AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 29 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Pacific DataVision, Inc.), Investor Rights Agreement (Virobay Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.the
Appears in 9 contracts
Samples: Investor Rights Agreement (Veraz Networks, Inc.), Investor Rights Agreement (Algorx Pharmaceuticals Inc), Investors' Rights Agreement (McData Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 may be amended or modified, and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company and the Holders of at least a majority 51% of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the CompanyCompany and their respective successors and permitted assigns. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 5 contracts
Samples: Investor Rights Agreement (Viewray Inc), Investor Rights Agreement (Viewray Inc), Investor Rights Agreement (Viewray Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two-thirds percent (66-2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 5 contracts
Samples: Investor Rights Agreement (Quantum Corp /De/), Series B Preferred Stock Purchase Agreement (Oryx Technology Corp), Investor Rights Agreement (Linkshare Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 5 contracts
Samples: Investor Rights Agreement (Perficient Inc), Registration Rights Agreement (Imageware Systems Inc), Registration Rights Agreement (Century Park Pictures Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities each Holder hereby agree agrees to be bound by the provisions hereunder.
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Series a Preferred Stock Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingThen Outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 4 contracts
Samples: Registration Rights Agreement (I Storm Inc), Registration Rights Agreement (I Storm Inc), Registration Rights Agreement (I Storm Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 4 contracts
Samples: Investor Rights Agreement (Rigel Pharmaceuticals Inc), Investor Rights Agreement (Rigel Pharmaceuticals Inc), Investor Rights Agreement (Frazier Healthcare Ii Lp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 4 contracts
Samples: Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement, Investor Rights Agreement (Turbolinux Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority Holder of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each the Holder and the Company. By acceptance of any benefits under this Section 2, Holders Holder of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Registration Rights Agreement (Award Software International Inc), Registration Rights Agreement (Award Software International Inc), Registration Rights Agreement (Award Software International Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingoutstanding (voting on an as-converted basis but without giving effect to price-based anti-dilution that occurs at any time after the date hereof). Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (AEON Biopharma, Inc.), Investors’ Rights Agreement (AEON Biopharma, Inc.), Investors’ Rights Agreement (AEON Biopharma, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (ProNAi Therapeutics Inc), Investor Rights Agreement (ProNAi Therapeutics Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding (including a majority of shares of the Preferred Stock then outstanding). Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Mirna Therapeutics, Inc.), Investor Rights Agreement (Mirna Therapeutics, Inc.), Investor Rights Agreement (Mirna Therapeutics, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Two Way Tv Us Inc), Investor Rights Agreement (Cayenta Inc), Investor Rights Agreement (Cayenta Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only instance) with the written consent of the Company and Holders who own or have the Holders of right to purchase at least a majority 80% of the Registrable Securities then outstandingShares (appropriately adjusted for any Reorganizations). Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon on each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Stock Acquisition Agreement (Trycera Financial, Inc.), Stock Acquisition Agreement (Mezzanine Investment Corp), Stock Acquisition Agreement (Trycera Financial, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority two-thirds of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Portola Pharmaceuticals Inc), Investor Rights Agreement (Portola Pharmaceuticals Inc), Investor Rights Agreement (Corillian Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority seventy-five percent (75%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Oculex Pharmaceuticals Inc /), Investor Rights Agreement (Noosh Inc), Investor Rights Agreement (Noosh Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 1 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 1.13 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 21, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Roblox Corp), Investors’ Rights Agreement (Roblox Corp), Investors’ Rights Agreement (Roblox Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-seven percent (67%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Ambit Biosciences Corp), Investor Rights Agreement (Senomyx Inc), Investor Rights Agreement (Senomyx Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Registration Rights Agreement (Goamerica Inc), Registration Rights Agreement (Goamerica Inc), Escrow Agreement (Goamerica Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two-thirds percent (66 2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Adaptive Insights Inc), Investor Rights Agreement (ARYx Therapeutics, Inc.), Investor Rights Agreement (National Information Consortium Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 Corporation and the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder Holder, the Founder and the CompanyCorporation. By acceptance of any benefits under this Section 2, Holders of Registrable Securities and the Founder hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc), Investors' Rights Agreement (Adesso Healthcare Technology Services Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Warrant Agreement (Vanguard Airlines Inc \De\), Registration Rights Agreement (Vanguard Airlines Inc \De\)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority two-thirds (66 2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Dynavax Technologies Corp), Investors' Rights Agreement (Dynavax Technologies Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (It&e International Group), Registration Rights Agreement (It&e International Group)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Lavin Philip T), Registration Rights Agreement (It&e International Group)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities each Holder hereby agree agrees to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc), Series C Preferred Stock Purchase Agreement (Air South Airlines Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority 67% of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Ambit Biosciences Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding, consenting as a single class. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Paylocity Holding Corp), Investor Rights Agreement (Paylocity Holding Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty six and two-thirds percent (66 2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.12 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Informax Inc), Investor Rights Agreement (Informax Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.. ·
Appears in 2 contracts
Samples: Investor Rights Agreement, Voting Agreement, Right of First Refusal and Co Sale Agreement (Sonim Technologies Inc), Investor Rights Agreement, Voting Agreement, Right of First Refusal and Co Sale Agreement (Sonim Technologies Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Landa Management Systems Corp), Investor Rights Agreement (Landacorp Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section ------- 2 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 Company, and the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 ------- 2.10 shall be binding upon each Holder and the Company. By acceptance of any ---- benefits under this Section 2, Holders each Holder of Registrable Securities hereby agree --------- agrees to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (LLR Equity Partners Lp), Registration Rights Agreement (Opinion Research Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 Company, the Major Holders and the Holders of at least a majority two-thirds (2/3) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Metricom Inc / De), Preferred Stock Purchase Agreement (Metricom Inc / De)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 Corporation and the Holders holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the CompanyCorporation. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (IsoRay, Inc.), Registration Rights Agreement (IsoRay, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 -------------------------------- 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunderhereof.
