Aggregation of Stock. All shares of Registrable Securities held or acquired by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Aggregation of Stock. All shares held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Series A Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. COMPANY: PROGENITY, INC. By: /s/ Xxxx d’Esparbes Name: Xxxx d’Esparbes Title: Chief Financial Officer Address: 0000 Xx Xxxxx Xxxxxxx Xxxxx Xxxxx 000 Xxx Xxxxx, XX 00000 The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTOR/FOUNDER: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTOR: ATHYRIUM OPPORTUNITIES FUND (A) LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES GP LLC, the General Partner of Athyrium Opportunities Associates LP By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory INVESTOR: ATHYRIUM OPPORTUNITIES FUND (B) LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES GP LLC, the General Partner of Athyrium Opportunities Associates LP By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] INVESTOR: ATHYRIUM OPPORTUNITIES III CO-INVEST 1 LP By: ATHYRIUM OPPORTUNITIES ASSOCIATES CO-INVEST LLC, its General Partner By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory INVESTOR: ATHYRIUM OPPORTUNITIES III ACQUISITION LP, a Delaware limited partnership By: ATHYRIUM OPPORTUNITIES ASSOCIATES III LP, its General Partner By: ATHYRIUM OPPORTUNITIES ASSOCIATES III GP LLC, its General Partner By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT] The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. FOUNDER: /s/ Xxxxx Xxxx Xxxxx Xxxx The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. FOUNDER: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx EXHIBIT A INVESTORS Name/Address/Email/Fax No. No. of Preferred S...
Aggregation of Stock. All shares of Common Stock owned or acquired by the Purchaser or its Affiliated entities or persons (assuming full conversion, exchange and exercise of all convertible, exchangeable and exercisable securities into Common Stock) shall be aggregated together for the purpose of determining the availability of any right under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons, successor entities, investment funds managed or advised by an Investor, a manager or advisor of an Investor, or an affiliate of such manager or advisor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. COMPANY: EMPHASYS MEDICAL, INC. By: /s/ Xxxx X. XxXxxxxxxx Xxxx X. XxXxxxxxxx, President and Chief Executive Officer Address: 000 Xxxxxxxxxx Xxxxx Xxxxxxx Xxxx, XX 00000 SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTORS: CADUCEUS PRIVATE INVESTMENTS II, LP By: OrbiMed Capital II, LLC its general partner By: /s/ Xxxxxxxx Xxxxxxxxxxx Name: Xxxxxxxx Xxxxxxxxxxx Title: General Partner CADUCEUS PRIVATE INVESTMENTS II (QP), LP By: OrbiMed Capital II, LLC its general partner By: /s/ Xxxxxxxx Xxxxxxxxxxx Name: Xxxxxxxx Xxxxxxxxxxx Title: General Partner UBS JUNIPER CROSSOVER FUND, L.L.C. By: OrbiMed Advisors Inc. as authorized signatory By: /s/ Xxxxxxxx Xxxxxxxxxxx Name: Xxxxxxxx Xxxxxxxxxxx Title: General Partner SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTORS: XXXXXX XXXXXXX XXXX XXXXXX VENTURE PARTNERS IV, X.X. XXXXXX XXXXXXX XXXX XXXXXX VENTURE INVESTORS IV, X.X. XXXXXX XXXXXXX XXXX XXXXXX VENTURE OFFSHORE INVESTORS IV, L.P. By: MSDW Venture Partners IV, L.L.C. as General Partner of each of the limited partnerships named above By: MSDW Venture Partners IV, Inc. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXXX XXXXXXX VENTURE PARTNERS 2002 FUND, X.X. XXXXXX XXXXXXX VENTURE INVESTORS 2002 FUND, L.P. By: MSVP 2002 Fund, L.L.C. as General Partner of each of the limited partnerships named above By: XXXX 0000, Inc. as Member By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT The parties have executed this Fourth Amended and Restated Investors’ Rights Agreement as of the date first above written. INVESTORS:
Aggregation of Stock. All shares of Registrable Securities held or acquired by affiliated entities (including affiliated venture capital funds or venture capital funds or other entities under common investment management) or persons sharing a common investment advisor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Stock. For the purposes of determining the availability of any rights under this Agreement, the holdings of transferees and assignees of an individual or a partnership who are spouses, ancestors, lineal descendants or siblings of such individual or partners or retired partners of such partnership (including spouses and ancestors, lineal descendants and siblings of such partners or spouses who acquire Common Stock by gift, will or intestate succession) shall be aggregated together with the individual or partnership, as the case may be, for the purpose of exercising any rights or taking any action under this Agreement.
