Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 101 contracts

Samples: Navidea Biopharmaceuticals, Inc., Convertible Preferred Stock Purchase Agreement (Ortec International Inc), Waiver for Securities Purchase Agreement (Neoprobe Corp)

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Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this WarrantHolder.

Appears in 34 contracts

Samples: Share Purchase Agreement (TurnOnGreen, Inc.), Share Purchase Agreement (FibroBiologics Inc.), Share Purchase Agreement (Nxu, Inc.)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 33 contracts

Samples: Health Sciences Group Inc, Communication Intelligence Corp, Vialink Co

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 27 contracts

Samples: Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 23 contracts

Samples: Oragenics Inc, Securities Purchase Agreement (Ip Voice Com Inc), Common Stock Purchase Agreement (Flightserv Com)

Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 9 contracts

Samples: Speedcom Wireless Corp, Sac Capital Advisors LLC, Speedcom Wireless Corp

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Agreement.

Appears in 7 contracts

Samples: Debt Conversion Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc), Hienergy Technologies Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 7 contracts

Samples: Telenetics Corp, Raptor Networks Technology Inc, V One Corp/ De

Amendment and Waiver. Any term, covenant, agreement or condition ---------------------- in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 6 contracts

Samples: Hienergy Technologies Inc, Hienergy Technologies Inc, Hienergy Technologies Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Requisite Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, change the manner of payment of the Warrant Price or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 5 contracts

Samples: Volcano CORP, Volcano CORP, Zila Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Company and the Majority Holder or Holders; provided, however, that no such amendment or waiver shall reduce the number of shares of Warrant Share NumberStock, increase the price per share of the Warrant PriceStock, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 8 without the consent of the Holder of this Warrant.

Appears in 4 contracts

Samples: Astra Energy, Inc., Astra Energy, Inc., Astra Energy, Inc.

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 4 contracts

Samples: Warrant Amendment Agreement (Cel Sci Corp), Value America Inc /Va, Commonwealth Biotechnologies Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section SECTION 11 without the consent of the Holder of this Warrant.

Appears in 4 contracts

Samples: Warrant Purchase Agreement (Telenetics Corp), Telenetics Corp, Telenetics Corp

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Numberumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc), Imaging Technologies Corp/Ca

Amendment and Waiver. Any term, covenant, agreement or condition in this -------------------- Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall -------- ------- reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 3 contracts

Samples: Amanda Co Inc, Amanda Co Inc, Amanda Co Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 3 contracts

Samples: Cel Sci Corp, Cel Sci Corp, Cel Sci Corp

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 3 contracts

Samples: Satcon Technology Corp, Raptor Networks Technology Inc, Satcon Technology Corp

Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 2 contracts

Samples: Skylynx Communications Inc, Skylynx Communications Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Issuer, Maxim Group, LLC, and a majority in interest of the Majority Holders; providedPurchasers, however, that no which such amendment majority must include the Lead Purchaser. No consideration shall be offered or paid to any person to amend or consent to a waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify modification of any provision of this Section 11 without Warrant unless the consent same consideration is also offered to all holders of the Holder of this WarrantWarrants.

Appears in 2 contracts

Samples: Compass Acquisition CORP, Compass Acquisition CORP

Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 2 contracts

Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Certificate.

Appears in 2 contracts

Samples: Debt Conversion Agreement (Hienergy Technologies Inc), Conversion Agreement (Hienergy Technologies Inc)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Company and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.this

Appears in 1 contract

Samples: Agreement and Plan of Merger (Photomedex Inc)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Practicexpert Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Requisite Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Stock Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, change the manner of payment of the Warrant Price or modify any provision of this Section 11 8 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: World Energy Solutions, Inc.

Amendment and Waiver. Any term, covenant, agreement or condition in this -------------------- Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall ----------------- reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 18 without the consent ---------- of the Holder of this Warrant.

Appears in 1 contract

Samples: Pameco Corp

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Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without 10 except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Hienergy Technologies Inc)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Vemics, Inc.

Amendment and Waiver. Any term, covenant, agreement agreement, or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, or modify any provision of this Section 11 12 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (OVERSTOCK.COM, Inc)

Amendment and Waiver. Any term, covenant, agreement agreement, or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, or modify any provision of this Section 11 13 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (OVERSTOCK.COM, Inc)

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively)) , by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Commonwealth Biotechnologies Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.this

Appears in 1 contract

Samples: Merchandise Creations, Inc.

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, however that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be maybe exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Corrections Corp of America

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 12 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Integramed America Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant. 11.

Appears in 1 contract

Samples: McLaren Performance Technologies Inc

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, however that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Corrections Corp of America

Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Incara Pharmaceuticals Corp

Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Entertainment Boulevard Inc

Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant. 10.

Appears in 1 contract

Samples: Imaging Technologies Corp/Ca

Amendment and Waiver. Any term, covenant, agreement or condition in ---------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Hienergy Technologies Inc

Amendment and Waiver. Any term, covenant, covenant agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.

Appears in 1 contract

Samples: Biodel Inc

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