Common use of Termination and Waiver of Right of First Refusal Clause in Contracts

Termination and Waiver of Right of First Refusal. The rights of the Purchasers under this Article VI may be waived only upon the prior written consent of the holders of 60% of the outstanding shares of Preferred Stock and shall terminate immediately prior to the effectiveness of the registration statement with respect to the Initial Public Offering, but expressly conditioned on the consummation of the Initial Public Offering.

Appears in 3 contracts

Samples: Series a Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc), Series C Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc)

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Termination and Waiver of Right of First Refusal. The rights of the Purchasers under this Article VI may be waived only upon the prior written consent of the holders of 60% of the outstanding shares of Serial Preferred Stock and shall terminate immediately prior to the effectiveness of the registration statement with respect to the Initial Public Offering, but expressly conditioned on the consummation of the Initial Public Offering.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc), Series E Preferred Stock Purchase Agreement (Chemgenics Pharmaceuticals Inc)

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Termination and Waiver of Right of First Refusal. The rights of the Purchasers Purchaser under this Article VI may be waived only upon the prior written consent of the holders of 60% two-thirds in interest of the outstanding shares of Preferred Stock and shall terminate immediately prior to the effectiveness of the registration statement with respect to the Initial Public Offering, but expressly conditioned on the consummation of the Initial Public Offering.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Verticalnet Inc)

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