Amendment of Stockholders’ Agreement. The Stockholders’ Agreement is hereby amended to add the New Participating Stockholder as a Participating Stockholder.
Amendment of Stockholders’ Agreement. Concurrently with the execution of this Agreement, the Stockholders Agreement shall be amended and restated in the form attached hereto as Exhibit D.
Amendment of Stockholders’ Agreement. Section 7.2(b) of the Stockholders Agreement is hereby amended in its entirety as set forth below (marked to show changes from the Stockholders Agreement):
Amendment of Stockholders’ Agreement. The Stockholders Agreement is hereby amended as follows:
(a) The “or” prior to Section 9(b)(ii)(L) of the Stockholders Agreement is hereby deleted, and the period after Section 9(b)(ii)(L) is replaced with a semicolon.
(b) The following are added as Sections 9(b)(ii)(M) and (N) to Section 9(b) of the Stockholders Agreement: “(M) the issuance of the Notes pursuant to that certain Subordinated Convertible Note Purchase Agreement, dated as of April , 2010 (the “Note Purchase Agreement”), Warrants issued under certain conditions upon conversion of the Notes, and any equity securities of the Corporation issuable upon conversion of the Notes or upon exercise of the Warrants (collectively, the “Conversion Securities”), and any securities issued upon conversion of the Conversion Securities, if applicable; and
Amendment of Stockholders’ Agreement. (a) The Stockholders’ Agreement is hereby amended to remove the Released Participating Stockholders listed on Exhibit B, attached hereto, from the Stockholders’ Agreement;
(b) After the execution and delivery of this Amendment, none of the Released Participating Stockholders will be party to the Stockholders’ Agreement or bound by the terms thereof; and
(c) The list of Participating Stockholders in effect after the execution and delivery of this Agreement is attached hereto as Exhibit C.
Amendment of Stockholders’ Agreement. As of the Effective Time, the following amendments to the Stockholders Agreement shall become effective.
Amendment of Stockholders’ Agreement. The Purchasers, the Placement Agent, the Officers and the Company hereby agree that, effective upon closing under the Additional Securities Purchase Agreement and the execution of the Joinder Agreement by the Company and Leaf Mountain, the Stockholders Agreement shall be amended as follows:
(a) The following additional definition shall be added:
Amendment of Stockholders’ Agreement. Section 3.07 of the Stockholders Agreement is hereby amended in its entirety to read as follows: “With respect to any matter submitted for a vote of the Company’s stockholders at any time when the Stockholder Percentage Interest is in excess of 19.9 percent, Xx. Xxxxxx and Xx. Xxxxx shall vote any shares of Common Stock over which they have beneficial ownership and the ability to direct voting in excess of such Stockholder Percentage Interest, other than the Shares, on each such matter either (a) in a manner proportionally consistent with the vote of the shares of Common Stock not owned by Stockholder, Xx. Xxxxxx or Xx. Xxxxx or (b) in accordance with the recommendation, if any, of a majority of the Unaffiliated Directors.”
Amendment of Stockholders’ Agreement. The Stockholders Agreement shall have been amended in a manner reasonably acceptable to the Purchasers purchasing Preferred Shares at the First Closing.
Amendment of Stockholders’ Agreement. Section 1. The definition of "Credit Agreement" in Section 1 is --------- ---------------- deleted.
1.2 Section 2.2 (a). Section 2.2(a) of the Stockholders Agreement is --------------- amended as follows: (a) the language "and (iv)" in the 15/th/ line thereof is deleted and the language "; (iv)" is substituted therefor; and (b) the language "and (v) to Arena Capital Investment Fund, L.P. (or any Affiliate thereof) pursuant to that Securities Purchase Agreement dated as of March 20, 2000 between Xxxxxx and Arena Capital Investment Fund, L.P., or an Affiliate thereof" is inserted after the third word in the 19/th/ line thereof.
