Common use of Effect on Prior Agreement Clause in Contracts

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Holders performing services for the Company holding a majority of the shares of Common Stock then held by the Common Holders, and the holders of at least a majority in interest of the shares of Series B Preferred Stock held by the Investors, the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Key Holders performing services for the Company holding a majority in interest of the shares of Common Transfer Stock then held by the Common Holders, and the holders of at least a majority in interest of the Capital Stock held by those Investors who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series B C Preferred Stock held by the such Investors), the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Holders performing services for the Company holding of a majority of the shares of Common Series A Preferred Stock then outstanding and held by all of the Common Holders, and the holders Holders of at least a majority in interest of the shares of Series B A-1 Preferred Stock then outstanding and held by all of the InvestorsHolders, the Prior Company’s Amended and Restated Investors’ Rights Agreement automatically dated October 15, 2020 shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by (a) the Company, the (b) Common Holders performing services for the Company holding a majority of the shares of Common Stock of the Company then held by the Common Holders, Holders and the holders of at least (c) Investors holding a majority in interest of the shares of Common Stock issuable or issued upon conversion of the Preferred Shares who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series B A-1 Preferred Stock held by the such Investors), the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)