Common use of Effect on Prior Agreement Clause in Contracts

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Holders performing services for the Company holding a majority of the shares of Common Stock then held by the Common Holders, and the holders of at least a majority in interest of the shares of Series B Preferred Stock held by the Investors, the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Holders performing services for the Company holding a majority of the shares of Common Stock then held by the Common Holders, and the holders of at least a majority in interest seventy-six percent (76%) of the Registrable Securities (as defined in the Prior Agreement) who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series B C Preferred Stock held by the such Investors), the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)

Effect on Prior Agreement. Upon the execution and delivery of this Agreement by the Company, the Common Holders performing services for the Company holding a majority of the shares of Common Stock then held by the Common Holders, and the holders of at least a majority in interest 75% of the Preferred Stock held by those Investors who are party to the Prior Agreement (measured before giving effect to any purchase of shares of Series A-2 Preferred Stock or Series B Preferred Stock held by the such Investors), the Prior Agreement automatically shall terminate and be of no further force and effect and shall be amended and restated in its entirety as set forth in this Agreement. (Remainder of page intentionally left blank.)