CONSENT AND WAIVER AGREEMENT (Subsequent Investors)Consent and Waiver Agreement • May 2nd, 2008 • Vertical Communications, Inc. • Services-prepackaged software • New York
This CONSENT AND WAIVER AGREEMENT (this “Agreement”) is made and entered into as of this 16th day of April, 2008 among Vertical Communications, Inc., a Delaware corporation (the “Company”), and each of the undersigned holders (collectively, the “Stockholders”) of (i) shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and warrants to purchase Common Stock (the “Warrants”) and (ii) the Company’s Series E Convertible Preferred Stock, par value $1.00 per share (the “Series E Preferred Stock”), each of whom are parties to any of the Prior Agreements (as such term is defined below) (such Stockholders holding a sufficient number of shares of Common Stock, Warrants and/or Series E Preferred Stock to take the actions provided for herein).
JOINDER AGREEMENTJoinder Agreement • May 2nd, 2008 • Vertical Communications, Inc. • Services-prepackaged software • New York
THIS JOINDER AGREEMENT (this “Agreement”) is made and entered into this 16th day of April, 2008, by and among Vertical Communications, Inc., a Delaware corporation (the “Company”), and the undersigned investors listed on Exhibit A attached hereto (the “Additional Purchasers”).
