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: Loan and Security Agreement (Digirad Corp), Subordination Agreement (Packeteer Inc), 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: Sunesis Pharmaceuticals Inc, Sunesis Pharmaceuticals Inc, Sunesis 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 Grant, a true and complete copy of which is attached hereto as Exhibit B from time to time (the "“Charter"”). Such antidilution rights shall not be restated, amended, modified or waived in any manner that is adverse to treats the holder hereof adversely to other holders of the class and series of the Company’s capital stock for which this Warrant is exerciseable 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: Enphase Energy, Inc., Enphase Energy, 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: Everyday Health, Inc., 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 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 consent, provided that such consent shall not be required for any restatement, amendment, modification of waiver that affects all of the Series Preferred in substantially the same manner. 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: Isilon Systems, Inc., Isilon Systems, 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: Onvia Com Inc, 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 ’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: MAP Pharmaceuticals, Inc., 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 ’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
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: 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 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: 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: Digirad Corp
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: Intelepeer 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: Mitokor
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: Microsoft Corp