Appears in 2 contracts
Samples: Registration Rights Agreement (Genstar Therapeutics Corp), Registration Rights Agreement (Genstar Therapeutics Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of holding at least a majority of the Registrable Securities then outstandingoutstanding (the "Majority Holders "). Any amendment or waiver effected in accordance with this Section 2.11 2.6 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 22.6, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Us Search Corp Com)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority fifty percent (50%) of the Registrable Securities then outstanding. Any amendment or waiver effected affected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Branded Media CORP), Registration Rights Agreement (Branded Media CORP)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 the consent of both the Holders of at least a majority of the Registrable Securities then outstandingoutstanding and the consent of Investors holding at least 75% of the Registrable Securities then held by the Investors. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Xenon Pharmaceuticals Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstanding, provided that such amendment or waiver does not differentiate among similarly situated stockholders. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Quokka Sports Inc), Investors' Rights Agreement (Quokka Sports Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two- thirds percent (66-2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Docent Inc), Investor Rights Agreement (Docent Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority fifty percent (50%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Formus Communications Inc), Investor Rights Agreement (Wireless Facilities Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority not less than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Intuitive Surgical Inc), Investor Rights Agreement (Intuitive Surgical Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority in interest of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of holding at least a majority seventy-five percent (75%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Imarx Therapeutics Inc), Investor Rights Agreement (Imarx Therapeutics Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of holding at least a majority of the Registrable Securities then outstandingoutstanding (the "Majority Holders"). Any amendment or waiver effected in accordance with this Section 2.11 2.6 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 22.6, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Us Search Corp Com)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Ecollege Com), Option Agreement (Corvas International Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two-thirds percent (662/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Alibris Inc), Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Requisite Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2(i) shall be binding upon each Holder the Holders and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunderhereunder including, but not limited to, this amendment provision.
Appears in 2 contracts
Samples: Registration Rights Agreement (Eif Holdings Inc), Registration Rights Agreement (Eif Holdings Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingoutstanding and not registered. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder, each future Holder of Registrable Securities and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Usurf America Inc), Registration Rights Agreement (Zkid Network Co)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty percent (60%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.14 shall be binding upon each Holder, Major Common Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Stockholders’ Agreement (Five9, Inc.), Stockholders’ Agreement (Five9, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected affected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Gemphire Therapeutics Inc.), Investor Rights Agreement (Gemphire Therapeutics Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 may be amended or modified, and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company and the Holders of at least a majority 51% of the Registrable Securities then outstandingThen Outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the CompanyCompany and their respective successors and permitted assigns. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (Sientra, Inc.), Investor Rights Agreement (Sientra, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of -------------------------------- this Section 2 1 pertaining to Registrable Securities 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 the Holders holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 paragraph shall be binding upon each Holder and the Company. By acceptance holder of any benefits securities purchase under this Section 2, Holders of Registrable Securities hereby agree to be bound by Agreement at the provisions hereunder.time outstanding (including
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.12 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Registration Rights Agreement (Bei Medical Systems Co Inc /De/)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities Shares then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Peninsula Pharmaceuticals Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 company and the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities each Holder hereby agree agrees to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority 75% of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Threshold Pharmaceuticals Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only in accordance with the written consent Section 4.6 of the Company and the Holders of at least a majority of the Registrable Securities then outstandingthis Agreement. Any amendment or waiver effected in accordance with this Section 2.11 herein shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 -------------------------------- 1 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 the Holders of at least a majority two-thirds (2/3) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 1.12 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 21, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors' Rights Agreement (Telocity Delaware Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 1 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 1.14 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 21, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 section shall be binding upon each Holder holder of any securities which are or at one time were Registrable Securities (or which are or were convertible into Registrable Securities), each future holder of all such securities, and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors Rights Agreement (Ista Pharmaceuticals Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingoutstanding Shares. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (NGTV)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority seventy percent (70%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority in interest of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.7 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Registration Rights Agreement (Credence Systems Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding, provided all Holders are affected substantially the same by such amendment or waiver. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Blue Martini Software Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors' Rights Agreement (Be Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority 60% of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities Holder hereby agree agrees to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor's Rights Agreement (One Source Technologies Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least (i) a majority of the Registrable Securities then outstandingSecurities, and (ii) Rose Capital. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision Provisions of this Section 2 1 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 the Holders of at least Purchasers who then hold a majority of the outstanding Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 1.11 shall be binding upon each Holder Purchaser and the Company. By acceptance No such amendment shall be effective to the extent that it applies to less than all of any benefits under this Section 2, Holders the holders of the Registrable Securities hereby agree to be bound by the provisions hereunderSecurities.
