall be added to Section 1 of the Registration Rights Agreement:
Amendment of Registration Rights Agreement. The Company, the Shareholders, Apollo and Blackstone agree that, concurrent with the execution and delivery of a definitive purchase agreement with respect to the Additional Shares, they (together with any additional designees of Apollo or Blackstone who purchase any Additional Shares) will enter into an Amended and Restated Registration Rights Agreement substantially identical to the Registration Rights Agreement but reflecting the following modifications. The effectiveness of such amendment will be conditioned on issuance of the Additional Shares to Apollo, Blackstone and any of their designees as contemplated by the Commitment Letter. The Company represents that the amendments to the Registration Rights Agreement contemplated hereby have been approved by a majority of the directors of the Company other than the Shareholder Designees.
Amendment of Registration Rights Agreement. (a) The fourth sentence of the definition of “Affiliate” set forth in Section 1 of the Registration Rights Agreement is hereby amended and restated in its entirety to read as follows: Notwithstanding anything in the foregoing to the contrary, (i) HOH and its respective Affiliates (other than the General Partner or any Group Member), on the one hand, (ii) NGL Holdings and its Affiliates (other than the General Partner or any Group Member), on another hand, (iii) the IEP Group and their respective Affiliates (other than the General Partner or any Group Member), on another hand, (iv) the Xxxxxxxx Group and their respective Affiliates (other than the General Partner or any Group Member), on another hand, (v) SemStream and its Affiliates (other than the General Partner or any Group Member), on another hand, (vi) the Pacer Propane Group and their respective Affiliates, on another hand, (vii) Downeast and its Affiliates (other than the General Partner or any Group Member), on another hand, (viii) NGP and its Affiliates (other than the General Partner or any Group Member), on another hand, (ix) Enstone and its Affiliates (other than the General Partner or any Group Member), on another hand, (x) the Xxxxxx Investors and each of their Affiliates, on another hand, (xi) OWL and its Affiliates, on another hand, and (xii) Xx. Xxxxxx and his Affiliates, on another hand, will not be deemed to be Affiliates of one another hereunder unless there is a basis for such Affiliation independent of their respective Affiliation with any Group Member, the General Partner or any Affiliate (disregarding the immediately preceding sentence) of any Group Member or the General Partner.
Amendment of Registration Rights Agreement. The Buyers representing the Required Holders and the Company agree to amend Section 2(e) of the Registration Rights Agreement to add the following sentence: “Any Registration Delay Payments may be satisfied by the Company by the issuance of Common Stock valued at the Alternate Conversion Price, subject to any limitations set forth in NASDAQ Listing Rule 5635(d).
