Rights of Holders Inter Se. Each Holder of Securities shall have the absolute right to exercise or refrain from exercising any right or rights which such Holder may have by reason of this Agreement or any Security, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and such Holder shall not incur any liability to any other Holder or Holders of Securities with respect to exercising or refraining from exercising any such right or rights.
Rights of Holders Inter Se. Each Holder shall have the absolute right to exercise or refrain from exercising any right or rights which such Holder may have by reason of this Note or any security received in conversion of the Note including, without limitation, the right to consent to the waiver of any obligation of Bion and to enter into an agreement with Bion for the purpose of modifying this Note or any agreement effecting such modification, and such Holder shall not incur any liability to any other Holder or Holders of the Notes with respect to exercising or refraining from exercising any such right or rights.
Rights of Holders Inter Se. 31 12.4 Notices...........................................................................32 12.5 Survival of Representations and Warranties, etc...................................32 12.6 Severability......................................................................33 12.7 Parties in Interest...............................................................33 12.8 Headings..........................................................................33 12.9
Rights of Holders Inter Se. 26 10.4 Exculpation Among Investors and Holders.............................................. 27 -ii- TABLE OF CONTENTS (continued) 10.6 Notices.............................................................................. 27
Rights of Holders Inter Se. Each Investor shall have the absolute right to exercise or refrain from exercising any right or rights which such Investor may have by reason of this Agreement or any Security, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and such Investor shall not incur any liability to any other Investor with respect to exercising or refraining from exercising any such right or rights.
Rights of Holders Inter Se. 24 11.3 Notices..................................................................24 11.4 Survival of Representations and Warranties, etc..........................24 11.5 Severability.............................................................25 11.6 Parties in Interest......................................................25 11.7 Headings.................................................................25 11.8 Choice of Law............................................................25 11.9 Expenses.................................................................25 11.10 Counterparts; Facsimile..................................................25 ANNEX A List of Investors # OF SHARES OF INVESTORS REQUIRED PAYMENT COMMON STOCK WARRANTS ----------------------------- ------------------ --------------- -------- CFE, Inc. $2,500,000 833,333 833,333 Xxxxxxx Xxxxxx 500,000 166,667 166,667 Xxxx Xxxx 500,000 166,667 166,667 First Global Ventures, Inc. 1,000,000 333,333 333,333 ZeroDotNet, Inc. 1,000,000 333,333 333,333 Xxxxx X. Xxxxxxxxxx 100,000 333,333 333,333 Xxxxx X. Xxxxxxxxxx, 150,000 50,000 50,000 Individual Retirement Account Xxxxxxxxx Xxxxxx 100,000 33,333 33,333 Xxxxx Xxxxx 100,000 33,333 33,333 Xxxxx X.Xxxxx, as custodian 100,000 33,333 33,333 for Xxxxxxx X. Xxxxx Xxxxx X. Xxxxx, as 100,000 33,333 33,333 custodian for Xxxxxx Xxxxxx Xxxxx Xxxxx & Xxxxx Xxxxx, 100,000 33,333 33,333 co-trustees FBO DASCAS Revocable UTAD 7/6/93 Xxxxxxx Merdik 200,000 66,667 66,667 Xxxxxxx Xxxxxxxx 200,000 66,667 66,667 Xxx Xxxxxx 1,000,000 333,333 333,333 Xxxx Xxxxxx 200,000 66,667 66,667 Xxxxxx Xxxx 150,000 50,000 50,000 Xxxxxxxxxx Xxxxxxxxx 100,000 33,333 33,333 TOTAL $8,100,000 2,699,999 2,699,999 THE SECURITIES EVIDENCED BY THIS CERTIFICATE HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR UNDER ANY APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS THE REQUEST FOR TRANSFER IS ACCOMPANIED BY AN OPINION OF COUNSEL, REASONABLY SATISFACTORY TO THE COMPANY, STATING THAT SUCH TRANSFER IS EXEMPT THEREFROM UNDER SUCH ACT AND UNDER ANY APPLICABLE STATE SECURITIES LAWS. ____________, 2000 No.___________ WARRANT TO PURCHASE SHARES OF COMMON STOCK OF TELEHUBLINK CORPORATION This certifies that CFE, Inc. and its registered successors and assigns (the "Holder"), for value received, is entitled to purchase from TeleHubLink Corporation, a Delaware corpor...
Rights of Holders Inter Se. Purchaser shall have the absolute -------------------------- right to exercise or refrain from exercising any right or rights which Purchaser may have by reason of this Agreement or any Security, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and Purchaser shall not incur any liability to any other Purchaser with respect to exercising or refraining from exercising any such right or rights.
Rights of Holders Inter Se. Except as provided in Section 12.a., each Holder of Investor Stock shall have the absolute right to exercise or refrain from exercising any right or rights which such Holder may have by reason of this Agreement or its status as a Holder of Investor Stock, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and such Holder shall not incur any liability to any other Holder or Holders of Investor Stock with respect to exercising or refraining from exercising any such right or rights. Notwithstanding the foregoing, ABRY and ABRY/CIP shall jointly exercise all of their rights under this Agreement and under all of the Other Documents, except that (1) they may individually exercise their "Put" rights under the Stockholders Agreement, and (2) each has the right to cause directors to be elected to the Board of Directors of each of the Company and Citadel, as provided in the Voting Agreement.
Rights of Holders Inter Se. Each Holder of Shares or Warrant Shares has the absolute right to exercise or refrain from exercising any right or rights which such Holder may have by reason of this Agreement, the Warrant or any Shares or Warrant Shares, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement or the Warrant and to enter into an agreement with the Company for the purpose of modifying this Agreement or the Warrant or any agreement effecting any such modification. No such Holder will incur any liability to any other Holder or Holders of Shares or Warrant Shares with respect to exercising or refraining from exercising any such right or rights.
Rights of Holders Inter Se. 18 8.4 Exculpation Among Investors and Holders............. 19 8.5 Notices............................................. 19 8.6 Severability........................................ 19 8.7 Parties in Interest................................. 20 8.8 Headings............................................ 20 8.9
