Common use of Assignability by Investor Clause in Contracts

Assignability by Investor. Subject to the terms of the Agreement and Waiver, the Investor may, without the consent or approval of the Company, assign its rights and obligations under this Agreement to a Person to whom the Investor assigns its interest in the Preferred Shares, pro rata based upon the percentage of Preferred Shares transferred, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Assignability by Investor. Subject to the terms of the --------------------------- Agreement and Waiver, the Investor may, without the consent or approval of the Company, assign its rights and obligations under this Agreement to a Person to whom the Investor assigns its interest in the Preferred SharesShares or the Warrant, pro rata based upon the percentage of Preferred Shares or the Warrant transferred, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Assignability by Investor. Subject to the terms of the Agreement and Waiver, the Investor may, without the consent or approval of the Company, assign its rights and obligations under this Agreement to a Person to whom the Investor assigns its interest in the Preferred SharesShares or the Warrant, pro rata based upon the percentage of Preferred Shares or the Warrant transferred, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Assignability by Investor. Subject to the terms of the Agreement and Waiver, the Investor may, without the consent or approval of the Company, but with written notice to the Company, assign its rights and obligations under this Agreement to a Person to whom the Investor assigns its interest in the Preferred SharesShares or the Warrant, pro rata based upon the percentage of the Preferred Shares or the Warrant transferred, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Assignability by Investor. Subject to the terms of the Agreement and Waiver, the The Investor may, without the consent or approval of the Company, assign its rights and obligations under this Agreement to a Person to whom the Investor assigns its interest in the Preferred Shares, pro rata based upon in proportion to the percentage of Preferred Shares transferred, provided that (i) such assignee agrees in writing to be bound by the terms of this AgreementAgreement and (ii) no such assignment shall be valid as to any Person who purchases less than ten percent (10%) of the outstanding Preferred Shares.