Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company; (b) the Key Holders holding 50% of the Shares then held by the Key Holders who are then providing services to the Company as officers, employees or consultants; and (c) the holders of 50% of the shares of Common Stock issued or issuable upon conversion of the shares of the Preferred Stock held by the Investors (voting as a single class and on an as-converted basis). Notwithstanding the foregoing:
Appears in 4 contracts
Samples: Adoption Agreement (Gin & Luck Inc.), Adoption Agreement (Gin & Luck Inc.), Adoption Agreement (Gin & Luck Inc.)
Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company; (b) the Key Holders holding 50% a majority of the Shares then held by the Key Holders who are then, or then held by any Key Holder entity that is owned, controlled or established for estate planning purposes and/or for the benefit of any Founder who is then, providing services to the Company as full-time officers, employees or consultants; and (c) the holders of 50% Investors holding at least a majority of the shares of Common Stock issued or issuable upon conversion of the then outstanding shares of the Preferred Stock held by the Investors (voting as a single class and on an as-converted basis)Stock. Notwithstanding the foregoing:
Appears in 4 contracts
Samples: Voting Agreement (Winc, Inc.), Voting Agreement (Winc, Inc.), Voting Agreement (Winc, Inc.)
Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by by: (a) the Company; (b) the Key Holders holding 50% a majority of the Shares then held by the Key Holders who are provided that such consent shall not be required if the Key Holders do not then providing services to own Shares representing at least 5% of the Company as officers, employees or consultantsoutstanding capital stock of the Company; and (c) the holders of 50% a majority of the shares of Common Stock issued or issuable upon conversion of the shares of the Preferred Stock held by the Investors any such Stockholder (voting as a single class and on an as-converted basis). Notwithstanding the foregoing:
Appears in 3 contracts
Samples: Voting Agreement (Groundfloor Finance Inc.), Adoption Agreement (Groundfloor Finance Inc.), Adoption Agreement (Groundfloor Finance Inc.)
Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company; (b) the Key Holders holding 50% a majority of the Shares shares of Common Stock then held by the Key Holders who are then providing services to employed by the Company as officers, employees or consultantsCompany; and (c) the holders of 50% at least a majority of the shares of Common Stock issued or issuable upon conversion of the shares of the Preferred Stock held by the Investors (voting as a single class and on an as-converted to Common Stock basis). Notwithstanding the foregoing:
Appears in 2 contracts
Samples: Adoption Agreement (Caribou Biosciences, Inc.), Adoption Agreement (Caribou Biosciences, Inc.)
Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only prospectively)only by a written instrument executed by (a) the Company; (b) the Key Holders holding 50% a majority of the Shares then held by the Key Holders who are then providing services to the Company as officers, employees or consultantsHolders; and (c) the holders of 50% a majority of the shares of Common Stock issued or issuable upon conversion of the shares of the Preferred Stock held by the Investors Investors; and (voting as d) the holders of a single class and on an as-converted basis)majority of the shares of Common Stock held by the Common Stock Investors. Notwithstanding the foregoing:
Appears in 2 contracts
Samples: Voting Agreement (Ovid Therapeutics Inc.), Voting Agreement (Ovid Therapeutics Inc.)