Waiver of Right of First Refusal. The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.
Waiver of Right of First Refusal. Pursuant to Section 4.2 of the Rights Agreement, the undersigned Investors, who are the holders of at least two-thirds (2/3) of the Registrable Securities (as defined in the Rights Agreement), on behalf of themselves and all other holders of Registrable Securities granted the right of first offer pursuant to Section 2.3 of the Rights Agreement, hereby agree to waive such right of first offer and any notice requirement contained therein with respect to the Company’s sale and issuance of the Securities pursuant to this Agreement.
Waiver of Right of First Refusal. Upon the prior written request of the WFOE, the Grantor shall waive any and all of his right of first refusal or other preemptive rights provided under the PRC laws or the articles of association of the VIE Company with respect to the equity transfer conducted by any other shareholder of the VIE Company.
Waiver of Right of First Refusal. In executing this Amendment, the undersigned Investors (as defined in the Amended Rights Agreement) and Founder waive compliance with the terms of the right of first refusal set forth in Section 2.3 of the Amended Rights Agreement with respect to the issuance of the Series E Preferred Stock.
Waiver of Right of First Refusal. The undersigned Prior Investors hereby waive all rights of first refusal under Section 3 of the Prior Rights Agreement with respect to the sale and issuance by the Company of the Series F Stock (and any Common Stock issuable upon the conversion thereof) in the Purchase. The Prior Investors also hereby waive any notice period required under Section 3 of the Prior Rights Agreement with respect to sale and issuance by the Company of the Series F Stock (and any Common Stock issuable upon the conversion thereof) in the Purchase.
Waiver of Right of First Refusal. In the event that the Right of First Refusal in Section 4.1 is waived pursuant to Section 6.7 hereof with respect to an issuance of New Securities by the Company, and any Investor that consented to such waiver pursuant to Section 6.7 (a “Waiving Investor”) is nevertheless permitted to purchase any such New Securities, each Investor that is not a Waiving Investor shall be entitled to purchase its Adjusted Pro Rata Share (as defined below) of such New Securities upon the terms and conditions set forth in Section 4.1. For purposes of this Section 4.3, an Investor’s “Adjusted Pro Rata Share” of the New Securities subject to the waiver described herein shall be equal to (i) such Investor’s Pro Rata Share of such New Securities multiplied by (ii) the highest percentage (up to 100%) of any Waiving Investor’s Pro Rata Share that such Waiving Investor is permitted to purchase. For example, if only one Waiving Investor is permitted to purchase any New Securities and it is permitted to purchase 50% of its Pro Rata Share of the New Securities, each Investor’s Adjusted Pro Rata Share shall be 50% of its Pro Rata Share. For another example, if one Waiving Investor is permitted to purchase 60% of its Pro Rata Share and another Waiving Investor is permitted to purchase 110% of its Pro Rata Share, each Investor’s Adjusted Pro Rata Share shall be 100% of its Pro Rata Share.
Waiver of Right of First Refusal. Borrower (on behalf of itself and its Affiliates) hereby irrevocably waives any right of first refusal it may have to purchase Timeshare Interests (including without limitation the right of first refusal contained in any Timeshare Declaration in favor of Borrower, as declarant) with respect to any Timeshare Interests acquired by Lender, or its nominee or assignee, through the exercise or enforcement of the Lender’s rights related to the Collateral under this Agreement or the other Loan Documents. Borrower agrees that in the event that Lender, or its nominee or assignee, acquires title to any such Timeshare Interests under the circumstances described in the foregoing sentence, such Timeshare Interests may be assigned, transferred or sold free and clear of any right of first refusal in favor of Borrower.
Waiver of Right of First Refusal. Solely with respect to the issuance by the Company of the Exchanged Notes contemplated hereunder, the Investor hereby waives its rights pursuant to Section 4(m) of the Existing Securities Purchase Agreement, and the Company shall not be obligated to make any offer to the Investor pursuant to Section 4(m) thereof.
Waiver of Right of First Refusal. The Xxxxxxxx Parties hereby agree that, effective as of the date hereof, any and all rights, benefits and privileges of XXX and any other Xxxxxxxx Entity under Section 11.10 of that certain Contribution Agreement dated as of April 11, 2002 by and among XXX, the Old GP and the MLP are hereby forever terminated in all respects, and XXX, WNGL and Xxxxxxxx hereby waive any and all rights, benefits and privileges of XXX and any other Xxxxxxxx Entity under such section of such agreement.
Waiver of Right of First Refusal. Any other terms of this Receipt or the Deposit Agreement to the contrary notwithstanding, the Depositary, as holder of the Deposited Securities, and each Owner, with respect to any Shares delivered under the Deposit Agreement upon surrender of any Receipt by or on behalf of such Owner, hereby waives for all times the right of first refusal granted to holders of Shares under Article 7 of the By-laws of the Company.
