Rights of Investor. Investor shall not, by virtue of this Warrant alone, be entitled to any rights of a stockholder in Company, either at law or in equity, and the rights of Investor with respect to or arising under this Warrant are limited to those expressed in this Warrant and are not enforceable against Company except to the extent set forth herein.
Rights of Investor. Investor shall have the absolute right to ------------------ exercise or refrain from exercising any right or rights which Investor may have by reason of this Agreement or any Investor Stock, including, without limitation, the right to consent to the waiver of any obligation of the Company under this Agreement and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and Investor shall not incur any liability to any other shareholder of the Company with respect to exercising or refraining from exercising any such right or rights.
Rights of Investor. The right of the Investor to be issued Conversion Shares in accordance with clause 5 and otherwise under this Agreement, will not confer on the Investor any entitlement to receive dividends or vote at a general meeting of shareholders of the Company.
Rights of Investor. Each holder of Preferred Stock (and Common Stock issued upon conversion thereof) shall have the absolute right to exercise or refrain from exercising any right or rights that such holder may have by reason of this Agreement or any Preferred Stock, including without limitation the right to consent to the waiver of any obligation of Holding Company under this Agreement and to enter into an agreement with Holding Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and such holder shall not incur any liability to any other holder or holders of Preferred Stock (or Common Stock issued upon conversion thereof) with respect to exercising or refraining from exercising any such right or rights.
Rights of Investor. (a) Until the first date on which the Investor or any Permitted Transferee (as defined below) owns less than a majority, by voting power, of the outstanding shares of capital stock of the Company, the Company shall not issue or sell (i) any shares of its Common Stock, (ii) any other voting equity securities of the Company, including, without limitation, shares of preferred stock, (iii) any option, warrant or other right to subscribe for, purchase or otherwise acquire any voting equity securities of the Company or (iv) any debt securities convertible into voting capital stock of the Company (collectively, the "Offered Securities"), unless in each such case the Company shall have first complied with this Section 3.1. The Company shall deliver to the Investor a written notice of any proposed or intended issuance or sale of Offered Securities (the "Offer"), which Offer shall (A) identify and describe the Offered Securities, (B) describe the price and other terms upon which they are to be issued or sold, and the number or amount of the Offered Securities to be issued or sold, (C) identify the persons or entities (if known) to which or with which the Offered Securities are to be offered, issued or sold and (D) offer to issue and sell to the Investor a number of the Offered Securities (the "Available Amount") such that, after the issuance and sale of all of the Offered Securities, including the purchase of the Available Amount by the Investor, the Investor would own at least a majority, by voting power, of the outstanding capital stock of the Company (assuming the exercise and conversion of all outstanding options, warrants and convertible securities). The Company shall not be required to offer any Offered Securities to the Investor hereunder if, after the issuance and sale thereof, the Investor (or the Permitted Transferee) would continue to own at least a majority, by voting power, of the outstanding capital stock of the Company.
Rights of Investor. The Company, ICG and all other Investors hereby amend and restate the Prior Agreement and the Company hereby grants to the Investors the information rights, registration rights and rights of first offer (collectively the "INVESTORS' RIGHTS") contained herein. Each Investor accepts the Investors' Rights, as applicable, and agrees to be bound by the obligations contained herein.
Rights of Investor. Upon the occurrence and during the continuation of an Event of Default, Investor shall have the right but not the obligation to bring suit or institute proceedings in the name of Company or Investor to enforce any rights in the Collateral, including any license thereunder, in which event Company shall at the request of Investor do any and all lawful acts and execute any and all documents reasonably required by Investor in aid of such enforcement. If Investor elects not to bring suit to enforce any right under the Collateral, including any license thereunder, Company agrees to use all reasonable measures, whether by suit, proceeding or other action, to prevent the material infringement of any right under the Collateral by any Person and for that purpose agrees to diligently maintain any action, suit or proceeding against any Person so infringing reasonably necessary to prevent such infringement.
Rights of Investor. The Investor, its employees, directors or agents, may after giving prior written notice to the Operator, during the Operator's regular business hours, examine the condition of the Property and the activities of the Tokumei Kumiai and audit the Tokumei Kumiai's books of account and other records at its own cost.
Rights of Investor. Each holder of Securities will have the absolute right to exercise or refrain from exercising any right or rights that such holder may have by reason of any Transaction Document, including, without limitation, the right to consent to the waiver of any obligation of the Company under any Transaction Document and to enter into an agreement with the Company for the purpose of modifying this Agreement or any agreement effecting any such modification. Such holder will not incur any liability to any other holder or holders of Securities with respect to exercising or refraining from exercising any such right or rights.
Rights of Investor. Each holder of Series B Preferred Stock (and Common Shares issued upon conversion thereof) shall have the absolute right to exercise or refrain from exercising any right or rights that such holder may have by reason of this Agreement or any Series B Preferred Stock, including without limitation the right to consent to the waiver of any obligation of Company under this Agreement and to enter into an agreement with Company for the purpose of modifying this Agreement or any agreement effecting any such modification, and such holder shall not incur any liability to any other holder or holders of Series B Preferred Stock (or Common Shares issued upon conversion thereof) with respect to exercising or refraining from exercising any such right or rights. (remainder of this page left intentionally blank)
