Common use of Covenant Not to Amend Clause in Contracts

Covenant Not to Amend. The Company and each Holder and Founder agree not to amend or waive the voting or other provisions of the Company’s Certificate of Incorporation, the Company’s By-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the relevant Regulatory Side Letter). Each of JX Xxxxxx SBIC and vSpring agree to notify the Company as to whether or not it would have a Regulatory Problem promptly after such party has notice of such amendment or waiver.

Appears in 1 contract

Samples: Investor Rights Agreement (Comscore, Inc.)

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Covenant Not to Amend. The Company and each Holder and Founder Common Holder agree not to amend or waive the voting or other provisions of the Company’s Certificate Articles of Incorporation, the Company’s By-laws bylaws or this Agreement if such amendment or waiver would cause X.X. Xxxxxx (or any Regulated Holder affiliates thereof) to have a Regulatory Problem (as defined in the relevant Regulatory Side Letter)Problem. Each of JX X.X. Xxxxxx SBIC and vSpring agree agrees to notify the Company as to whether or not it would have a Regulatory Problem promptly after such party it has notice of such amendment or waiver.

Appears in 1 contract

Samples: Rights Agreement (PortalPlayer, Inc.)

Covenant Not to Amend. The Company and each Holder and Founder agree not to amend or waive the voting or other provisions of the Company’s 's Restated Certificate of Incorporation, the Company’s By-laws 's Bylaws or this Agreement if such amendment or waiver would cause X.X. Xxxxxx Partners or any Regulated Holder of its Affiliates to have a Regulatory Problem (as defined in the relevant Regulatory Side LetterSideletter). Each of JX X.X. Xxxxxx SBIC and vSpring agree Partners agrees to notify the Company as to whether or not it would have a Regulatory Problem promptly after such party X.X. Xxxxxx Partners has notice of such amendment or waiver.

Appears in 1 contract

Samples: Investors' Rights Agreement (Santarus Inc)

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Covenant Not to Amend. The Company and each Holder and Founder Investor agree not to amend or waive the voting or other provisions of the Company’s 's Certificate of Incorporation, the Company’s By-laws 's Bylaws or this Agreement if such amendment or waiver would cause the X.X. Xxxxxx or any Regulated Holder of its Affiliates to have a Regulatory Problem (as defined in the relevant Regulatory Side LetterSideletter). Each of JX X.X. Xxxxxx SBIC and vSpring agree agrees to notify the Company as to whether or not it would have a Regulatory Problem promptly after such party X.X. Xxxxxx has notice of such amendment or waiver.

Appears in 1 contract

Samples: Investor Rights Agreement (Corgentech Inc)

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