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 (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. 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: Warrant Agreement (Exelixis Inc), Loan and Security Agreement (Packeteer Inc), Warrant Agreement (Myogen 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 Grant (the "“Charter"”). Such antidilution rights shall not be restated, amended, modified or waived in any manner (i) that is adverse to the holder hereof and (ii) that results in different treatment for the Holder with respect to the Shares than for other holders of Series Preferred without such holder's Holder’s prior written consent. 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 3 contracts
Samples: Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc)
Antidilution Rights. The other antidilution rights rights, if any, ------------------- applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate articles of Incorporationincorporation, 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 is adverse to the holder hereof without such holder's prior written consent. 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 2 contracts
Samples: Warrant Agreement (Onvia Com Inc), Warrant Agreement (Onvia Com Inc)
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate Articles 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 is adverse which would adversely affect the Series Preferred relative to any other currently designated series of the holder hereof Company's preferred stock without such holder's prior written consent. 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 2 contracts
Samples: Warrant Agreement (Signal Pharmaceuticals Inc), Warrant Agreement (Signal 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 and/or restated through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B Grant (the "“Charter"”). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to in which the holder hereof is treated differently than other holders of the same class of securities of the Company without such holder's ’s prior written consent. 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 2 contracts
Samples: Warrant Agreement (Everyday Health, Inc.), Warrant Agreement (Everyday Health, 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 Grant (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 consentconsent unless such amendment, termination, or waiver applies to all holders of Series Preferred in the same fashion. 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 2 contracts
Samples: Warrant Agreement (Advanced BioHealing Inc), Warrant Agreement (Advanced BioHealing Inc)
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's ’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 Grant (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 consentexcept pursuant to the terms of the Charter. 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 2 contracts
Samples: Warrant Agreement (MAP Pharmaceuticals, Inc.), Warrant Agreement (MAP Pharmaceuticals, 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 Grant (the "Charter"). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to the holder hereof and does not similarly affect the holders of the Series Preferred without such holder's prior written consent. 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: Warrant Agreement (Activbiotics 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 (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. 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: Warrant Agreement (Digirad 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 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 number that is adverse to the holder hereof without such holder's prior written consent. 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: Warrant Agreement (Exelixis Inc)
Antidilution Rights. The other antidilution rights applicable to ------------------- the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate Articles 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 is adverse to the holder hereof without such holder's prior written consent. 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: Warrant Agreement (Microsoft Corp)
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's Certificate Articles 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 is adverse to the holder hereof without such holder's prior written consent. 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: Warrant Agreement (Mitokor)
Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company's ’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 Grant (the "“Charter"”). Such Without the prior written consent of the holder hereof, such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to such holder and treats such holder differently than the holder hereof without such holder's prior written consentother holders of 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: Warrant Agreement (Intelepeer Inc)