Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser. (b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser. (c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 149 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Modtech Holdings Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 18 contracts
Samples: Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.), Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc), Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 18 contracts
Samples: Securities Purchase Agreement (Infinite Group Inc), Securities Purchase Agreement (Path 1 Network Technologies Inc), Securities Purchase Agreement (Infinite Group Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and holders of at least a majority of the PurchaserShares.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations holders of at least a majority of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyShares.
Appears in 15 contracts
Samples: Bond Purchase Agreement, Bond Purchase Agreement (Greenlight Capital LLC), Third Series F Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the written consent of a majority in interest of the PurchaserPurchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserAgent.
(b) The obligations of the Company and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 7 contracts
Samples: Note Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (General Environmental Management, Inc), Securities Purchase Agreement (New Century Energy Corp.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of Preferred Stock may be waived only with the written consent of the Companysuch holder.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Cycle Country Accessories Corp), Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Implant Sciences Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and holders of at least a majority of the PurchaserShares as of the date of such amendment.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations holders of at least a majority of the Purchaser and the rights Shares as of the Company under this Agreement may be waived only with the written consent date of the Companysuch waiver.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Vie Financial Group Inc), Preferred Stock Purchase Agreement (Softbank Corp), Preferred Stock Purchase Agreement (Peoplepc Inc)
Amendment and Waiver. (a) This Agreement may be amended amended, modified or modified waived only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 5 contracts
Samples: Purchase Agreement (Dynavax Technologies Corp), Purchase Agreement (Dynavax Technologies Corp), Series R Preferred Stock Purchase Agreement (Dynavax Technologies Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) . The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) . The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cyber Digital Inc), Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Epixtar Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and each of the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the unanimous written consent of the PurchaserPurchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Greens Worldwide Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserLaurus.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the PurchaserLaurus.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 4 contracts
Samples: 25% Convertible Note Purchase Agreement (American Water Star Inc), 10% Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)
Amendment and Waiver. (ai) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(bii) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(ciii) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Minatura Gold), Note and Warrant Purchase Agreement (Smart Move, Inc.), Note and Warrant Purchase Agreement (Smart Move, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserSubscriber.
(b) The obligations of the Company and the rights of the Purchaser holders of the Units under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations such holders of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyUnits.
Appears in 4 contracts
Samples: Subscription Agreement (Solar Thin Films, Inc.), Subscription Agreement (Global Axcess Corp), Subscription Agreement (Global Axcess Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchaser or their respective successors.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the PurchaserPurchaser or its successors.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyCompany or its successors.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified and any provision hereof may be waived only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of Company, the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyAxys.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc), Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc), Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.
(b) The obligations of the Company and the rights of the Purchaser Holder under this Agreement may be waived only with the written consent of the PurchaserHolder.
(c) The obligations of the Purchaser Holder and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 3 contracts
Samples: Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of each of the Company and the Purchaserparties hereto.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations each of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Companyparties hereto.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Halpern Denny Iii Lp), Series F Preferred Stock Purchase Agreement (New World Coffee Manhattan Bagel Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent agreement of the Company and the Purchaserparties hereto.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Company and the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (GTM Holdings Inc), Common Stock Purchase Agreement (GTM Holdings Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Contributor.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement each Contributor may be waived only with the written consent of the PurchaserCompany and each Contributor.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Contribution Agreement (Goldrange Resources, Inc.), Contribution Agreement (Cayenta Inc)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.
(b) The Except as otherwise expressly provided, the obligations of the Company and the rights of the Purchaser Holder under this Agreement may be waived only with the written consent of the PurchaserCompany and the Holder.
(c) The obligations of Any amendment or waiver effected in accordance with this Section 3.5 shall be binding upon the Purchaser Holder, its successors and assigns, and the rights of the Company under this Agreement may be waived only with the written consent of the Company, its successors and assigns.
Appears in 2 contracts
Samples: Investor Rights Agreement (Women Com Networks Inc), Investor Rights Agreement (Women Com Networks Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Purchased Securities under this the Agreement may be waived only with the written consent of the Purchasersuch holders of Purchased Securities.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Stock Purchase Agreement (American Exploration Corp), Stock Purchase Agreement (Bestnet Communications Corp)
Amendment and Waiver. (a) This Agreement may be amended amended, modified, or modified assigned only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Powercold Corp), Securities Purchase Agreement (Powercold Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.
(b) The obligations of the Company Companies and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 2 contracts
Samples: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and each of the Purchaserholders of the Registrable Securities.
(b) The Except as otherwise expressly provided, the obligations of the Company and the rights of the Purchaser Holders under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.the
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc), Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaserparty entitled to enforce such obligations.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp), Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Gartner Group Inc), Purchase Agreement (Intermedia Communications Inc)
Amendment and Waiver. (a) This Except as set forth in the introductory paragraph hereof, this Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The Except as set forth in the introductory paragraph hereof, the obligations of the Company and the rights of the Purchaser holder of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Genelabs Technologies Inc /Ca), Common Stock Purchase Agreement (Veron International LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares, the Warrants, the Warrant Shares and the Conversion Shares under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Investment Agreement (America Online Inc), Investment Agreement (Tivo Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the each Purchaser.
(b) . The obligations rights of the Company and the rights of the Purchaser under this Agreement or Purchasers hereunder may only be waived only with the written consent of the Purchaserparty granting the waiver of such right.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Recapitalization Agreement (Birch Telecom Inc /Mo), Recapitalization Agreement (Birch Telecom Inc /Mo)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dendreon Corp), Stock Purchase Agreement (Dendreon Corp)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserStockholder.
