Common use of Antidilution Rights Clause in 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 that treats the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all other shares of the same class of stock without the Holder’s prior written consent. The Company shall promptly provide the Holder with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.

Appears in 2 contracts

Samples: Warrant Agreement (Trade Desk, Inc.), Warrant Agreement (Trade Desk, Inc.)

AutoNDA by SimpleDocs

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 treats is adversely affects the Shares of Series Preferred purchasable hereunder in a manner different holder hereof differently from the treatment of all other shares holders of the same class of stock Company's Series C Preferred Stock without the Holder’s prior written consentconsent of the holder herof. The Company shall promptly provide the Holder 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 (Metabasis Therapeutics Inc), Warrant Agreement (Metabasis Therapeutics 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 Any restatement, amendment, modification or waiver of such antidilution rights shall not be restated, amended, modified or waived that is in any manner adverse to the holder hereof (other than a restatement, amendment, modification or waiver that treats applies on the Shares same terms to all holders of Series Preferred purchasable hereunder in a manner different from Preferred) will not be effective against the treatment of all other shares of the same class of stock holder hereof without the Holdersuch holder’s prior written consent. The Company shall promptly provide the Holder holder hereof with any restatement, amendment, modification or waiver of such antidilution rights in the Charter promptly after the same has been made.

Appears in 2 contracts

Samples: Warrant Agreement (Salient Surgical Technologies, Inc.), Warrant Agreement (Salient Surgical Technologies, Inc.)

Antidilution Rights. The other antidilution rights applicable to the Shares of Series Preferred Applicable Stock purchasable hereunder are set forth in the Company’s Certificate of Incorporation, as amended through the Date of GrantWarrant Date, a true and complete copy of which is attached hereto as Exhibit B C (the “Charter”). Such ; it being understood and agreed that, if holders of the Applicable Stock are not entitled to any antidilution adjustment pursuant to the Charter in connection with any particular event, then no such antidilution rights shall not be restated, amended, modified or waived applicable to this Warrant in any manner that treats the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all other shares of the same class of stock without the Holder’s prior written consentconnection with such event. The Company shall promptly provide the Holder with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.

Appears in 2 contracts

Samples: Warrant Agreement (Solyndra, Inc.), Warrant Agreement (Solyndra, 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 such that treats the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all holder hereof is treated differently than other shares holders of the same class Series D Convertible Preferred Stock (as holders of stock without the Holder’s prior written consentSeries D Convertible Preferred Stock). The Company shall promptly provide the Holder 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 (Athenahealth Inc), Warrant Agreement (Athenahealth 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 treats is adverse to the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all other shares of the same class of stock holder hereof without the Holder’s 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 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 (Isilon Systems, Inc.), Warrant Agreement (Isilon Systems, 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 treats if such restatement, amendment, modification or waiver adversely affects the Shares of Series Preferred purchasable hereunder in a manner different from holder hereof but does not similarly affect the treatment of all other shares holders of the same class of stock Series B Preferred Stock without the Holder’s such holder's prior written consent. The Company shall promptly provide the Holder 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 (Tolerrx Inc), Warrant Agreement (Tolerrx 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 treats is adverse to the Shares of Series Preferred purchasable hereunder holder hereof (in a manner different that is separate and distinct from the treatment effect on the other holders of all other shares of the same class of stock Series 3 Preferred Stock) without the Holder’s such holder's prior written consent. The Company shall promptly provide the Holder 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 (Adeza Biomedical Corp), Warrant Agreement (Adeza Biomedical Corp)

AutoNDA by SimpleDocs

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 treats which affects the Shares of Series Preferred purchasable hereunder in a manner different from Holder differently than the treatment of all other shares holders of the same class Company’s Series C Preferred Stock or the future holders of stock the Company’s Series D Preferred Stock, without the 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 (Atheros Communications 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 treats is adversely affects the Shares of Series Preferred purchasable hereunder in a manner different holder hereof differently from the treatment of all other shares holders of the same class of stock Company's Series D Preferred Stock without the Holder’s prior written consentconsent of the holder herof. The Company shall promptly provide the Holder 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 (Metabasis Therapeutics Inc)

Antidilution Rights. The holder of this Warrant shall have the same ------------------- antidilution rights as afforded or granted to the Company's Series E Preferred Stock. The other antidilution rights applicable to the Shares of Series Preferred purchasable hereunder are set forth in the Company’s Certificate of Incorporation's Articles, as amended through the Date of Grant, a true and complete copy of which is attached hereto as Exhibit B (the "Charter"). Such These antidilution rights shall not be restated, amended, modified or waived in any manner that treats is adverse to the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all other shares of the same class of stock holder hereof without the Holder’s such holder's prior written consent. The Company shall promptly provide the Holder holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has as been made.

Appears in 1 contract

Samples: Warrant Agreement (Xenogen Corp)

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 Grant and complete copy of which is attached hereto as Exhibit B may be amended from time to time (the “Charter”). Such antidilution rights shall not be restated, amended, modified or waived in any manner that treats is adverse to the Shares of Series Preferred purchasable hereunder in a manner different from the treatment of all other shares of the same class of stock holder hereof without the Holdersuch holder’s prior written consent, unless such restatement, amendment, modification or waiver affects all shares of Series Preferred stock. The Company shall promptly provide the Holder registered 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 (Xtera Communications, 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 treats is adverse to the Shares of Series Preferred purchasable hereunder holder hereof (in a manner different that is separate and distinct from the treatment effect on the other holders of all other shares of the same class of stock Series 3 Preferred Stock) without the Holder’s such holder's prior written consent. The Company shall promptly provide the Holder holder hereof with any restatement, amendment, modification or of waiver of the Charter promptly after the same has been made.

Appears in 1 contract

Samples: Warrant Agreement (Adeza Biomedical Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!