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 registration of the Registrable Securities, and (b) an Acquisition or Asset Transfer (each as defined in the Articles). The preemptive rights established by this Section 4 may be amended, or any provision waived, either prospectively or retrospectively, with the written consent of Investors holding not less than a majority of the Registrable Securities held by all Holders, or as permitted by Section 5.5.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Investor Rights Agreement

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 registration closing of the Registrable Securities, and Company's Initial Offering or (bii) consummation of an Acquisition or Asset Transfer (each or Acquisition as defined in the Articles)Company's Restated Certificate of Incorporation. The preemptive rights established by this Section 4 may be amended, or any provision waived, either prospectively or retrospectively, waived with the written consent of Major Investors holding not less than a majority sixty percent (60%) of the Registrable Securities held by all HoldersMajor Investors, or as permitted by Section 5.55.6.

Appears in 1 contract

Samples: Investor Rights Agreement (Asia Online LTD)

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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 registration effective date of the Registrable Securities, and registration statement pertaining to the Company’s Initial Offering or (bii) an Acquisition or Asset Transfer (each as defined a Change in the Articles)Control. The preemptive rights established by this Section 4 may be amended, or any provision waived, either prospectively or retrospectively, waived with respect to a particular transaction with the written consent of Investors holding not less than a majority at least 75% of the Registrable Securities then held by all HoldersInvestors, or as permitted by Section 5.5.

Appears in 1 contract

Samples: Investor Rights Agreement (Appian Corp)

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