Common use of Termination and Waiver of Preemptive Rights Clause in Contracts

Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (a) the effective date of the registration statement pertaining to the Company’s Initial Offering that results in the Preferred Stock being converted into Common Stock and (b) an Acquisition. Notwithstanding Section 5.5 hereof, the preemptive rights established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

Appears in 1 contract

Samples: Investor Rights Agreement

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Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (a) the effective date registration of the registration statement pertaining to the Company’s Initial Offering that results in the Preferred Stock being converted into Common Stock Registrable Securities, and (b) an AcquisitionAcquisition or Asset Transfer (each as defined in the Articles). Notwithstanding Section 5.5 hereof, the The preemptive rights established by this Section 4 may be amended, or any provision waived with and only waived, either prospectively or retrospectively, with the written consent of the Company and the Major Investors holding not less than a majority of the Registrable Securities held by all Major InvestorsHolders, or as permitted by Section 5.5.

Appears in 1 contract

Samples: Investor Rights Agreement (AeroGrow International, Inc.)

Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (ai) the effective date of the registration statement pertaining to the Company’s Initial Offering that results or (ii) a Change in the Preferred Stock being converted into Common Stock and (b) an AcquisitionControl. Notwithstanding Section 5.5 hereof, the The preemptive rights established by this Section 4 may be amended, or any provision waived with and only respect to a particular transaction with the written consent of the Company and the Major Investors holding a majority at least 75% of the Registrable Securities then held by all Major Investors, or as permitted by Section 5.5.

Appears in 1 contract

Samples: Investor Rights Agreement (Appian Corp)

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Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (ai) the effective date closing of the registration statement pertaining to Company's Initial Offering or (ii) consummation of an Asset Transfer or Acquisition as defined in the Company’s Initial Offering that results in the Preferred Stock being converted into Common Stock and (b) an Acquisition's Restated Certificate of Incorporation. Notwithstanding Section 5.5 hereof, the The preemptive rights established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority sixty percent (60%) of the Registrable Securities held by all Major Investors, or as permitted by Section 5.55.6.

Appears in 1 contract

Samples: Investor Rights Agreement (Asia Online LTD)

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