Examples of Original Securities Purchase Agreement in a sentence
As of the Effective Date, this Amendment and Restatement amends, restates, supersedes and replaces in its entirety any prior agreement or understanding between the parties relating to the subject matter hereof, including the Original Securities Purchase Agreement, according to the terms and provisions set forth herein.
Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 9, as the case may be, that corresponds with such Section in former Annex A.
All claims for indemnification by any party and all costs and expenses incurred by the Indemnifying Party in defending such claim or demand shall be subject to the provisions of Sections 9.4 through 9.6 of the Original Securities Purchase Agreement.
If any of the events described in Section 6 of this Warrant occur between the date of the Original Securities Purchase Agreement and the date this Warrant is issued, the Warrant Price shall be adjusted as if Section 6 were in effect as of the date of the Original Securities Purchase Agreement—and such adjusted price shall replace the price listed above in brackets in the definitive Warrant that is issued.
Subject to Section 7.15 of the Original Securities Purchase Agreement, neither this Agreement nor any of the rights or obligations hereunder shall be assigned by any of the parties hereto without the prior written consent of each of the other parties.