Common use of Waiver of Right of First Refusal Clause in Contracts

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. Solely with respect to the issuance by the Company of the New Exchanged Notes contemplated hereunderhereunder and the issuance of the Bridge Notes pursuant to the Bridge Securities Purchase Agreements, 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.