12. Rights of Stockholders. No holder of this Warrant shall be entitled, as a Warrant holder, to vote or receive dividends or be deemed the holder of the Shares or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein.
13. Expiration of Warrant; Notice of Certain Events Terminating This Warrant.
(a) This Warrant shall expire and shall no longer be exercisable upon the earlier to occur of:
(i) 5:00 p.m., California local time, on December 20, 2027;
(ii) a Liquidation (as defined in the Companys Amended and Restated Certificate of Incorporation, as may be amended from time to time); or
(iii) the closing of the Companys first firm commitment underwritten initial public offering pursuant to an effective registration statement filed under the Act covering the offer and sale of the Companys Common Stock.
The Company shall provide at least ten (10) days prior written notice of expiration this Warrant or a Liquidation.
14. Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by registered or certified mail, postage prepaid, sent by facsimile or electronic mail or otherwise delivered by hand or by messenger addressed, if to the Holder, at the Holders address, facsimile number or electronic mail address as shown in the Companys records, and if to the Company, should be sent to 2900 Lakeside Drive, # 160, Santa Clara, California 95054, facsimile number: (650) 964-8911, Attn: Chief Executive Officer, or at such other address as the Company shall have furnished to the Holder, with a copy (which shall not constitute notice) to Mark Weeks, Cooley LLP, 3175 Hanover Street, Palo Alto, California 94304, facsimile number: (650) 849-7400. Each such notice or other communication shall for all purposes of this Warrant be treated as effective or having been given when delivered if delivered personally, or, if sent by mail, at the earlier of its receipt or seventy-two (72) hours after the same has been deposited in a regularly maintained receptacle for the deposit of the United States mail, addressed and mailed as aforesaid or, if sent by facsimile, upon confirmation of facsimile transfer or, if sent by electronic mail, upon confirmation of delivery.