Common use of Rxxx Xxxce Clause in Contracts

Rxxx Xxxce. Accordingly, the Company covenants and agrees that (i) the Purchaser or any other registered holder of a Note shall be entitled to obtain on behalf of an applicable Participant the benefits of this Agreement and each Related Agreement and (ii) the Company shall take such action as may be necessary or advisable in order to enable the Purchaser or any other registered holder of a Note to do the same and shall not at any time insist upon, plead or in any manner whatsoever claim that a Participant is not indirectly entitled to a right or benefit available to a registered holder of a Note under this Agreement or any Related Agreement because it is a Participant and not such a registered holder. Without in any way limiting the foregoing, the Company acknowledges and agrees that its obligations under the Registration Rights Agreement are for the benefit of both the holders of the Notes and Participants and that any shares of Common Stock acquired by a Participant upon conversion of a Note or Notes in which such Participant holds a participation interest shall be subject to the terms of the Registration Rights Agreement until such shares are no longer 'Transfer Restricted Securities,' as such term is defined therein."

Rxxx Xxxce. Accordingly, the Company covenants and agrees that (i) the Purchaser or any other registered holder of a Note shall be entitled to obtain on behalf of an applicable Participant the benefits of this Agreement and each Related Agreement and (ii) the Company shall take such action as may be necessary or advisable in order to enable the Purchaser or any other registered holder of a Note to do the same and shall not at any time insist upon, plead or in any manner whatsoever claim that a Participant is not indirectly entitled to a right or benefit available to a registered holder of a Note under this Agreement or any Related Agreement because it is a Participant and not such a registered holder. Without in any way limiting the foregoing, the Company acknowledges and agrees that its obligations under the Registration Rights Agreement are for the benefit of both the holders of the Notes and Participants and that any shares of Common Stock acquired by a Participant upon conversion of a Note or Notes in which such Participant holds a participation interest shall be subject to the terms of the Registration Rights Agreement until such shares are no longer '"Transfer Restricted Securities,' " as such term is defined therein."