Common use of Expiration of Right; Excluded Investors Clause in Contracts

Expiration of Right; Excluded Investors. The right of first refusal and right of co-sale granted under this Section 4 shall not apply to, and shall expire upon, the effectiveness of a registration statement for a Qualified Public Offering or Liquidation Event, as defined in the Company’s Fifth Amended and Restated Certificate of Incorporation effective as of the date hereof. Notwithstanding anything to the contrary herein, the terms and conditions of this Article 4 shall not apply to any Investor to the extent such Investor’s shares of Series C Preferred Stock were converted pursuant to Section 8 of Article IV of the Company’s Fifth Amended and Restated Certificate of Incorporation.”

Expiration of Right; Excluded Investors. The right of first refusal and right of co-sale granted under this Section 4 shall not apply to, and shall expire upon, the effectiveness of a registration statement for a Qualified Public Offering or Liquidation Event, as defined in the Company’s Fifth Fourth Amended and Restated Certificate of Incorporation effective as of the date hereof. Notwithstanding anything to the contrary herein, the terms and conditions of this Article 4 shall not apply to any Investor to the extent such Investor’s shares of Series C Preferred Stock were converted pursuant to Section 8 of Article IV of the Company’s Fifth Amended and Restated Certificate of IncorporationIncorporation as in effect as of the date hereof.”