Common use of Consent Right Clause in Contracts

Consent Right. For a period of twenty-four (24) months following the Closing Date, for so long as a Purchaser holds at least fifty percent (50%) of the aggregate number of Pre-Funded Warrants and/or Shares as originally purchased by such Purchaser pursuant to this Agreement (as such number may be adjusted pursuant to the terms of the Pre-Funded Warrant), such Purchaser shall have a consent right (the “Consent Right”) over any material amendment, modification or addition to, or revocation of the Company’s Digital Asset Strategy (or any similar or successor strategy) as approved by the Digital Asset Strategy Advisory Committee (in each case as defined in the Form 8-K relating to this Agreement) or the Board of Directors. The Company must provide prior written notice (email being sufficient) of any such proposed change to each Purchaser then holding the Consent Right. Each such Purchaser will then have two (2) Business Days to provide written notice of its consent to or rejection of such change in the Company’s Digital Asset Strategy. A Purchaser’s failure to respond will be deemed consent.

Appears in 2 contracts

Sources: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)