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

Waiver of Right of First Offer. In executing this Amendment, Purchasers (as defined in the Amended Rights Agreement) representing at least two-thirds (2/3's) of the aggregate Shares and Conversion Stock hereby waive, on behalf of all such Purchasers, all rights of first offer under Section 2 of the Rights Agreement with respect to the Company's offer, sale and issuance of Series C Preferred Stock pursuant to the Series C Purchase Agreement through the Additional Closing Deadline.

Waiver of Right of First Offer. In executing this Amendment, Purchasers (as defined in the Amended Rights Agreement) representing at least two-thirds (2/3's) of the aggregate Shares and Conversion Stock hereby waive, on behalf of all such Purchasers, all rights of first offer under Section 2 of the Rights Agreement with respect to the Company's offer, sale and issuance of Series C B Preferred Stock pursuant to the Series C B Purchase Agreement through the Additional Final Closing DeadlineDate.