Covenants of the Investors. Each Investor, severally and not jointly, covenants with the Company that:
Covenants of the Investors. Each Investor, severally and not jointly, covenants as follows.
Covenants of the Investors. Except as otherwise set forth below, each of the Investors covenants with each of the other parties hereto as follows:
Covenants of the Investors. Each Investor agrees (with respect to itself only) as follows:
Covenants of the Investors. Each Investor agrees that it will not, without the written consent of Alta California Partners III, L.P., effect or permit any person under the control of such Investor to effect any Series A-2 Consent (as defined herein) that would reasonably be expected to result in a Series A-2 Event (as defined herein). For purposes of this Agreement, (i) a “Series A-2 Event” means either (A) the automatic conversion into Common Stock of the outstanding shares of Series A-2 Preferred pursuant to Section 6(b) of the Company’s Certificate of Designation of Series A-2 Convertible Preferred Stock as filed with the Delaware Secretary of State (the “Certificate of Designation”) or (B) the waiver of the treatment of any specified transaction as a “Liquidation” pursuant to Section 4(b) of the Certificate of Designation, and (ii) a “Series A-2 Consent” shall mean the voting of shares of Series A-2 Preferred held by such Investor, the submission of any proxy with respect to the voting of Series A-2 Preferred held by such Investor, or the execution or delivery of any written consent with respect to any shares Series A-2 Preferred held by such Investor. Notwithstanding any other provision of this Agreement imposing restrictions on transfer, each Investor agrees that it will not sell, pledge, hypothecate, or otherwise transfer any shares of Series A-2 Preferred unless the transferee thereof agrees to be bound by the provisions of this Section 21. Each Investor acknowledges and agrees that it would be impossible to measure in money the damages that Alta may incur in the event such Investor fails to comply with its obligations under this Section 21, and in the event of such failure to comply, Alta will not have an adequate remedy at law for damages. Accordingly, with respect only to compliance with this Section 21, each Investor hereby agrees that injunctive relief or other equitable relief, in addition to remedies at law for damages, is the appropriate remedy for any such failure, and no Investor will oppose the granting of such relief on the basis that Alta has an adequate remedy at law.
Covenants of the Investors. Each of the Investors hereby agrees, severally and not jointly, with the Company as set forth in this Section 5.
Covenants of the Investors. In the case where an additional Investor (as prescribed in Section 9.17) proposes to amend the Fourth Restated Shareholders’ Agreement solely for the purpose of reflecting the joinder of such additional Investor as a new shareholder and its respective rights, privileges, liabilities and obligations, without prejudice to the rights and privileges entitled to any existing parties under the Fourth Restated Shareholders’ Agreement, each of the Investors shall take all necessary actions and execute all necessary documents to consummate the foregoing amendments.
Covenants of the Investors. Each Investor covenants and agrees with the Company and each other Investor that, from and after the date hereof and until the closing of a Qualified Public Offering:
Covenants of the Investors. Any request for registration made by the Investors pursuant to this Agreement shall express the Investors' present intention to offer such Registrable Securities for distribution and contain an undertaking to provide all such information and materials and take all such actions and execute all such documents as may be required in order to permit the Company to comply with all applicable requirements of the Securities and Exchange Commission ("Commission") and to obtain acceleration of the effective date of the Registration Statement.
Covenants of the Investors. In addition to other obligations contained in this Agreement, between the date of this Agreement and the Closing, unless specifically waived, in writing, by the Company, each Investor shall:
