Common use of Amendment and Waiver; Successors Clause in Contracts

Amendment and Waiver; Successors. This Agreement may be amended, -------------------------------- modified or supplemented, and compliance with any provision hereof may be waived, only with the written consent of the FS Stockholder and those other New Stockholders then holding a majority of the shares of Voting Securities then held by such New Stockholders, and any amendment, modification, supplement or waiver so consented to in writing shall be binding upon the parties hereto and their successors and permitted transferees and assigns; provided that any amendment that materially and adversely affects the rights of any Stockholder hereunder shall require the consent of each Stockholder so affected. This Agreement shall be binding on the parties hereto and, their successors, transferees, assigns, heirs and personal representatives; provided however, that unless expressly permitted herein, this Agreement under the rights granted hereunder shall not be assignable without the written consent of all of the parties hereto, which consent may be withheld in each such party's sole discretion.

Amendment and Waiver; Successors. This Agreement may be amended, -------------------------------- modified or supplemented, and compliance with any provision hereof may be waived, only with the written consent of the FS Stockholder and those other New Stockholders shareholders then holding a majority of the shares of Voting Securities then now held by such New StockholdersHolding and those shareholders then holding a majority of the shares of Voting Securities now held by the Trust, and any amendment, modification, supplement or waiver so consented to in writing shall be binding upon the parties hereto and their successors and permitted transferees and assigns; provided that any amendment that materially and adversely affects the rights of any Stockholder hereunder shall require the consent of each Stockholder so affected. This Agreement shall be binding on the parties hereto and, their successors, transferees, assigns, heirs and personal representatives; provided however, that unless expressly permitted herein, this Agreement under the rights granted hereunder shall not be assignable without the written consent of all of the parties hereto, which consent may be withheld in each such party's sole discretion. This Agreement shall apply to all Securities now owned or hereafter acquired by any Shareholder and the term "Securities" includes any securities into which such Securities may hereafter be changed.

Amendment and Waiver; Successors. This Agreement may be amended, -------------------------------- modified or supplemented, and compliance with any provision hereof may be waived, only with the written consent of the FS Stockholder FSEP III, FSEP International and those other New Existing Stockholders then holding a majority of the shares of Voting Securities then held by such New the Existing Stockholders, and any amendment, modification, supplement or waiver so consented to in writing shall be binding upon the parties hereto and their successors and permitted transferees and assigns; provided that any amendment that materially and adversely affects the rights of any Existing Stockholder hereunder shall require the consent of each Existing Stockholder so affected. This Agreement shall be binding on the parties hereto and, their successors, transferees, assigns, heirs and personal representatives; provided however, that unless expressly permitted herein, this Agreement under the rights granted hereunder shall not be assignable without the written consent of all of the parties hereto, which consent may be withheld in each such party's sole discretion.