Common use of No Other Agreements to Purchase Clause in Contracts

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l Preferred Shares to be issued to each of Rainy Day Investments Ltd., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011, Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited Partnership, as of the date hereof, (ii) the Common Shares and Class AA Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (lii) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l Preferred Shares to be issued to each of Rainy Day Investments Ltd.9222-2116 Québec Inc., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011, Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited Partnership, as of the date hereof, (ii) the Common Shares and Class AA Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (liiiii) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l A-1 Preferred Shares to be issued to each of 0000-0000 Xxxxxx Inc., Rainy Day Investments Ltd., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011, Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited Partnership, as of the date hereof, (ii) the Common Shares and Class AA Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (liiiv) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l Preferred Shares to be issued to each of Rainy Day Investments Ltd., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011, Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited PartnershipPartnership (collectively, “Highland”) and Capital GVR Inc., as of the date hereof, (ii) any other Series A-l Preferred Shares that may be issued to Xxx Xxxxxxxx, subject to the Common Shares prior written consent of Highland and Class AA the Investor (which consent is at the sole discretion of each such shareholder), and to each of Highland and the Investor, if and to the extent that either or both of such shareholders exercise their respective right of first offer pursuant to the Investors Rights Agreement, (iii) the Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (liiiv) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive preemptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l Preferred Shares to be issued to each of 0000-0000 Xxxxxx Inc., Rainy Day Investments Ltd., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011, Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited Partnership, as of the date hereof, (ii) the Common Shares and Class AA Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (liiiii) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.

No Other Agreements to Purchase. Except for the Investor’s right under this Agreement and except for (i) the other Series A-l A-1 Preferred Shares to be issued to each of Rainy Day Investments Ltd., Capital GVR Inc., Xxxxxx X. Xxxxxxxx, XX Marital Deduction Trust uad 8/1/2011Ltd. (“Rainy Day”), Highland Consumer Fund I Limited Partnership, Highland Consumer Fund I-B Limited Partnership and Highland Consumer Entrepreneurs Fund I Limited PartnershipPartnership (collectively, “Highland”), as of the date hereof, (ii) any other Series A-l Preferred Shares that may be issued to Xxx Xxxxxxxx, subject to the Common Shares prior written consent of Highland and Class AA Rainy Day (which consent is at the sole discretion of each such shareholder), and to each of Rainy Day and Highland, if and to the extent that either or both such shareholders exercise their respective right of first offer pursuant to the Investors Rights Agreement, (iii) the Common Shares issuable upon the exercise of options or the issuance of restricted shares under the Equity Plan and (liiiv) any options or shares that may be issued to Mogey Inc. (“Mogey”) pursuant to any settlement related to Mogey’s claim against the Corporation, no person has any written or oral agreement, option or warrant or any right or privilege (whether by law, pre-emptive or contractual) capable of becoming such for the purchase, subscription, allotment or issuance of any of the unissued shares or other securities of the Corporation.