Common use of Entire Agreement; Effect on Prior Agreements; Amendments Clause in Contracts

Entire Agreement; Effect on Prior Agreements; Amendments. i. Except for the Securities Purchase Agreement, the Registration Rights Agreement dated as of June 17, 2000 by and among the Company, the Investor and the Other Investors (the "Series A Registration Rights Agreement"), the Series A Certificate of Designations, the Waiver Agreements, each executed as of January 3, 2001, between the Company and the Investor, and the Irrevocable Transfer Agent Instructions (as defined in the Securities Purchase Agreement), this Agreement, the Certificates of Designations and each of the other Transaction Documents supersede all other prior oral or written agreements between the Investor, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Investor makes any representation, warranty, covenant or undertaking with respect to such matters.

Entire Agreement; Effect on Prior Agreements; Amendments. i. Except for the Securities Purchase Agreement, the Registration Rights Agreement dated as of June 17, 2000 by and among the Company, the Investor Investors and the Other Investors (the "Series A Registration Rights Agreement"), the Series A Certificate of Designations, the Waiver Agreements, each executed as of January 3, 2001, between among the Company and each of the InvestorInvestors, and the Irrevocable Transfer Agent Instructions (as defined in the Securities Purchase Agreement), this Agreement, the Certificates of Designations and each of the other Transaction Documents supersede all other prior oral or written agreements between the each Investor, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the any Investor makes any representation, warranty, covenant or undertaking with respect to such matters.

Entire Agreement; Effect on Prior Agreements; Amendments. i. Except for the Securities Purchase Agreement, the Registration Rights Agreement dated as of June 17, 2000 by and among the Company, the Investor and the Other Investors (the "Series A Registration Rights Agreement"), the Series A Certificate of Designations, the Waiver Agreements, each executed as of January 3, 2001, between the Company and the Investor, and the Irrevocable Transfer Agent Instructions (as defined in the Securities Purchase Agreement), this Agreement, the Certificates Series B Certificate of Designations and each of the other Transaction Documents supersede all other prior oral or written agreements between the Investor, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Investor makes any representation, warranty, covenant or undertaking with respect to such matters.

Entire Agreement; Effect on Prior Agreements; Amendments. i. Except for the Securities Purchase Agreement, the Registration Rights Agreement dated as of June 17, 2000 by and among the Company, the Investor and the Other Investors (the "Series A Registration Rights Agreement"), the Series A Certificate of Designations, the Waiver Agreements, each executed as of January 3, 2001, between the Company and the of the Investor, and the Irrevocable Transfer Agent Instructions (as defined in the Securities Purchase Agreement), this Agreement, the Certificates of Designations and each of the other Transaction Documents supersede all other prior oral or written agreements between the Investor, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Investor makes any representation, warranty, covenant or undertaking with respect to such matters.