Common use of Amendment and Restatement of Prior Agreement Clause in Contracts

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreement. Such amendment and restatement is effective upon effectiveness of this Agreement in accordance with Section 3.1. Upon such effectiveness, all provisions of, rights granted and made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force and effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with by the Company and the parties required for an amendment pursuant to Section 3.15.5 of the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, any rights of first refusal and effectnotice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreement. Such amendment and restatement is effective upon effectiveness of this Agreement in accordance with Section 3.111. 1. Upon such effectiveness, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force and effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with by the parties required for amendment pursuant to Section 3.16.5 of the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this the Agreement in accordance with Section 3.1by the Company and the Requisite Investors. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith 1. otherwise applicable to the transactions contemplated by the Purchase Agreement and the Note Purchase Agreements.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement by the Company and the Requisite Holders (as defined in accordance with Section 3.1the Prior Agreement) as of the date of this Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the Financing.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with by the Company and the parties required for an amendment pursuant to Section 3.16.6 of the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with Section 3.1by the Company and the Preferred Majority. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with Section 3.1by the Company and the parties required pursuant to the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement by the Company and the Existing Investors in accordance with Section 3.14.7 of the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with Section 3.1by the Company and the requisite parties thereto. Upon Upon 1. such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with by the Company and the parties required for an amendment pursuant to Section 3.16.5 of the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement by the Company and the Requisite Preferred Holders (as such term was defined in accordance with Section 3.1the Prior Agreement). Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with Section 3.1by the Company and the holders of at least 70% of the Registrable Securities outstanding pursuant to the Prior Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force and or effect.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and restated and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is shall be effective upon effectiveness the execution of this Agreement in accordance with Section 3.1Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released released, and superseded in their entirety by the provisions hereof and shall have no further force or effect, including, without limitation, all rights to future stock issuances and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded restated in its entirety and restated in superseded by this Agreement. Such amendment and restatement is effective upon effectiveness of this Agreement in accordance with Section 3.1. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety by the provisions hereof and shall have no further force or effect, including, without limitation, all rights of first refusal and effectany notice period associated therewith otherwise applicable to the transactions contemplated by the Purchase Agreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended and superseded in its entirety and restated in this Agreementherein. Such amendment and restatement is effective upon effectiveness the execution of this Agreement in accordance with Section 3.1by (i) the Company and (ii) the holders of at least a majority of the Registrable Securities then outstanding (as defined under the Prior Agreement) as of the date of this Agreement. Upon such effectivenessexecution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force and or effect.