Common use of WAIVER OF RIGHTS UNDER AND TERMINATION OF PRIOR INVESTORS Clause in Contracts

WAIVER OF RIGHTS UNDER AND TERMINATION OF PRIOR INVESTORS. RIGHTS AGREEMENT. Each of the parties to that certain Amended and Restated Investors' Rights Agreement dated as of November 26, 1996 and among the Company and the investors identified therein (the "Amended and Restated Investors' Rights Agreement"), hereby (i) waives all rights to notice of, and to purchase, the Series D Preferred Stock pursuant to Section 2.9 of such Amended and Restated Investors' Rights Agreement, and (ii) agrees that upon execution and delivery of this Agreement by each of the parties hereto, such Amended and Restated Investors' Rights Agreement shall be superseded, amended and restated in its entirety by this Agreement.

WAIVER OF RIGHTS UNDER AND TERMINATION OF PRIOR INVESTORS. RIGHTS AGREEMENT. Each of the parties to that certain Amended and Restated Investors' Rights Agreement dated as of November 26April 12, 1996 1999, and among the Company and the investors identified therein (the "Amended and Restated InvestorsAMENDED AND RESTATED INVESTORS' Rights AgreementRIGHTS AGREEMENT"), hereby (i) waives all rights to notice of, and to purchase, the Series D F Preferred Stock pursuant to Section 2.9 of such Amended and Restated Investors' Rights Agreement, and (ii) agrees that upon execution and delivery of this Agreement by each of the parties hereto, such Amended and Restated Investors' Rights Agreement shall be superseded, amended and restated in its entirety by this Agreement.

WAIVER OF RIGHTS UNDER AND TERMINATION OF PRIOR INVESTORS. RIGHTS AGREEMENTRights Agreement. Each of the parties to that certain Amended and Restated Investors' Rights Agreement dated as of November 26April 12, 1996 1999, and among the Company and the investors identified therein (the "Amended and Restated InvestorsAMENDED AND RESTATED INVESTORS' Rights AgreementRIGHTS AGREEMENT"), hereby (i) waives all rights to notice of, and to purchase, the Series D F Preferred Stock pursuant to Section 2.9 of such Amended and Restated Investors' Rights Agreement, and (ii) agrees that upon execution and delivery of this Agreement by each of the parties hereto, such Amended and Restated Investors' Rights Agreement shall be superseded, amended and restated in its entirety by this Agreement.