Waiver of Right of First Refusal. The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.
Waiver of Right of First Refusal. Pursuant to Section 4.2 of the Rights Agreement, the undersigned Investors, who are the holders of at least two-thirds (2/3) of the Registrable Securities (as defined in the Rights Agreement), on behalf of themselves and all other holders of Registrable Securities granted the right of first offer pursuant to Section 2.3 of the Rights Agreement, hereby agree to waive such right of first offer and any notice requirement contained therein with respect to the Company’s sale and issuance of the Securities pursuant to this Agreement.
Waiver of Right of First Refusal. Upon the prior written request of the WFOE, the Grantor shall waive any and all of his right of first refusal or other preemptive rights provided under the PRC laws or the articles of association of the VIE Company with respect to the equity transfer conducted by any other shareholder of the VIE Company.
Waiver of Right of First Refusal. In executing this Amendment, the undersigned Investors (as defined in the Amended Rights Agreement) and Founder waive compliance with the terms of the right of first refusal set forth in Section 2.3 of the Amended Rights Agreement with respect to the issuance of the Series E Preferred Stock.
Waiver of Right of First Refusal. In the event that the right of first refusal in Section 4.1 is waived pursuant to Section 5.5 or 4.7(i) hereof with respect to an issuance of Equity Securities by the Company, and any Investor that consented to such waiver pursuant to Section 5.5 or 4.7(i) (a “Waiving Investor”) is nevertheless permitted to purchase any such Equity Securities, each Investor that is not a Waiving Investor shall be entitled to purchase its Adjusted Pro Rata Share (as defined below) of such New Securities upon the terms and conditions set forth in Sections 4.1 and 4.2. For purposes of this Section 4.4, an Investor’s “Adjusted Pro Rata Share” of the Equity Securities subject to the waiver described herein shall be equal to (i) such Investor’s pro rata share of such Equity Securities (as determined pursuant to Section 4.1) multiplied by (ii) the highest percentage (up to 100%) of any Waiving Investor’s pro rata share (as determined pursuant to Section 4.1) that such Waiving Investor is permitted to purchase. For example, if only one Waiving Investor is permitted to purchase any Equity Securities and it is permitted to purchase 50% of its pro rata share of the Equity Securities, each Investor’s Adjusted Pro Rata Share shall be 50% of its pro rata share. For another example, if one Waiving Investor is permitted to purchase 60% of its pro rata share and another Waiving Investor is permitted to purchase 110% of its pro rata share, each Investor’s Adjusted Pro Rata
Waiver of Right of First Refusal. The undersigned Prior Investors hereby waive all rights of first refusal under Section 3 of the Prior Rights Agreement with respect to the sale and issuance by the Company of the Series F Stock (and any Common Stock issuable upon the conversion thereof) in the Purchase. The Prior Investors also hereby waive any notice period required under Section 3 of the Prior Rights Agreement with respect to sale and issuance by the Company of the Series F Stock (and any Common Stock issuable upon the conversion thereof) in the Purchase.
Waiver of Right of First Refusal. Borrower (on behalf of itself and its Affiliates) hereby irrevocably waives any right of first refusal it may have to purchase Timeshare Inventory (including without limitation the right of first refusal contained in the Timeshare Declaration in favor of Borrower, as declarant) with respect to any Timeshare Inventory acquired by Lender, or its nominee or assignee, through the exercise or enforcement of the Lender’s rights related to the Collateral under this Agreement or the other Acquisition Loan Documents. Borrower agrees that in the event that Lender, or its nominee or assignee, acquires title to any such Timeshare Inventory under the circumstances described in the foregoing sentence, such Timeshare Inventory may be assigned, transferred or sold free and clear of any right of first refusal in favor of Borrower.
Waiver of Right of First Refusal. Any other terms of this Receipt or the Deposit Agreement to the contrary notwithstanding, the Depositary, as holder of the Deposited Securities, and each Owner, with respect to any Shares delivered under the Deposit Agreement upon surrender of any Receipt by or on behalf of such Owner, hereby waives for all times the right of first refusal granted to holders of Shares under Article 7 of the By-laws of the Company.
Waiver of Right of First Refusal. The rights of the Investors pursuant to this Section 12 may be waived as to all of such Investors by the affirmative vote or written consent of holders of at least a majority in interest of the then outstanding Series D Preferred Stock, and any such waiver shall be binding on all Investors, even if any of such Investors do not execute such waiver and irrespective of whether one or more Investors participates in the purchase of the Offered Securities.
Waiver of Right of First Refusal. The Xxxxxxxx Parties hereby agree that, effective as of the date hereof, any and all rights, benefits and privileges of XXX and any other Xxxxxxxx Entity under Section 11.10 of that certain Contribution Agreement dated as of April 11, 2002 by and among XXX, the Old GP and the MLP are hereby forever terminated in all respects, and XXX, WNGL and Xxxxxxxx hereby waive any and all rights, benefits and privileges of XXX and any other Xxxxxxxx Entity under such section of such agreement.
