Founders Agreement. The Company and each of the parties named therein shall enter into that certain Founders Repurchase and Rights Agreement (the “Founders Agreement”) in form and substance as set forth in Exhibit F attached hereto.
Founders Agreement. The Company shall have entered into a Founder's Agreement with each of the Founders.
Founders Agreement. Parties: HC, LF, and Newco (under incorporation).
Founders Agreement. The Company and each Seller hereby consents to waive the application of any provision of the Founders Agreement to the transactions contemplated hereby (other than the provisions relating to the “Limited Share Value” of certain Stock held by Xxxx Xxxxxxx Xxxxxxx and the distribution of the “Excess Amount Per Share” (in each case, as those terms are defined and used in the Founders Agreement)) and hereby agree that the Founders Agreement shall automatically terminate and be of no further force or effect without further action of any Seller or the Company upon the Closing.
Founders Agreement. The Founder shall have executed and delivered to the Company a Confidentiality. Assignment of Inventions and Non-Competition Agreement in the form attached hereto as Exhibit B.
Founders Agreement. The Company and each of the Founders have entered into a stock purchase agreement or restricted stock agreement, as applicable, for his or her shares of Company stock wherein such Founder' s shares are subject to vesting. This vesting is for a four-year vesting period beginning from the date of incorporation of the Company and includes share repurchase language ("Founder Vesting Language").The Founders ft.uther represent and warrant that Founder Vesting Language has been included in a Founders Agreement or such similar agreement which has been approved by the Investor prior to the commencement of the Program. The Founders agree that any exception to the Standard Founder Vesting Language has been expressly approved by the Investoi- and is detailed in the Schedule of Exceptions herein. The Company and the Founders hereby agree that any change made to the Standard Founder Vesting Language prior to an Equity Financing must be expressly approved by the Investor in writi ng.
Founders Agreement. The Company hereby represents and warrants to the Investor that the various representations and warranties made by it under the Founders Agreement shall be incorporated, mutatis mutandis, into this Agreement, as though such representations and warranties had been made directly to the Investor pursuant to this Agreement.
Founders Agreement. Except as expressly amended hereby, the Founders Agreement shall continue in full force and effect. In the event of any inconsistency or conflict between this Amendment and the Founders Agreement, the terms, conditions and provisions of this Amendment shall govern and control.
Founders Agreement. The Company and Rackable agree and acknowledge that the Company Warrants and the shares of Common Stock issuable thereby are subject to the terms and conditions of the Founders Repurchase and Rights Agreement, dated as of the date hereof, between the Company, Rackable and certain of Rackable’s stockholders (the “Founders Agreement”) (including, without limitation, the drag-along provisions, transfer restrictions, and other restrictions contained therein).
