Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation or its bylaws, the terms of the Company’s certificate of incorporation or its bylaws, as the case may be, will control.
Appears in 39 contracts
Samples: Registration Rights Agreement (LiveRamp Holdings, Inc.), Investors’ Rights Agreement (Nalu Medical, Inc.), Investors’ Rights Agreement (Experience Investment Corp.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control.
Appears in 35 contracts
Samples: Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.), Forelinx Investors’ Rights Agreement
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation Restated Certificate or its bylaws, the terms of the Company’s certificate of incorporation Restated Certificate or its bylaws, as the case may be, will control.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (Surrozen, Inc./De), Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Doximity, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation Restated Certificate or its bylawsBylaws, the terms of the Company’s certificate of incorporation Restated Certificate or its bylawsBylaws, as the case may be, will control.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Allakos Inc.), Investors’ Rights Agreement (Allakos Inc.), ’ Rights Agreement (TrueCar, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Amended and Restated Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate Amended and Restated Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Satsuma Pharmaceuticals, Inc.), Investors’ Rights Agreement (Abpro Corp), Investor Rights Agreement (Luna Innovations Inc)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation Certificate or its bylawsBylaws, the terms of the Company’s certificate of incorporation Certificate or its bylawsBylaws, as the case may be, will control.
Appears in 4 contracts
Samples: Investor Rights Agreement (Phunware, Inc.), Investor Rights Agreement (Stellar Acquisition III Inc.), Investors’ Rights Agreement (Cornerstone OnDemand Inc)
Conflict. In the event of any conflict between the terms of this Agreement and the Certificate of Incorporation or the Company’s certificate of incorporation or its bylawsBylaws, the terms of the Certificate of Incorporation or the Company’s certificate of incorporation or its bylawsBylaws, as the case may be, will shall control.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Prosper Marketplace Inc), Investors’ Rights Agreement (Prosper Marketplace Inc), Investors’ Rights Agreement (Prosper Marketplace Inc)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylaws, the terms of the Company’s certificate Certificate of incorporation Incorporation or its bylaws, as the case may be, will control.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Recursion Pharmaceuticals, Inc.), Rights Agreement, Investors’ Rights Agreement (Unity Biotechnology, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation or its bylaws, the terms of the Company’s certificate of incorporation or its bylaws, as the case may be, will control.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (GP Investments Acquisition Corp.), Assignment Agreement (Rimini Street, Inc.), Assignment Agreement (Rimini Street, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate 's Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate 's Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control.
Appears in 2 contracts
Samples: Inc. Shareholders Agreement, ' Rights Agreement (Accuray Inc)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate 's Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate 's Certificate of incorporation Incorporation or its bylawsBylaws, as amended, as the case may be, will control.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Quantenna Communications Inc), Investors' Rights Agreement (Quantenna Communications Inc)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation or its bylawsIncorporation, the terms of the Company’s certificate Certificate of incorporation or its bylaws, as the case may be, Incorporation will control.
Appears in 2 contracts
Samples: Registration Rights Agreement (Domo, Inc.), Investor Rights Agreement (Domo, Inc.)
Conflict. In the event of For any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control.
Appears in 2 contracts
Samples: Rights Agreement (Pubmatic, Inc.), Rights Agreement (Pubmatic, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation or its bylawsbylaws of the Company as in effect on the date of this Agreement, then the terms of the Company’s certificate of incorporation or its bylaws, as the case may be, of the Company as in effect on the date of this Agreement will control.
Appears in 2 contracts
Samples: Stockholders Rights Agreement, Stockholders Rights Agreement (WPP PLC)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control. - .
Appears in 1 contract
Samples: Investors’ Rights Agreement (Kindred Biosciences, Inc.)
Conflict. In the event of any conflict between the express terms of this Agreement and the Certificate of Incorporation or the Company’s certificate of incorporation or its bylawsBylaws, the terms of this Agreement will control and the Stockholders and the Company will, to the extent permitted by applicable law, amend the terms of the Certificate of Incorporation or the Company’s certificate Bylaws as necessary to comply with the terms of incorporation or its bylaws, as the case may be, will controlthis Agreement.
Appears in 1 contract
Samples: Stockholders’ Rights Agreement (800 Degrees Go, Inc.)
Conflict. In the event of For any conflict between the terms of this Agreement and the Company’s certificate of incorporation or its bylaws, the terms of the Company’s certificate of incorporation or its bylaws, as the case may be, will control.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylawsBylaws, the terms of the Company’s certificate Amended and Restated Certificate of incorporation Incorporation or its bylawsBylaws, as the case may be, will control.
Appears in 1 contract
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate Certificate of incorporation Incorporation or its bylaws, the terms of the Company’s certificate Certificate of incorporation Incorporation or its bylaws, as the case may be, will control.
Appears in 1 contract
Samples: Investor Rights Agreement (ShockWave Medical, Inc.)
Conflict. In the event of any conflict between the terms of this Agreement and the Company’s certificate of incorporation or its bylaws, the terms of the Company’s certificate of incorporation or its bylaws, as the case may be, will control. In the event of any conflict between the terms of this Agreement and any other agreement to which a Founder is a party or by which such Founder is bound, the terms of this Agreement will control.
Appears in 1 contract
Samples: Voting Agreement (Cerus Corp)
