Waiver and Termination of Agreements Sample Clauses

Waiver and Termination of Agreements. (a) Notwithstanding anything hereunder to the contrary, the parties agree and acknowledge that, pursuant to the Prior Agreement (i) that certain Stockholders Agreement, dated December 17, 1999 (the “December 17, 1999 Agreement”), and/or that certain Series A/B Convertible Participating Preferred Stock Purchase Agreement, dated as of December 17, 1999 were each terminated as of the Series A Closing Date, (ii) such parties waived any and all of their respective rights which they may have had with respect to such agreements, including any and all of such respective rights relating to the Contemplated Transactions (as defined in that certain Securities Purchase Agreement, dated as of December 30, 2003, by and among the Company and the Investors named therein and (iii) notwithstanding the foregoing clause (ii), the Shareholders who were parties to the December 17, 1999 Agreement did not waive any claims they may have had against each other but only any claims each may have directly or indirectly against the Company or any of its officers or directors in their capacities as such (including claims for indemnity). Each of the Shareholders represents to each other Shareholder that it is not now aware of any claims such Shareholder may have against any other Shareholder.

Waiver and Termination of Agreements. Prior to the Closing, any and all other Persons who are parties to agreements, whether written or oral, that provide them extraordinary rights (including rights with respect to voting, appointment of directors or officers, control of operations, or limitations on shareholders’ exercise of shareholders normal rights incidental to their respective share ownership in such corporations) with respect to the Company, whether presently existing or arising upon consummation of any of the Contemplated Transactions, all of which agreements are identified on Section 7.1(c) of the Disclosure Schedule, shall execute waivers and terminations of such agreements in a form acceptable to the Purchaser and its counsel.

Waiver and Termination of Agreements. Prior to the Closing, the Sellers and the Company, as applicable, and any other Persons who are parties to agreements, whether written or oral, that provide them extraordinary rights (including rights with respect to voting, appointment of directors or officers, control of operations, or limitations on shareholder’s exercise of shareholder’s normal rights incidental to their respective share ownership in such corporations) with respect to the Company, whether presently existing or arising upon consummation of any of the Contemplated Transactions, all of which agreements are identified on Section 7.1(c) of the Disclosure Schedule (the “Shareholder Agreements”) shall execute waivers and terminations of such agreements in a form acceptable to the Purchaser and its counsel.