Common use of Amendment and Restatement of Prior Agreement Clause in Contracts

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. All provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated herein. All Such amendment and restatement is effective upon the execution of this Agreement by the Company and the parties required for an amendment pursuant to Section 5.7 of the Prior Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety by the provisions hereof and shall have no further force or effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated as set forth herein. All provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated as provided herein. All provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights pursuant to Section 2.4 of the Prior Agreement to notice of or the right to participate in the offer and sale of shares of Series D Preferred Stock pursuant to the Series D Agreement.

Amendment and Restatement of Prior Agreement. The Upon the execution of this Agreement pursuant to Section 9.6 in the Prior Agreement, the Prior Agreement is hereby amended and restated in its entirety and restated as set forth herein. All Unless otherwise mutually agreed by all applicable Parties, upon such execution, all provisions of, of rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded terminated in their entirety and shall have no further force or and effect, and shall be superseded and replaced with the rights, covenants and obligations hereunder.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated as provided herein. All provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect.. [Remainder of page intentionally left blank]

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. All provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and any notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. All provisions of, rights granted in and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect., including, without limitation, all rights of first refusal and any notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement. [THIS SPACE LEFT BLANK INTENTIONALLY]