Waiver; Amendment; Termination. The parties to this Agreement hereby agree and acknowledge that the Corporation has, as of, and at all times prior to, the date of this Agreement, complied with all of its obligations under the Prior Agreement and the Prior Second Agreement and that the Corporation shall have no liability or obligation to pay any damages under the Prior Agreement or the Prior Second Agreement with respect to any right, covenant or obligation arising under the Prior Agreement or the Prior Second Agreement at any time prior to the date of this Agreement. All provisions of, rights granted and covenants made in, the Prior Agreement or the Prior Second Agreement are hereby waived, released and superseded, with full retrospective and prospective effect, in their entirety and shall have no further force or effect. The Prior Second Agreement is hereby terminated in its entirety without any liability of any party thereunder whatsoever and shall have no further force or effect.
Appears in 4 contracts
Samples: Series B Convertible Preferred Stock and Warrant Purchase Agreement (Radius Health, Inc.), Series B Convertible Preferred Stock and Warrant Purchase Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.)
