Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:
Appears in 186 contracts
Samples: Investors' Rights Agreement (Rightnow Technologies Inc), Investor Rights Agreement (Epocrates Inc), Investor Rights Agreement (Sprout Social, Inc.)
Excluded Securities. The rights of first refusal established by this Section 4 Article IV shall have no application to any of the following Equity Securities:
Appears in 17 contracts
Samples: Rights Agreement (Air South Airlines Inc), Rights Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Excluded Securities. The rights of first refusal established by this Section 4 5 shall have no application to any of the following Equity Securities:
Appears in 17 contracts
Samples: Investor Rights Agreement (Idb Holding Corp LTD), Investor Rights Agreement (Crinetics Pharmaceuticals, Inc.), Investors’ Rights Agreement (Eidos Therapeutics, Inc.)
Excluded Securities. The rights of first refusal established by this Section 4 2 shall have no application to any of the following Equity Securities:
Appears in 5 contracts
Samples: Investor Rights Agreement (Xata Corp /Mn/), Investor Rights Agreement (TCV Vii Lp), Investor Rights Agreement (Xata Corp /Mn/)
Excluded Securities. The rights of first refusal established by this Section 4 3 shall have no application to any of the following Equity Securities:
Appears in 4 contracts
Samples: Investor Rights Agreement (Biocept Inc), Rights Agreement (Two Way Tv Us Inc), Shareholders Agreement (Array Biopharma Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall 5 will have no application to any of the following Equity Securities:
Appears in 4 contracts
Samples: Founding Investor Rights Agreement (Alnylam Pharmaceuticals, Inc.), Founding Investor Rights Agreement (Regulus Therapeutics Inc.), Founding Investor Rights Agreement (Isis Pharmaceuticals Inc)
Excluded Securities. The rights of first refusal established by this Section 4 4.1 shall have no application to any of the following Equity Securities:
Appears in 4 contracts
Samples: Investors’ Rights Agreement (AEON Biopharma, Inc.), Investors’ Rights Agreement (AEON Biopharma, Inc.), Investors’ Rights Agreement (AEON Biopharma, Inc.)
Excluded Securities. The rights right of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:
Appears in 4 contracts
Samples: Investor Rights Agreement (GAIN Capital Holdings, Inc.), Investor Rights Agreement (Cytel Corp/De), Investor Rights Agreement (Cytel Corp/De)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity Securities that are excluded from the definition of “Additional Shares of Common Stock” as defined in the following Equity Securities:Company’s Restated Charter.
Appears in 3 contracts
Samples: Investor Rights Agreement (Relypsa Inc), Investor Rights Agreement (Orbimed Advisors LLC), Investor Rights Agreement (Relypsa Inc)
Excluded Securities. The rights of first refusal established by set forth in this Section 4 shall have no application to any of the following Equity Securities:
Appears in 3 contracts
Samples: Investor Rights Agreement (Marrone Bio Innovations Inc), Investor Rights Agreement (Marrone Bio Innovations Inc), Investor Rights Agreement (SERVICE-NOW.COM)
Excluded Securities. The rights of first refusal established by this Section 4 8 shall have no application to any of the following Equity Securities:
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc)
Excluded Securities. The rights of first refusal established by this Section 4 Article V shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Investors' Rights Agreement (Endocardial Solutions Inc), Rights Agreement (Rouge Wave Software Inc)
Excluded Securities. The rights of first refusal established by this Section 4 16 shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity SecuritiesSecurities in a transaction or transactions approved by a majority of the Board of Directors:
Appears in 2 contracts
Samples: Rights Agreement (Dynavax Technologies Corp), Rights Agreement (Dynavax Technologies Corp)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application not apply to any of the following Equity Securities:
Appears in 2 contracts
Samples: Investor Rights Agreement (Imarx Therapeutics Inc), Rights Agreement (Imarx Therapeutics Inc)
Excluded Securities. The rights of first refusal established by this Section 4 Article 5 shall have no application to any of the following Equity Securities (collectively, “Excluded Securities:”): 10
Appears in 2 contracts
Samples: Agreement (Cellular Dynamics International, Inc.), Agreement (Cellular Dynamics International, Inc.)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to the sale or issuance of any of the following Equity Securities:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Oryx Technology Corp), Preferred Stock Purchase Agreement (Oryx Technology Corp)
Excluded Securities. The rights of first refusal established by this ------------------- Section 4 5 shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Subscription Agreement (Net2phone Inc), Series a Subscription Agreement (General Electric Capital Corp)
Excluded Securities. The rights right of first refusal established by this Section 4 10.1 shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Genencor International Inc), Securities Purchase Agreement (Epimmune Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to the issuance of any of the following Equity Securities:
Appears in 2 contracts
Samples: Investors' Right Agreement (Ipayment Inc), Investors' Rights Agreement (Ipayment Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:: (a) Equity Securities that are excluded from the definition of Additional Shares of Common Stock (as defined in the Restated Certificate) and (b) Equity Securities issued in the Initial Offering.
