Exempted Transfers. Notwithstanding the foregoing or anything to the contrary herein, (i) the provisions of Sections 5.1 and 5.2 hereof shall not apply to any Proposed Transfer pursuant to ESOP Plan duly adopted pursuant to Section 7.2; and (ii) the provisions of Section 5.2 shall not apply to the transfer of Transfer Shares to any ROFR Holder by exercising its Right of First Refusal pursuant to Section 5.1.
Appears in 3 contracts
Sources: Investors’ Rights Agreement (XCHG LTD), Investors’ Rights Agreement (XCHG LTD), Investors’ Rights Agreement (XCHG LTD)