Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (as the same may be further amended and in effect from time to time, the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof without such holder's prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than its effect on the other holders of the Company's Series Preferred. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 5 contracts
Samples: Egenera, Inc., Egenera, Inc., Egenera, Inc.
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's ’s Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (as the same may be further amended and in effect from time to time, the "“Charter"”). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof without such holder's ’s prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than its effect on the other holders of the Company's ’s Series Preferred. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been mademade to the extent that such restatement, amendment, modification or waiver modifies or waives the rights of the Preferred Stock.
Appears in 2 contracts
Samples: Elixir Pharmaceuticals, Inc., Elixir Pharmaceuticals, Inc.
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's ’s Certificate of Incorporation, as amended through the Date of GrantGrant (the “Charter”). In the event that such antidilution protections are waived, a true and complete copy of restated, amended or modified in any manner which adversely affects the holder without such holder’s prior written consent while this Warrant is attached hereto as Exhibit B (as the same may be further amended and in effect from time then the Company agrees to time, make appropriate arrangements to provide the "Charter"). Such holder with the benefits of such antidilution rights shall protections as if such had not be restated, been so amended, modified or waived in any manner that is adverse waived. The foregoing arrangements shall include but not be limited to, the issuance of additional shares of Class A Common Stock upon conversion of the shares of Series Preferred issuable to the holder hereof without such holder's prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than its effect on the other holders of the Company's Series Preferredhereunder. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 1 contract
Samples: BigBand Networks, Inc.
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's ’s Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (as the same may be further amended and in effect from time to time, the "“Charter"”). Such antidilution untidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof without such holder's ’s prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than than, and substantially dissimilar to, its effect on the other holders of the Company's ’s Series Preferred. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 1 contract
Samples: Phenomix CORP
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate of Incorporationincorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (as the same may be further amended and in effect from time to time, the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof without such holder's prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than its effect on the other holders of the Company's Series Preferred. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 1 contract
Samples: Egenera, Inc.
Antidilution Rights. The other antidilution rights applicable to ------------------- the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate of Incorporation, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (as the same may be further amended and in effect from time to time, the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof without such holder's prior written consent if the effect of such restatement, amendment, modification or waiver on the holder hereof would be more adverse to the holder hereof than than, and substantially dissimilar to, its effect on the other holders of the Company's Series Preferred. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Appears in 1 contract
Samples: Loan and Security Agreement (Netscreen Technologies Inc)