Waiver and Consent agreement dated February 9, 2011, between Move, Inc. and both Elevation Partners, L.P. and Elevation Side Fund, LLC WAIVER AND CONSENT (“Waiver and Consent Letter”)Waiver and Consent Agreement • February 10th, 2011 • Move Inc • Real estate agents & managers (for others)
Reference is made to the Certificate of Designation of Series B Convertible Participating Preferred Stock (“Series B Preferred”) of Move, Inc., a Delaware corporation (f/k/a Homestore, Inc.) (the “Company”), as filed with the Secretary of State of the State of Delaware on November 29, 2005 and as in effect on the date hereof (the “Certificate of Designation”) and the Stockholders Agreement, dated as of November 29, 2005 (the “Stockholders Agreement”) among the Company, Elevation Partners, L.P., a Delaware limited partnership (“Elevation”) and Elevation Employee Side Fund, LLC (“Side Fund”, and together with Elevation, the “Stockholders”). All capitalized terms used but not defined herein shall have the respective meanings set forth in the Certificate of Designation.
