Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders of more than two-thirds (2/3) of the outstanding shares of such series. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
Waiver of Adjustment of Conversion Price. Pursuant to Article V, Section 5(i) (Waiver of Adjustment of Conversion Price) of the Restated Certificate of Incorporation of the Company, as amended (the “Restated Certificate”), the Investors hereunder, constituting the holders of a majority of the outstanding shares of each series of the Company’s Preferred Stock, hereby waive on their own behalf and on behalf of all holders of each series of the Company’s Preferred Stock, any downward adjustment of the Conversion Price (as defined in the Restated Certificate) of any series of Preferred Stock (including but not limited to any downward adjustment of the Conversion Price of the Series D-1 Preferred Stock pursuant to Section 7.9 of the Series D-1 Preferred Stock Purchase Agreement between the Company and the parties named therein dated September 15, 2010), upon the issuance of 375,000 shares of Company’s Common Stock to Xxxxx Xxxxxxxxxx and/or his affiliated trust (the “Ramankutty Issuance”) in connection with the settlement of the arbitration proceeding between Company and Xx. Xxxxxxxxxx, provided however, that the foregoing waiver shall not apply with respect to the adjustment to the Conversion Price of the Series D Preferred Stock (as defined in the Restated Certificate) as a result of the Ramankutty Issuance pursuant to Section 7.9 of the Series D Preferred Stock Purchase Agreement between the Company and the parties named therein dated February 12, 2010. (The remainder of this page is left intentionally blank)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Shares as a result of the issuance of Additional Common Shares (including Additional Common Shares deemed to be issued pursuant to Section 3.07(f)(iii)) may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders of a majority of the outstanding shares of such series of Preferred Shares (each voting as a separate class on an as-converted basis). Any such waiver shall bind all holders of such series of Preferred Shares, including future holders.
Waiver of Adjustment of Conversion Price. The holders of a majority of the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock then outstanding, voting as a single class on an as-converted basis (which determination may be either prospective or retroactive and either generally or in a particular instance, and shall bind all future holders of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock) may waive the rights provided by subsection (D) of this Section 4.3 with respect to the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock. The holders of a majority of the Series E Preferred Stock then outstanding (which determination may be either prospective or retroactive and either generally or in a particular instance, and shall bind all future holders of Series E Preferred Stock) may waive the rights provided by subsection (D)of this Section 4.3 with respect to the Series E Preferred Stock.
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Units may be waived by the consent or vote of the holders of the majority of the outstanding Preferred Units of such series either before or after the issuance causing the adjustment. Any such waiver shall bind all future holders of such series of Preferred Units.
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Purchased Debenture Conversion Price (and the corresponding Exchange Debenture Conversion Price) may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the Holders of 85% of the principal amount of Purchased Debentures and the Exchange Debentures (voting together as a separate class). Any such waiver shall bind all present and future Holders of the Purchased Debentures and the Exchange Debentures.
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein or elsewhere to the contrary, any downward adjustment of the Conversion Price may be waived by the consent or vote of the majority of the holders of each series of the Preferred Shares with respect to such series of Preferred Shares only, which is relevant to such adjustment either before or after the issuance causing the adjustment. 50
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, the operation of, and any adjustment of the Conversion Price pursuant to, this Section 9 may be waived, either prospectively or retroactively and either generally or in a particular instance, in each case by the Investor. Any waiver pursuant to this Section 9 shall bind all future holders of this Note.
