Common use of Rights of Investors Clause in Contracts

Rights of Investors. Each Investor, in its sole and absolute discretion, may exercise or refrain from exercising any rights or privileges that such Investor may have pursuant to this Agreement, the Ancillary Agreements, the Restated Certificate, the Bylaws or at law or in equity, and such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of Shares, any other stockholder or securityholder of the Company or any other person, by reason of exercising or refraining from exercising any such rights or privileges.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement, Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc), Series D Preferred Stock Purchase Agreement (Homeaway Inc)

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Rights of Investors. Each Investor, in its sole and Investor shall have the absolute discretion, may right to exercise or refrain from exercising any right or rights or privileges that such Investor may have pursuant to this Agreement, by reason of the Ancillary Transaction Agreements, the Restated Certificate, the Bylaws Bylaws, or at law or in equity, including without limitation the right to consent to the waiver of any obligation of the Company and to enter into an agreement with the Company for the purpose of modifying the Transaction Agreements, and such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of Shares, any other stockholder or securityholder of the Company or any other person, by reason of Securities with respect to exercising or refraining from exercising any such rights right or privilegesrights.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement

Rights of Investors. Each Investor, in its sole and absolute discretion, may exercise or refrain from exercising any rights or privileges that such Investor may have pursuant to this Agreement, the Ancillary Agreements, the Restated Certificate, the Bylaws or at law or in equity, and such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of SharesSeries C Preferred, any other stockholder or securityholder of the Company or any other person, by reason of exercising or refraining from exercising any such rights or privileges.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Upland Software, Inc.)

Rights of Investors. Each Investor, in its sole and Investor shall have the absolute discretion, may right to exercise or refrain from exercising any right or rights or privileges that such Investor may have pursuant by reason of this Agreement including, without limitation, the right to consent to any wavier or amendment of this Agreement, the Ancillary Agreements, the Restated Certificate, the Bylaws or at law or in equity, and . Each such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of Shares, any other stockholder or securityholder of the Company or any other person, by reason of with respect to exercising or refraining from exercising any such rights right or privilegesrights.

Appears in 1 contract

Samples: Sale Agreement (AtriCure, Inc.)

Rights of Investors. Each Investor, in its sole and absolute discretion, may exercise or refrain from exercising any rights or privileges that such Investor may have pursuant to this Agreement, the Ancillary Transaction Agreements, the Restated Certificateagreements contemplated thereby, the Bylaws or at law or in equity, and such Investor the Investors shall not not, except as required by law or the Restated Articles, incur or be subject to any liability or obligation to the Company, any other Investor Company or holder of Shares, any other stockholder or securityholder securities of the Company or any other person, by reason of exercising or refraining from exercising any such rights or privileges.

Appears in 1 contract

Samples: Series C Preferred Share Subscription Agreement (Xunlei LTD)

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Rights of Investors. Each Investor, in its sole and absolute discretion, may exercise or refrain from exercising any rights or privileges that such Investor may have pursuant to this Agreement, the Ancillary AgreementsRegistration Rights Agreement, the Stockholders' Agreement, the Restated CertificateArticles, the Series B Articles Supplementary, the Bylaws or at law or in equity, and such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of Sharesshares of Series B Preferred, any other stockholder or securityholder security holder of the Company or any other personPerson, by reason of exercising or refraining from exercising any such rights or privileges.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bill Barrett Corp)

Rights of Investors. Each Investor, in its sole and Investor shall have the absolute discretion, may right to exercise or refrain from exercising any right or rights or privileges that such Investor may have pursuant to this Agreement, by reason of the Ancillary Agreements, the Restated Certificate, the Bylaws Transaction Documents or at law or in equity, including without limitation the right to consent to the waiver of any obligation of Company and to enter into an agreement with Company for the purpose of modifying the Transaction Documents, and such Investor shall not incur or be subject to any liability or obligation to the Company, any other Investor or holder of Shares, any other stockholder or securityholder of the Company or any other person, by reason of with respect to exercising or refraining from exercising any such rights right or privilegesrights.

Appears in 1 contract

Samples: Unit Purchase Agreement (Motive Inc)

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