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 and the holders of at least seventy-six percent (76%) of the Registrable Securities (as defined in the Prior Agreement) who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series C Preferred Stock by 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.

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company and the holders of at least seventy-six percent (76%) of the Registrable Securities (as defined in the Prior Agreement) Requisite Investors who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series C E Preferred Stock by such Requisite 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.

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company and the holders of at least seventy-six percent (76%) 75% of the Registrable Securities (as defined in the Prior Agreement) Preferred Stock held by those Investors who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series C A-2 Preferred Stock or Series B Preferred Stock by 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.