ContractInvestors' Rights Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 Jurisdiction<DOCUMENT> <TYPE>EX-4.2 <SEQUENCE>4 <FILENAME>y09078exv4w2.txt <DESCRIPTION>EX-4.2: SECOND AMENDED AND RESTATED INVESTOR'S RIGHTS AGREEMENT <TEXT> <PAGE> Exhibit 4.2 EXECUTION COPY SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT This Second Amended and Restated Investors' Rights Agreement (this "AGREEMENT") is made as of October 26, 2004 by and among Electro-Optical Sciences, Inc., a Delaware corporation (the "COMPANY") and the investors (the "EXISTING INVESTORS") which are parties to the Company's Amended and Restated Investors' Rights Agreement dated as of June 20, 2003 as such agreement was amended by that certain Amendment to the Amended and Restated Investors' Rights Agreement dated as of March 21, 2004 (the "PRIOR RIGHTS AGREEMENT"), the New Investors (as defined below) and the Former HP I Equity Holders (as defined below). Capitalized terms used herein, but not otherwise defined shall have the meanings ascribed to such terms in Section 4 hereof. RECITALS WHEREAS, the Exi