Common use of Registration Under Securities Act of 1933, as amended Clause in Contracts

Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to have certain “piggyback” and “S-3” registration rights in parity with investors pursuant to and as set forth in the Rights Agreement. The provisions set forth in the Company’s Investors’ Right Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to Holder.

Appears in 4 contracts

Samples: Warrant Agreement (Forescout Technologies, Inc), Warrant Agreement (Forescout Technologies, Inc), Warrant Agreement (Forescout Technologies, Inc)

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Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the The Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have certain incidental, or piggybackPiggyback,” and “S-3” S-3 registration rights in parity with investors pursuant to and as set forth in the Company’s Amended and Restated Investors’ Rights AgreementAgreement dated December 13, 2007, as amended and in effect from time to time (the “XXX”). For the avoidance of doubt, such registration rights shall not include demand registration rights (except to the extent that S-3 rights may be deemed demand rights). The provisions set forth in the Company’s Investors’ Right Agreement or similar agreement XXX relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.

Appears in 3 contracts

Samples: Warrant Agreement (Zogenix, Inc.), Warrant Agreement (Zogenix, Inc.), Warrant Agreement (Zogenix, Inc.)

Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the The Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have certain “piggyback” and “S-3” registration rights in parity with investors pursuant to and as set forth in the Company’s Amended and Restated Registration Rights Agreement dated as of November 9, 2007, as amended from time to time (the “Rights Agreement”) upon Holder’s execution of an amendment to the Rights Agreement, in a form satisfactory to the Company and Holder. The provisions set forth in the Company’s Investors’ Right Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Carbylan Therapeutics, Inc.), Warrant Agreement (Carbylan Therapeutics, Inc.)

Registration Under Securities Act of 1933, as amended. In connection with the issuance of this WarrantSubject to Section 5.11 below, the Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have (i) certain “piggyback” and “S-3” registration rights pursuant to and as set forth in parity with investors the Company’s Investor Rights Agreement or similar agreement (as amended from time to time, the “Rights Agreement”), and (ii) to the extent allowable under the Rights Agreement, certain S-3 registration rights pursuant to and as set forth in the Rights Agreement. The provisions set forth in the Company’s Investors’ Right Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Fitbit Inc), Warrant Agreement (Fitbit Inc)

Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the The Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have certain incidental, or piggybackPiggyback,” and “S-3” S-3 registration rights in parity with investors pursuant to and as set forth in Sections 1.4 and 1.5 (together with all other registration rights-related sections of general applicability) of the Company’s Amended and Restated Investor Rights Agreement dated November 10, 2009 (as amended and/or restated from time to time, the “Rights Agreement’). The provisions set forth in the Company’s Investors’ Right Rights Agreement or similar agreement relating to the above foregoing registration rights in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as Class whose holders are parties to the Shares granted to HolderRights Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Fate Therapeutics Inc)

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Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the The Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have certain “piggyback” and “S-3” registration rights in parity with the investors pursuant to and as set forth in Sections 2.2 and 2.3 of the Company’s Investors’ Rights Agreement dated February 10, 2011 (the “Rights Agreement”), which rights shall be effective as of the date that the Company receives an executed joinder to the Rights AgreementAgreement from Holder. The provisions set forth in the Company’s Investors’ Right Investor Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to Holder.

Appears in 1 contract

Samples: Warrant Agreement (Principia Biopharma Inc.)

Registration Under Securities Act of 1933, as amended. In connection with the issuance of this Warrant, the The Company is amending its Amended and Restated Investors’ Rights Agreement dated as of November 30, 2007 (the “Rights Agreement”) to make Holder a party thereto for the purposes, among other things, of causing agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, to shall have certain “piggyback” and “S-3” registration rights in parity with the investors pursuant to and as set forth in the Company’s Investor Rights Agreement dated September 2, 2011 and as amended from time to time (the “Investor Rights Agreement”), upon Holder’s exercise of this Warrant and execution of a joinder agreement to the Investor Rights Agreement if requested by Company. The provisions set forth in the Company’s Investors’ Right Investor Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the “piggyback” and “S-3” registration rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to Holder.

Appears in 1 contract

Samples: Warrant Agreement (1Life Healthcare Inc)

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