Amendment and Modification; Waiver of Compliance; Conflicts. This Agreement may be amended only by a written instrument duly executed by the Stockholders and DSH and approved in the manner provided in Section 3.4. In the event of any conflict between the terms of this Agreement and the Articles of Incorporation and By-Laws of the Companies, this Agreement shall govern.
Appears in 4 contracts
Samples: Stockholders Agreement, Stockholders Agreement (Ds Healthcare Group, Inc.), Stockholders Agreement (Ds Healthcare Group, Inc.)
Amendment and Modification; Waiver of Compliance; Conflicts. This Agreement may be amended only by a written instrument duly executed by the Stockholders PHMD and DSH DSKX and approved in the manner provided in Section 3.43.2. In the event of any conflict between the terms of this Agreement and the Articles or Certificate of Incorporation and By-Laws of DSKX or the Acquired Companies, this Agreement shall govern.
Appears in 3 contracts
Samples: Stockholders Agreement, Merger Agreement (Photomedex Inc), Stockholders Agreement (Ds Healthcare Group, Inc.)
