Amendment of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated herein. Such amendment and restatement is effective upon the execution of this Agreement by the Company and the parties required for an amendment pursuant to Section 5.5 of the Prior Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety by the provisions hereof and shall have no further force or effect.
Amendment of Prior Agreement. The Prior Agreement between Executive and the Company is hereby amended, restated and superceded in its entirety by this Agreement.
Amendment of Prior Agreement. Effective and contingent upon execution of this Agreement by the Company and the holders of at least 60% of the Registrable Securities (as defined in the Prior Agreement) held on the date hereof, the Prior Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement, and the Company and the Investors hereby agree to be bound by the provisions hereof as the sole agreement of the Company and the Investors with respect to the subject matter hereof.
Amendment of Prior Agreement. The parties hereby amend and restate the Prior Agreement in its entirety, and hereby substitute this Agreement for the Prior Agreement.
Amendment of Prior Agreement. This Agreement amends that certain "Executive Employment Agreement" dated as of April 28, 1998 between Executive and the Company. Except as expressly provided herein, the terms and conditions of that agreement remain in effect between the parties, and defined terms therein shall have the same meaning when used in this Agreement.
Amendment of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated herein. Such amendment and restatement is effective upon the execution of this Agreement by the Company and the parties required for an amendment pursuant to Section 3.7 of the Prior Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety by the provisions hereof and shall have no further force or effect. Each of the Company, the Common Holders and the Investors hereby expressly consents and agrees to this amendment and restatement of the Prior Agreement.
Amendment of Prior Agreement. Effective as of the date hereof,
Amendment of Prior Agreement. Bank and Executive hereby amend and restate the Prior Agreement in its entirety, and hereby substitute this Agreement for the Prior Agreement.
Amendment of Prior Agreement. Upon the effectiveness of this Agreement, the Prior Agreement shall be of no further force and effect, and shall be superseded and replaced in its entirety by this Agreement.
Amendment of Prior Agreement. Effective upon the execution of this Agreement by the Company and the Holders of a majority of the Registrable Securities covered by the Prior Agreement, the Prior Agreement shall be null and void and shall be superseded by the provisions of this Agreement. Each Investor that was a party to the Prior Agreement hereby waives all rights of first refusal contained in Section 4 of the Prior Agreement with respect to the sale and issuance of the Series D Stock and the Common Stock issuable upon conversion thereof, including any notice requirements related to such rights of first refusal.
