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.
Appears in 3 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (Capnia, Inc.), Convertible Note and Warrant Purchase Agreement (Capnia, Inc.)
Waiver of Right of First Refusal. Pursuant to Section 4.2 5.1 of the Rights Agreement, the undersigned Investors, who are representing the holders of at least two-thirds (2/3) of the Registrable Securities Holders (as defined in the Rights Agreement)) holding a majority of the Registrable Securities, on behalf of themselves and all other holders Holders of Registrable Securities granted the right of first offer refusal pursuant to Section 2.3 4 of the Rights Agreement, hereby agree to waive such right of first offer and any notice requirement contained therein requirements in connection therewith, with respect to the Company’s sale and issuance of the Securities pursuant to this Agreement.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (iRhythm Technologies, Inc.), Note and Warrant Purchase Agreement (iRhythm Technologies, Inc.)
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 the 2012 Purchase Agreement, as amended by this AgreementAmendment.
Appears in 2 contracts
Samples: Purchase Shares (Capnia, Inc.), sec.report
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 the Agreement, as hereby amended.
Appears in 1 contract
Samples: Capnia, Inc.
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.
Appears in 1 contract
Samples: Convertible Note and Warrant Purchase Agreement (Capnia, Inc.)
