Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) Shareholders holding greater than 50% of the Shares of Common Stock of all of the Shareholders in the aggregate and (ii) any Shareholder disproportionately and adversely affected by the proposed amendment. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
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Samples: Shareholder Agreement (TAL International Group, Inc.), Shareholder Agreement (JZ Capital Partners LTD), Shareholder Agreement (TAL International Group, Inc.)
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) Shareholders holding greater than 5065% of the Shares of Common Stock of all of the Shareholders in the aggregate and (ii) any Shareholder disproportionately and adversely affected by the proposed amendmentShares.
(b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
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Samples: Shareholder Agreements, Joint Written Consent (Hawker Beechcraft Notes Co), Joint Written Consent (Hawker Beechcraft Quality Support Co)
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) Shareholders holding greater than 50% of the Shares of Common Stock of all of the 21 Shareholders Agreement Shareholders in the aggregate and (ii) any Shareholder disproportionately and adversely affected by the proposed amendment.
(b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Shareholder Agreement (TAL International Group, Inc.), Shareholder Agreement (Edgewater Private Equity Fund III, L.P.)
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the holders of ninety-five percent (i95%) Shareholders holding greater than 50% of the Shares of Common voting Stock of all of the Shareholders in the aggregate and (ii) any Shareholder disproportionately and adversely affected TCC owned by the proposed amendmentStockholders. In the event of any conflict between the terms of this Agreement and the Articles of Incorporation and Bylaws of TCC, this Agreement shall govern.
(b) Except as otherwise provided in this Agreement, any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
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