Termination of Prior Rights. The Shareholders, who include a majority in interest of the "Shareholders" who are parties to the Rights Agreement, and the Company hereby terminate the Rights Agreement and in place thereof enter into this Restated Rights Agreement which shall be the sole agreement among the Shareholders and the Company relating to the subject matter hereof.
Termination of Prior Rights. Without limiting the rights and obligations of Tenant under this Lease, Tenant acknowledges that any and all rights or interest of Tenant in and to the Land, the improvements to the Land and to any other property included in the Leased Property (except under this Lease and the Purchase Agreement) are hereby superseded. Tenant quitclaims unto Landlord any rights or interests Tenant has in or to the Land, the improvements to the Land and to any other property included in the Leased Property other than the rights and interests created by this Lease and the Purchase Agreement.
Termination of Prior Rights. The Company and the Prior Investors, to induce the Series D Investors to invest in the Company, accept and agree to the termination of all prior rights under the Prior Rights Agreement, and accept and agree to be bound by the terms of this Agreement.
Termination of Prior Rights. Each party hereto agrees and acknowledges that the Prior Agreement is hereby terminated and this Agreement supersedes all prior agreements and understandings among the parties with respect to registration rights for the Registrable Securities (as defined herein) and all other matters addressed herein.
Termination of Prior Rights. Effective and contingent upon execution of this Agreement by holders of a majority of the Shares of Demand Registrable Securities (as such term is defined in Section 1 of the Prior Agreement) and upon the closing of the transactions contemplated by the Purchase Agreement, the Prior Agreement is hereby declared null and void and is amended and restated in its entirety to read as set forth in this Agreement, and the Company, the Purchasers and the Prior Rights Holders hereby agree to be bound by the provisions hereof as the sole agreement of the Company, the Purchasers and the Prior Rights Holders with respect to registration and information rights and Rights of First Refusal set forth herein.
Termination of Prior Rights. 23 5.10 Confidentiality and Non-Disclosure...........................................24 5.11 Sale of the Company..........................................................25 5.12 Waiver.......................................................................25 RIVAXX.XXX, XXC. AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT This Amended and Restated Investor Rights Agreement (the "Agreement") is made as of the 11th day of February, 2000, by and among Rivaxx.xxx, Xxc., a Washington corporation (formerly known as Rivalnet, Inc.) (the "Company"), the holders of shares of Series A Preferred Stock of the Company listed on Exhibit A attached hereto (the "Series A Investors"), the holders of shares of Series B Preferred Stock of the Company listed on Exhibit B attached hereto (the "Series B Investors"), the investors listed on Exhibit C attached hereto (the "Series C Investors"), the investors listed on Exhibit D attached hereto (the "Series E Investors" and, collectively with the Series A Investors, the Series B Investors and the Series C Investors, the "Investors") and the holders of options to purchase shares of Common Stock of the Company set forth on Exhibit E attached hereto (the "Officers").
Termination of Prior Rights. Effective and contingent upon execution of this Agreement by the Company and the holders of a majority of the outstanding Registrable Securities (as such term is defined in the Prior Agreement) and upon the closing of the transactions contemplated by the Series E Purchase Agreement, the Prior Agreement shall be null and void and amended and restated in its entirety to read as set forth in this Agreement, and the Company and the Investors hereby shall be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to registration rights of the Company's securities and the other rights set forth herein.
Termination of Prior Rights. Each Series B Holder and Acacia Common Holder hereby agrees that such Holder shall have no rights hereunder or under the Fourth Restated Rights Agreement unless such Holder has executed the Termination Agreement by and among the Company, Acacia Biosciences, Inc. and the other parties thereto attached as EXHIBIT K to the Agreement and Plan and Reorganization dated as of January 29, 1999; PROVIDED, HOWEVER, notwithstanding the foregoing such Holder shall be subject to Section 1.15 hereof.
Termination of Prior Rights. The Company and the Prior --------------------------- Investors, to induce the Series F Investors to invest in the Company, accept and agree to the termination of all prior rights under the Prior Rights Agreement, and accept and agree to be bound by the terms of this Agreement, and accept and agree that the Prior Rights Agreement is hereby amended and restated in its entirety by this Agreement. Without limiting the foregoing, by execution and delivery of this Agreement, the Prior Investors that become signatories hereto waive, on behalf of all Prior Investors, any and all rights of first offer (including rights of notice, if any) that may otherwise have arisen under Section 3.1 of the Prior Rights Agreement with respect to the sales of shares of Series F Preferred Stock of the Company contemplated by the Series F Agreement and the F Warrant.
Termination of Prior Rights. Upon execution of this Agreement --------------------------- by the Company and the holders of at least a majority of the outstanding Registrable Securities (as defined in the Existing Rights Agreement) and the holders of at least a majority of the outstanding Series C Preferred Stock, the Existing Rights Agreement is hereby amended and restated pursuant to Sections 2 and 5.7 of the Existing Rights Agreement to read as set forth in this Agreement.
