Definition of 2010 Purchase Agreement


2010 Purchase Agreement means the Securities Purchase Agreement, dated September 2, 2010, by and among the Company and the Investors.

Examples of 2010 Purchase Agreement in a sentence

This Amendment (including the exhibits attached hereto and the other documents delivered pursuant hereto) and, to the extent not amended hereby, the 2010 Purchase Agreement, the 2010 Notes, the 2010 Warrants, the 2012 Purchase Agreement, the 2012 Notes and the 2012 Warrants and the exhibits attached thereto and the other documents delivered pursuant thereto, constitute the full and entire understanding and agreement between the parties with regard to the subjects hereof and thereof.
Except as provided in the 2010 Purchase Agreement, no person is entitled to preemptive or similar statutory or contractual rights with respect to any securities of the Company.
For the avoidance of doubt, each of the parties hereto hereby acknowledges that the 2010 Purchase Agreement shall remain in full force and effect in accordance with its terms except as expressly modified herein.
Each of the Investors agrees that the Purchased Securities and the Warrant Shares (including all Warrant Shares underlying the Warrants issuable pursuant to Section 1.4) shall be Excluded Securities as defined in, and for purposes of, the 2010 Purchase Agreement.
This Amendment (including the exhibits attached hereto and the other documents delivered pursuant hereto) and, to the extent not amended hereby, the 2010 Purchase Agreement, the 2010 Notes, the 2010 Warrants and the exhibits attached thereto and the other documents delivered pursuant thereto, constitute the full and entire understanding and agreement between the parties with regard to the subjects hereof and thereof.