Prior Registration Rights Agreement. Pursuant to Section 1.11 of the Amended and Restated Investors Rights Agreement dated July 16, 1999 (the "Investors Rights Agreement") by and among the Company, VantagePoint and certain other parties thereto, VantagePoint hereby consents to the registration rights set forth in this Agreement.
Prior Registration Rights Agreement. To the extent that any of the provisions herein conflict with any provisions of the Prior Registration Rights Agreements, such conflicts shall be resolved in favor of the rights granted in the Prior Registration Rights Agreements.
Prior Registration Rights Agreement. Holder acknowledges that the Company is party to that certain Registration Rights Agreement dated as of March 16, 2009 among the Company and certain holders of its Common Stock and that such Registration Rights Agreement prohibits the Company from granting additional registration rights without the consent of the stockholders who are parties to such Registration Rights Agreement. The Company shall use its best efforts to procure for the benefit of Holder the registration rights set forth in Section 5.1 hereof.
Prior Registration Rights Agreement. Each of the Investors hereby agrees that the Company shall have no further obligation to register any Warrant Shares or other Registrable Securities held by the Investors under the Registration Rights Agreement, dated as of July 2, 2012, by and among the Company and the Investors (the “Prior Registration Rights Agreement”). For this purpose, “Warrant Shares” shall have the meaning in the Prior Registration Rights Agreement, and solely for purposes of this paragraph and not any other provision of this Agreement “Registrable Securities” shall have the meaning ascribed thereto in the Prior Registration Rights Agreement. The Investors hereby waive and release the Company from any damages, expenses, or other liabilities resulting from any failure to register any Warrant Shares or other remaining Registrable Securities under the Prior Registration Rights Agreement. For purposes of clarification, the Company shall have no further obligations under the Prior Registration Rights Agreement to the Investors other than the indemnification obligations under Section 6 thereof with respect to Registrable Securities that have actually been registered by the Company prior to the date of this Agreement. Notwithstanding anything to the contrary set forth in this Agreement or the Purchase Agreement, the Investors acknowledge and agree that the Company will register on the initial Registration Statement the 5,468,750 Warrant Shares held by Empery Asset Master Ltd. and Xxxxx Capital Investment, LLC.
Prior Registration Rights Agreement. The Investors shall cause funds and/or related entities managed by Affiliates of Centerbridge Partners, L.P. that are parties to the Prior Registration Rights Agreement to give their reasonable consent to conform terms of the Prior Registration Rights Agreement to the Registration Rights Agreement.
Prior Registration Rights Agreement. Upon both (i) the execution of this Agreement by Investors holding (x) a majority of the Registrable Securities outstanding or deemed to be outstanding immediately prior to the Closing under the Series D Agreement, and (y) a majority of the Preferred Stock and Conversion Stock outstanding or deemed to be outstanding immediately prior to the Closing under the Series D Agreement, and (ii) the initial sale by the Company of any shares of Series D Preferred Stock, this Agreement shall supersede and replace the Prior Registration Rights Agreement, which shall be terminated and cease to have any further force or effect. This Agreement amends and restates in its entirety that certain Third Amended and Restated Investor Rights Agreement dated as of June 18, 1997, as amended.
Prior Registration Rights Agreement. The parties to this agreement irrevocably agree that:
Prior Registration Rights Agreement. The Holder acknowledges and agrees that as of the date hereof, any and all requirements for the Company to file additional registration statements under that certain Registration Rights Agreement, dated February 7, 2020, among the Company, the Holder and the other parties thereto, are hereby terminated.
Prior Registration Rights Agreement. In connection with this Agreement, each Purchaser hereby waives its rights pursuant to the Prior Registration Rights Agreement (the "WAIVER") and each Purchaser acknowledges that this Agreement supersedes the Prior Registration Rights Agreement as such Prior Registration Rights Agreement applies to each Purchaser (the "ACKNOWLEDGEMENT").
Prior Registration Rights Agreement. The parties hereto that were parties to the Prior Registration Rights Agreement, hereby agree that upon execution of this Agreement, the Prior Registration Rights Agreement shall be terminated and of no further force and effect and the provisions of this Agreement shall replace in their entirety the provisions of the Prior Registration Rights Agreement.
