Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that treats the holder hereof differently than other holders of the Series F Non-
Appears in 4 contracts
Samples: Acusphere Inc, Acusphere Inc, Acusphere Inc
Antidilution Rights. The other antidilution rights applicable to ------------------- the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "Charter"). Such antidilution rights The Company shall not be restated, amended, modified or waived in any manner that treats promptly provide the holder hereof differently than other holders with any restatement, amendment, modification or waiver of the Series F Non-Charter promptly after the same has been made.
Appears in 3 contracts
Samples: Intercreditor Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc), Corsair Communications Inc
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated Certificate of Incorporation, Charter as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that treats affects the holder hereof differently more adversely than the other holders of shares of Series Preferred without such holder’s prior written consent. The Company shall promptly provide the Series F Non-holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 2 contracts
Samples: Agreement (Nimblegen Systems Inc), Agreement (Nimblegen Systems Inc)
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated ’s Certificate of Incorporationlncorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "“Charter"”). Such antidilution rights The Company shall not be restatedpromptly provide the Holder with any restatement, amendedamendment, modified modification or waived in any manner that treats the holder hereof differently than other holders waiver of the Series F Non-Charter promptly after the same has been made.
Appears in 1 contract
Samples: Mobitv Inc
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated ’s Certificate of Incorporation, as amended through the Date of Grant, a true Grant and complete copy of which is attached hereto as Exhibit B may be amended from time to time (the "“Charter"”). Such antidilution rights The Company shall not be restated, amended, modified or waived in any manner that treats promptly provide the holder hereof differently than other holders with any restatement, amendment, modification or waiver of the Series F Non-Charter promptly after the same has been made.
Appears in 1 contract
Samples: Impinj Inc
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Amended and Restated company’s Certificate of Incorporation, Incorporation as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "“Charter"”). Such antidilution rights The Company shall not be restated, amended, modified or waived in any manner that treats promptly provide the holder hereof differently than other holders with any restatement, amendment, modification or waiver of the Series F Non-Charter promptly after the same has been made.
Appears in 1 contract
Samples: TorreyPines Therapeutics, Inc.