Common use of Disposition of Warrant or Shares Clause in Contracts

Disposition of Warrant or Shares. With respect to any offer, sale or other disposition of this Warrant or the shares of Common Stock acquired pursuant to the exercise of this Warrant prior to registration of such Warrant or shares, the holder hereof agrees to comply with all applicable provisions of the Certificate of Incorporation as well as the applicable provisions (including without limitation the provision governing disposition of shares of capital stock) set forth in that certain Amended and Restated Investor Rights Agreement by and among the Company and the other parties thereto dated as of September 24, 2014 (the “Rights Agreement), that certain Amended and Restated Right of First Refusal and Co-Sale Agreement by and among the Company and the other parties thereto dated as of September 24, 2014 (the “ROFR Agreement), that certain Amended and Restated Voting Agreement by and among the Company and the other parties thereto dated as of September 24, 2014 (the “Voting Agreement” and together with the Rights Agreement and the ROFR Agreement, the “Investor Agreements”). Upon exercise of this Warrant, at the Company’s request the holder of this Warrant shall execute and become a party to each of the Investor Agreements to carry out the intent of this Section 7(b).

Appears in 4 contracts

Samples: Nivalis Therapeutics, Inc., Nivalis Therapeutics, Inc., Nivalis Therapeutics, Inc.

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