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to any other property included in the Leased Property (except under this Lease and the Purchase Agreement) are hereby superseded.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 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. 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. 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. 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. The parties hereto expressly --------------------------- agree that this Amended and Restated Rights Agreement shall supersede the Rights Agreement dated April 1, 1997 (the "Prior Agreement"), by and among the Company, Venture Lending and the Shareholders named therein. Effective upon execution of this Agreement by the Company, the Series C Shareholders and the holders of a majority of the Registrable Securities (as defined in the Prior Agreement) outstanding immediately prior to such execution, the Prior Agreement shall be terminated and restated in its entirety as set forth in this Agreement. Each of the undersigned Shareholders, to the extent such Shareholder is a party to the Prior Agreement and holds the right of first offer set forth in Section 4.1 of the Prior Agreement, hereby waives, on behalf of itself and all other holders of Registrable Securities, such right of first offer with respect to the sale of the Series C Shares pursuant to the Series C Purchase Agreement.
Termination of Prior Rights. Upon execution of this Agreement by the Company and the Investors, the Fifth Amended and Restated Rights Agreement dated as of September 22, 2000 between the Company, the Founder, the Original Investors, the Series C Investors, the Series B Warrantholders, the Series D Investors, the Series E Investors and the Series F Investors shall be terminated, be of no further force and effect and shall, in all respects, be superseded by the provisions of this Agreement.
Termination of Prior Rights. This Agreement amends and --------------------------- restates in its entirety the Rights Agreement dated June 10, 1996, the First Amended and Restated Rights Agreement dated December 20, 1996, and the Second Amended and Restated Rights Agreement dated April 2, 1998.
Termination of Prior Rights. Effective upon the execution of this --------------------------- Agreement by the Company and by the holders of at least 66 2/3% of the aggregate of the Series A Shares, the Series B Shares and the Warrant Shares, the Prior Rights Agreement is hereby amended and restated to read in its entirety as set forth herein. 2.
Termination of Prior Rights. The Company and the Prior Investors, to induce the Series E 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
1. this Agreement. Without limiting the foregoing in any way, the Prior Investors that become signatories hereto also agree to modify Section 4.1 of the Prior Rights Agreement subject and immediately prior to the closing of the sale of the Shares to exclude the proposed sale of the Shares pursuant to the Series E Agreement from the right of first refusal provisions thereof, with the effect that all such rights (including any related rights of prior notice) shall be rendered inapplicable with respect to the sale of the Shares under the Series E Agreement.
