Common use of Applicability of Restrictions Clause in Contracts

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 21 contracts

Samples: Digirad Corp, Advanced BioHealing Inc, Tengion Inc

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Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 7 contracts

Samples: Stockholders Agreement (DSL Net Inc), DSL Net Inc, DSL Net Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 7 contracts

Samples: Prometheus Laboratories Inc, Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc), Subordination Agreement (Packeteer Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b6(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 5 contracts

Samples: Regenerx Biopharmaceuticals Inc, Regenerx Biopharmaceuticals Inc, Regenerx Biopharmaceuticals Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant warrant (or the Series Preferred or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder Holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant warrant as if an original holder Holder hereof.

Appears in 5 contracts

Samples: Security Agreement (Ats Medical Inc), Subordinated Security Agreement (Ats Medical Inc), Ats Medical Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 5 contracts

Samples: Dot Hill Systems Corp, Dot Hill Systems Corp, Ista Pharmaceuticals Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, provided that in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 4 contracts

Samples: Agreement (Nimblegen Systems Inc), Agreement (Nimblegen Systems Inc), Elixir Pharmaceuticals, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, in this Warrant (or the Series Preferred or Common Stock Shares obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 4 contracts

Samples: Bakbone Software Inc, Cherokee Inc, Cherokee Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b6(g) above shall apply to any transfer of, or grant of a security interest in, in this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder Holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder Holder hereof.

Appears in 3 contracts

Samples: Iq Biometrix Inc, Iq Biometrix Inc, Iq Biometrix Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Samples: Phenomix CORP, Rightnow Technologies Inc, Omm Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an art original holder hereof.

Appears in 3 contracts

Samples: Comscore, Inc., Comscore, Inc., Comscore, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b8(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 3 contracts

Samples: Marver James D, Marver James D, Euniverse Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Samples: Warrant (Dot Hill Systems Corp), Dot Hill Systems Corp, Dot Hill Systems Corp

Applicability of Restrictions. Neither any restrictions of any legend ----------------------------- described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on -------- ------- the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Samples: Xenogen Corp, Emachines Inc /De/, Emachines Inc /De/

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b8(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Samples: Metabasis Therapeutics Inc, Metabasis Therapeutics Inc, Metabasis Therapeutics Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock Shares obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Comscore, Inc., Comscore, Inc.

Applicability of Restrictions. Neither any restrictions of any ----------------------------- legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Netscreen Technologies Inc), Onvia Com Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant warrant (or the Series Preferred or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Sunesis Pharmaceuticals Inc, Sunesis Pharmaceuticals Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; providedPROVIDED, howeverHOWEVER, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Digirad Corp), Mitokor

Applicability of Restrictions. Neither any No restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable to be purchased upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the CompanyCorporation’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Butler International Inc /Md/, Butler International Inc /Md/

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise hereof or thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, provided that in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Bayhill Therapeutics, Inc., Bayhill Therapeutics, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: MAP Pharmaceuticals, Inc., MAP Pharmaceuticals, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, that the transferor shall give prior notice to the Company of such transfer and in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Salient Surgical Technologies, Inc., Salient Surgical Technologies, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or shares of Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Warrant Exchange Agreement (Sirna Therapeutics Inc), Solicitation Agreement (Ribozyme Pharmaceuticals Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b7(a) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Athenahealth Inc, Athenahealth Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 2 contracts

Samples: Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc

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Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or shares of Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Samples: Venrock Associates, Venrock Associates

Applicability of Restrictions. Neither any No restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable to be purchased upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, howeverbut, in any such transfer, if applicable, the transferee shall on the CompanyCorporation’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Cityzenith Holdings, Inc.

Applicability of Restrictions. Neither Subject to compliance with the first sentence of Section 7(b), neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable Shares issuable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant and the Investor Rights Agreement as if an original holder hereof.

Appears in 1 contract

Samples: Solyndra, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred Stock or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicableby acceptance of this Warrant, the transferee shall on the Company’s request agree in writing agrees to be bound by the terms of this Warrant as if an original holder hereofhereof and shall, on the Company’s request, agree in writing to be so bound.

Appears in 1 contract

Samples: Acadia Pharmaceuticals Inc

Applicability of Restrictions. Neither any restrictions of any ----------------------------- legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, --------- ------- the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Onvia Com Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder Holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder Holder hereof.

Appears in 1 contract

Samples: Atheros Communications Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section Sections 7(b) and 7(c) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Myogen Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) 8.2 above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Prolong International Corp

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder bolder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 1 contract

Samples: Acubid Com Inc

Applicability of Restrictions. Neither any The restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall not apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Shares of Common Stock obtainable issuable upon the exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Javelin Pharmaceuticals, Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Micromet, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Chadmoore Wireless Group Inc

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; providedPROVIDED, howeverHOWEVER, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Vantagepoint Venture Partners 1996

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable issuable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Solyndra, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Depomed Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Class A Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Samples: BigBand Networks, Inc.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 1 contract

Samples: Exelixis Inc

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