No Registration Rights Agreements. Except and to the extent specifically set forth on Schedule 7(b) attached hereto, the Company has not previously entered into any agreement granting any registration rights with respect to any of its securities to any Person. Without limiting the generality of the foregoing, without the written consent of the Holders of at least 75% of the then underlying and outstanding Registrable Securities, the Company shall not grant to any Person the right to request the Company to register any securities of the Company under the Securities Act unless the rights so granted are subject in all respects to the prior rights in full of the Holders set forth herein, and are not otherwise in conflict or inconsistent with the provisions of this Agreement.
No Registration Rights Agreements. Other than the 2005 Registration Rights Agreement and the 2007 Registration Rights Agreement, EXCO is not bound by any agreement, contract or other arrangement with respect to its equity securities granting any demand, shelf, incidental/piggyback or other registration rights (“Registration Rights”) to any Person. Except as set forth on Schedule 4.11, there have not been any amendments, modification or supplements to, or any waivers under, either the 2005 Registration Rights Agreement or the 2007 Registration Rights Agreement.
No Registration Rights Agreements. (i) Other than the 2005 Registration Rights Agreement and the 2007 Registration Rights Agreement, the Company is not bound by any agreement, contract or other arrangement with respect to its equity securities granting any demand, shelf, incidental/piggyback or other registration rights (“Registration Rights”) to any person. Except as expressly disclosed in writing to the Investors prior to the date hereof, there have not been any amendments, modification or supplements to, or any waivers under, either the 2005 Registration Rights Agreement or the 2007 Registration Rights Agreement. Other than persons who would not be adversely affected and would not reasonably be expected to have or bring any material claim, no person has the right to require the Company or any of its subsidiaries to register any securities for sale under the Securities Act by reason of the filing of the Rights Offering Registration Statement. Schedule A hereto sets forth a true, complete and correct list of each person who delivered to the company a binding written waiver with respect to any such right, which binding written waivers are in full force and effect and copies of which have been provided to the Investors.
(ii) Schedule B hereto sets forth to the best of the Company’s knowledge, a true, complete and correct list of the names of each person (i) named as a selling shareholder in the Registration Statement on Form S-3 filed by the Company on April 16, 2010 or (ii) that the Company expects will be named as a selling shareholder on the Initial Shelf Registration Statement, and, in the case of either of clauses (i) or (ii), with respect to each such person, the number of Registrable Securities or Registrable Shares (as defined in the 2005 Registration Rights Agreement or the 2007 Registration Rights Agreement, respectively), respectively, owned by each such person as set forth in filings with the Commission with respect to the Common Stock. For purposes of this Agreement, the “2005 Registration Rights Agreement” means the First Amended and Restated Registration Rights Agreement of the Company, originally dated as of October 3, 2005, as amended and restated as of December 30, 2005, and the “2007 Registration Rights Agreement” means the Registration Rights Agreement of the Company, dated March 28, 2007, in respect of 7.0% Cumulative Convertible Perpetual Preferred Stock and Hybrid Preferred Stock.
(iii) The entry by the Investors and the Company into the Registration Rights Joinder Agr...