Appears in 2 contracts
Samples: Investor Rights Agreement (Connecture Inc), Investor Rights Agreement (Connecture Inc)
Excluded Securities. The rights of first refusal established by this Section 4 Article 5 shall have no application to any of the following Equity Securities (collectively, “Excluded Securities:”):
Appears in 2 contracts
Samples: Agreement (Cellular Dynamics International, Inc.), Agreement (Cellular Dynamics International, Inc.)
Excluded Securities. The rights of first refusal established by this Section 4 6 shall have no application to the issuance of any of the following Equity Securities:
Appears in 2 contracts
Samples: Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.)
Excluded Securities. The rights of first refusal established by this Section Article 4 shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Consent and Agreement (Xenon Pharmaceuticals Inc.), Investor Rights Agreement (Cortelco Systems Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall will have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Investor Rights Agreement (Akcea Therapeutics, Inc.), Investor Rights Agreement (Akcea Therapeutics, Inc.)
Excluded Securities. The preemptive rights of first refusal established by this Section Article 4 shall have no application to any of the following Equity Securities:
Appears in 2 contracts
Samples: Investor Rights Agreement (Trustwave Holdings, Inc.), Rights Agreement (Barrier Therapeutics Inc)
Excluded Securities. The rights of first refusal established by this Section 4 Article 8 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 5(g) shall have no application to any of the following Equity Securities:
Appears in 1 contract
Samples: Employment Agreement (Firstworld Communications Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securitiesfollowing:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application not be applicable to any of the following Excluded Securities (as defined in the Charter) or to any Equity Securities:Securities issuable to Lenders pursuant to the Right to Invest.
Appears in 1 contract
Excluded Securities. The preemptive rights and rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Samples: Investor Rights Agreement (Britton & Koontz Capital Corp)
Excluded Securities. The anti-dilution rights and rights of first refusal established by this Section 4 shall have no application to the issuance of any of the following Equity Securities:
Appears in 1 contract
Samples: Rights Agreement (Symbion Inc/Tn)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities (collectively, “Excluded Securities:”):
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 L shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights right of first refusal established by this Section 4 (d) shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity New Securities:
Appears in 1 contract
Samples: Securities Purchase Agreement (Lynx Therapeutics Inc)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 9.3 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 5.2 shall have no application to any of the following Equity SecuritiesSecurities :
Appears in 1 contract
Samples: Registration Rights Agreement (Evolving Systems Inc)
Excluded Securities. The Notwithstanding the foregoing, the rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 6 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 9 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 4(i) shall have no application to any of the following Equity Securities:
Appears in 1 contract
Samples: Loan and Security Agreement (InterMetro Communications, Inc.)
Excluded Securities. The rights of first refusal established by pursuant to this Section 4 6 shall have no application to any of the following Equity Securitiesfollowing:
Appears in 1 contract
Samples: Investor Rights Agreement (Korn Ferry International)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to the issuance of any of the following Equity SecuritiesSecurities approved by the Board of Directors:
Appears in 1 contract
Samples: Rights Agreement (NGTV)
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the following Equity Securitiesequity securities:
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 shall have no application not be applicable to any of the following Equity Securities:Excluded Securities (as defined in the Charter).
Appears in 1 contract
Excluded Securities. The rights of first refusal established by this Section 4 7 shall have no application to any of the following Equity Securities:
Appears in 1 contract
Samples: Stock Purchase Agreement (Advanced Remote Communication Solutions)
Excluded Securities. The rights of first refusal established by this Section 4 Article III shall have no application to any of the following Equity Securities:
Appears in 1 contract
