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

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the Agreement by the Company, and the holders of at least sixty-six and two-thirds percent in interest of the Registrable Securities held by the Prior Investors outstanding as of the date of this Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase Agreements.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixty-six and two-thirds five percent in interest (65%) of the Registrable Securities held by the Prior Investors outstanding as of the date of this AgreementAgreement immediately prior to the closing of the Financing. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal set forth in Section 4 and any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase AgreementsAgreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixty-six and two-thirds five percent in interest (65%) of the “Registrable Securities held by Securities” (as that term is defined in the Prior Investors Agreement) outstanding as of the date of this Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are hereby waived, released and superseded in their entirety and shall have no further force or effect, including, without limitation, all rights of first refusal and any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase AgreementsAgreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixtyfifty-six and two-thirds five percent in interest (55%) of the Registrable Securities held by the Prior Investors outstanding as of the date of this Agreement. Upon such execution, 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 any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase Agreements.the

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixty-six and two-thirds percent in interest (66 2/3%) of the Registrable Securities Series A Stock and Series B Stock held by the Prior Investors outstanding as of the date of this Agreement. Upon such execution, all provisions of, rights rights 1. 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 any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase AgreementsAgreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixty-six and two-thirds seventy percent in interest (70%) of the Registrable Securities then outstanding held by the Prior Investors outstanding as of the date of this Agreement. Upon such execution, 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 any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase AgreementsAgreement.

Amendment and Restatement of Prior Agreement. The Prior Agreement is hereby amended in its entirety and restated herein. Such amendment and restatement is effective upon the execution of the this Agreement by the Company, Company and the holders of at least sixty-six and two-thirds percent in interest 60% of the Registrable Securities held by the Prior Investors outstanding as of the date of this Agreement. Upon such execution, 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 set forth in Section 4 of the Prior Agreement and any notice period associated therewith otherwise applicable to the transactions contemplated by the Series C and Series D Purchase AgreementsAgreement.