(b) The Except as otherwise expressly provided, the obligations of the Company and the rights of the Purchaser Stockholder under this Agreement may be waived only with the written consent of the PurchaserStockholder.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Registration Rights Agreement (Inhale Therapeutic Systems Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations a majority in interest of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Singing Machine Co Inc)
Amendment and Waiver. (a) 12.7.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The 12.7.2 Except as otherwise provided herein, the obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The 12.7.3 Except as otherwise provided herein, the obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tidel Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The Purchaser and the obligations of the Company and the rights of the Purchaser under this the Agreement may be waived only with the written consent of the Company and the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Usa Net Inc)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInvestor.
(b) The Except as otherwise expressly provided, the obligations of the Company Company, its Subsidiaries and the rights of the Purchaser Holders under this Agreement may be waived only with the written consent of the PurchaserInvestor.
(c) The obligations of Notwithstanding the Purchaser and the rights of the Company under foregoing, this Agreement may be waived amended with only with the written consent of the Company.Company and its Subsidiaries to include additional purchasers of
Appears in 1 contract
Samples: Investor Rights Agreement (Safeguard Scientifics Inc Et Al)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Investor.
(b) The obligations of the Company and the rights of the Purchaser an Investor under this Agreement may be waived only with the written consent of the Purchasersuch Investor.
(c) The obligations of the Purchaser an Investor and the rights of the Company under this Agreement may be waived only with the written consent of the Company.. Table of Contents
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the Purchaser.
(b) The obligations of the each Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pacific Energy Resources LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers then holding a majority of the principal outstanding amount of the Notes (“Required Purchasers”).
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the written consent of the PurchaserRequired Purchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) 12.5.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The 12.5.2 Except as otherwise provided herein, the obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The 12.5.3 Except as otherwise provided herein, the obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tidel Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Grantee.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities and the Conversion Securities under this the Agreement may be waived only with the written consent of the Purchasereach Grantee.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Transfer, Assignment and Assumption Agreement (Myriant Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Purchaser and the PurchaserCompany.
(b) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
(c) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Imagin Molecular Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and holders of at least a majority of the PurchaserShares as of the date of such amendment.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations holders of at least a majority of the Purchaser and the rights Shares as of the Company under this Agreement may be waived only with the written consent date of the Companysuch waiver.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Optimark Holdings Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.only
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaserboth parties.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and and, as the Purchasercase may be, the Purchasers or the Warrant Holders.
(b) The obligations of the Company and the rights of the Purchaser Purchasers and warrant Holders under this Agreement may be waived only with the written consent of the PurchaserPurchasers and the Warrant Holders.
(c) The obligations of the Purchaser Purchasers and the Warrant Holders and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the Purchaser.
(b) The obligations of the Company Companies and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Recorders Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or the Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the unanimous written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
Purchaser (c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ventures National Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vobis Microcomputer Ag)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser; provided that the Company may terminate this Agreement at any time without the written consent of the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bio Key International Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the Purchaser.
(b) The Purchasers and the obligations of the Company and the rights of the Purchaser Purchasers under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations Company and a majority in interest of the Purchaser and Purchasers. This Agreement may be amended with only the rights consent of the Company under this Agreement may be waived only with the written consent of the Companyto include additional purchasers pursuant to Section 2.3 as "Purchasers" hereunder.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Usa Net Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares and the Conversion Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (General Electric Co)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.
(b) The obligations of the Company Companies and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaserall parties hereto.
(b) The obligations of the Company and its Subsidiaries and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company and its Subsidiaries under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (AGU Entertainment Corp.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the Purchaser.
(b) The Purchasers and the obligations of the Company and the rights of the Purchaser Purchasers under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations Company and a majority in interest of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyPurchasers.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Usa Net Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasera majority in interest of Shares held by Purchasers.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of a majority in interest of Shares held by the PurchaserPurchasers.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alpha Virtual Inc/Ca/)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) . The obligations rights of the Company and the rights of or the Purchaser under this Agreement hereunder may only be waived only with the written consent of the Purchaserparty granting the waiver of such right.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)
Amendment and Waiver. (aA) This Agreement may be amended or modified only upon the written consent of the Company and holders of at least a majority of the PurchaserShares as of the date of such amendment.
(bB) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations holders of at least a majority of the Purchaser and the rights Shares as of the Company under this Agreement may be waived only with the written consent date of the Companysuch waiver.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Softbank Holdings Inc Et Al)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Company, Cancable Parent and the Purchaser.
(b) The obligations of the Company and Cancable Parent and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company and Cancable Parent under this Agreement may be waived only with the written consent of the CompanyCompany and Cancable Parent.
Appears in 1 contract
Samples: Securities Purchase Agreement (Creative Vistas Inc)
Amendment and Waiver. Amendment and Waiver" \l 2.
(a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 1 contract
Samples: Securities Purchase Agreement (Metropolitan Health Networks Inc)
Amendment and Waiver. (a) a. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) b. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) c. The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent agreement of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this the Agreement may be waived only with the written consent of the Purchaserother party but any waiver or failure to insist upon strict compliance with such obligations shall not operate as a waiver of, or estoppel with respect to, any subsequent failure of compliance.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cambridge Holdings LTD)
Amendment and Waiver. (a) i. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) ii. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) iii. The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Exclusive Distribution Agreement (Freebutton, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Jato Communications Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserStockholders.
(b) The obligations of the Company and the rights of the Purchaser Holders under this Agreement may be waived only with the written consent of the PurchaserStockholders.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(ba) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(cb) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Trimedia Entertainment Group Inc)
Amendment and Waiver. (aA) This Agreement may be amended or modified only upon the mutual written consent of the Company and the Purchaser.
(bB) The obligations of the Company and the rights of the Purchaser under this the Agreement may be waived only with the mutual written consent of the Company and Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Elitra Pharmaceuticals Inc)