Appears in 1 contract
Samples: Option Agreement (Deltagen Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two-thirds percent (66-2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (SGX Pharmaceuticals, Inc.)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors' Rights Agreement (Sterigenics International)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section -------------------------------- 2 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 the Holders of at least a majority 66 2/3% of the Registrable Securities then outstandingoutstanding and not registered. Any amendment or waiver wavier effected in accordance with this Section 2.11 shall be binding upon each Holder, each future Holder of Registrable Securities and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of holding at least a majority of the Registrable Securities then outstandingheld by the Holders. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the 13 <PAGE> Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.. 2.12
Appears in 1 contract
Samples: Investor Rights Agreement
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 shall will be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors Rights Agreement (Emed Technologies Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two-thirds percent (66 2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Rigel Pharmaceuticals Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 --------------------------------- 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 the Holders of at least a majority 66 2/3% of the Registrable Securities then outstandingoutstanding and not registered. Any amendment or waiver wavier effected in accordance with this Section 2.11 shall be binding upon each Holder, each future Holder of Registrable Securities and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority in interest of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, the Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority two-thirds (662/3%)) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 may be amended or terminated 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 the Holders of at least a majority of the Registrable Securities then outstandingInvestor. Any amendment amendment, termination or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder the Investor and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities the Investor hereby agree agrees to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Registration Rights Agreement (Oculex Pharmaceuticals Inc /)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 Article II 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 the Holders of at least a majority not less than 50% of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each such Holder and the Company. By acceptance of any benefits benefit under this Section 2, Article II Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority ninety percent (90%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Interactive Network Inc /Ca)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 the Holders of at least a majority more than fifty percent (50%) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities each Holder hereby agree agrees to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding, including the Holders of a majority of the Series Preferred Registrable Securities. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 1 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 the Holders holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with to this Section 2.11 Registration Rights Agreement shall be binding upon each Holder holder of any Registrable Securities then outstanding and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 Parent and the Holders of at least a majority of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.8 shall be binding upon each Holder and the CompanyParent. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority sixty-six and two- thirds percent (66 2/3%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any Notwithstanding anything in Section 5.5 to the contrary, any provision of this Section 2 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 the Holders of at least a majority fifty-five percent (55%) of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Rally Software Development Corp)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority in interest of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.9 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 1 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 the Holders of at least a majority two-thirds (2/3) of the Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 1.12 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 21, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 (i) the Company Company, (ii) 1818 Fund and (iii) the Holders (excluding 1818 Fund) of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2Article II, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of Investors holding at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this Section 2.11 2.10 shall be binding upon each Holder Investor and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities Investors hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investor Rights Agreement (Accent Optical Technologies Inc)
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section Article 2 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 the Holders of Registrable Securities representing at least a majority 75% of the total of the then Registrable Securities then outstandingSecurities. Any amendment or waiver effected in accordance with this Section 2.11 2.0 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section Article 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
AMENDMENT OF REGISTRATION RIGHTS. Any provision of this Section 2 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 the Holders of at least a majority of the Registrable Securities then outstandingRequisite Holders. Any amendment or waiver effected in accordance with this Section 2.11 shall be binding upon each Holder and the Company. By acceptance of any benefits under this Section 2, Holders of Registrable Securities hereby agree to be bound by the provisions hereunder.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Diplomat Pharmacy, Inc.)