Examples of Series A Investors Rights Agreement in a sentence
In the event that the Holders fail to designate a representative to fill such vacant directorship, such vacant directorship shall continue until such time as an individual is designated to fill such vacant directorship in accordance with this Section 12 and the Series A Investors Rights Agreement.
The rights to representation on the Board of Directors set forth in this Section 12 shall be subject to the limitations set forth in Section 1.3 of the Series A Investors Rights Agreement.
To the extent permitted by Law and subject to Section 1.15 of the Series A Investors Rights Agreement and Section 12(a)(i) of this Certificate of Designations, any Series A Director and any Exit Demand Director may be removed at any time as a director on the Board of Directors (without cause) upon, and only upon, the affirmative vote or consent of the Supermajority Holders.
The Company shall, and shall cause each of its Subsidiaries to, comply with Section 1.2 of the Second Amended and Restated Series A Investors Rights Agreement, unless the prior affirmative vote or written consent of the Preferred Majority Holder has been obtained.
In the event that a vacancy is created on the Board of Directors at any time due to the death, resignation, removal or otherwise of any Series A Director or any Exit Demand Director, then the Holders shall have the right to designate an individual to fill such vacant directorship in accordance with Section 1.3(b) of the Series A Investors Rights Agreement.
For avoidance of doubt, the parties agree that the Company shall use its best efforts to obtain the consent required under the Series A Investors' Rights Agreement for entering the Investor's Rights Agreement, but failure to obtain that consent shall not constitute a breach by the Company of any representation, warranty or covenant contained in this Agreement.
Each covenant and protective voting provision contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant and protective voting provision contained herein and each covenant contained in the Series A Investors Rights Agreement, so that compliance with any one covenant or protective voting provision shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant or protective voting provision.
The Company shall, and shall cause its Subsidiaries to, comply with the provisions set forth in Section 1.1 and Sections 1.7 to 1.20 of the Series A Investors Rights Agreement and with each other term, covenant and other provision contained in the Series A Investors Rights Agreement.
Each Immaterial Subsidiary as of the Amendment Date shall be set forth in Exhibit E to the Second Amended and Restated Series A Investors Rights Agreement and the Company shall update such Exhibit from time to time after the Amendment Date as necessary to reflect all Immaterial Subsidiaries at such time (the selection of Subsidiaries of the Borrower to be added to or removed from such Exhibit to be made as the Company may determine).
In the event of any inconsistency between this Warrant, the Series A Securities Purchase Agreement and the Series A Investors Rights Agreement with respect to the subject matter hereof, this Warrant will control.