Amendment to Investor Rights Agreement. The Company shall use its best efforts in order to obtain all necessary consents in order (i) to provide Purchaser rights that are pari passu with those of each of the Company's shareholders party to the Investor Rights Agreement under the penultimate paragraph of Section 2(b) and Section 2(c)(i) and (ii) of the Investor Rights Agreement and (ii) to provide that such shareholders shall not have any right to be included in the shelf registration to be filed by the Company for the benefit of the Purchaser.
Amendment to Investor Rights Agreement. Effective as of the date hereof, the Investor Rights Agreement is hereby amended as follows:
(a) by deleting the reference to “January 6, 2006” in the second sentence of Section 3(a) (such reference having previously been changed from July 1, 2005 to January 6, 2006 pursuant to the previous amendments), and inserting, in lieu of such reference, “March 6, 2006” and
(b) by deleting clause (ii) of the first sentence of Section 5 and inserting, in lieu of such clause, the following: “
(ii) has not been declared effective by the Commission on or prior to April 1, 2006; or”.
Amendment to Investor Rights Agreement. Section 5.1 of the Investor Rights Agreement is hereby amended such that each reference to “Nomura International Plc” is replaced with a reference to “Phase4 Ventures III LP”, such that the rights exercisable by NIP to designate one Series C Director to the Board of Directors of the Company be exercisable by the Transferee going forwards. For purposes of clarification, the parties acknowledge that any other rights to elect persons to the Board of Directors of the Company which NIP (as Series C and Series D Stockholder) and NPV2 (as Series H Stockholder) may have had pursuant to Article 5 of the Investor Rights Agreement shall be exercisable by the Transferee following completion of the Transaction.
Amendment to Investor Rights Agreement. The Company, SICOR and Sankyo shall have entered into, or will concurrently with the Closing hereunder enter into, an Amendment to the Investor Rights Agreement in substantially the form attached hereto as Exhibit G (the "Amendment to XXX").
Amendment to Investor Rights Agreement. Meridian shall use its best efforts in order to obtain all necessary consents in order (i) to provide Prudential rights that are pari passu with those of each of Meridian's shareholders party to the Investor Rights Agreement under the penultimate paragraph of Section 2(b) and Section 2(c)(i) and (ii) of the Investor Rights Agreement and (ii) to provide that such shareholders shall not have any right to be included in the shelf registration to be filed by Meridian for the benefit of Prudential.
Amendment to Investor Rights Agreement. Effective as of the Effective Time, Section 2.1 of the Investor Rights Agreement is hereby amended and restated to read in full as set forth on Exhibit B hereto, which Section 2.1, as amended hereby, provides for, among other things, the registration of the Registrable Securities as promptly as practicable after the Deferral Date.
Amendment to Investor Rights Agreement. At the Closing, the Company shall have entered into the First Amendment to Investor Rights Agreement and such First Amendment to Investor Rights Agreement shall be in full force and effect.
Amendment to Investor Rights Agreement. At the Closing, King shall have entered into the First Amendment to Investor Rights Agreement and such First Amendment to Investor Rights Agreement shall be in full force and effect.
Amendment to Investor Rights Agreement. The Investor Rights Agreement Amendment, duly executed by Purchaser and the number of stockholders of Purchaser required to make such Investor Rights Agreement Amendment effective.
Amendment to Investor Rights Agreement. An Amendment to Investor Rights Agreement, substantially in the form attached hereto as Exhibit J (the “Investor Rights Agreement Amendment”), duly executed by each Seller.
