Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 108 contracts
Samples: Restricted Stock Unit Award Agreement (Northern Technologies International Corp), Non Statutory Stock Option Agreement (Northern Technologies International Corp), Incentive Stock Option Agreement (Northern Technologies International Corp)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement hereto or, in the case of a waiver, by the party waiving compliance.
Appears in 46 contracts
Samples: Performance Unit Award Agreement (Marten Transport LTD), Performance Based Restricted Stock Unit Award Agreement (Ecolab Inc.), Restricted Stock Unit Award Agreement (Ecolab Inc.)
Amendment and Waiver. Other than Except as provided in the Plan, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 36 contracts
Samples: Restricted Stock Agreement (Electromed, Inc.), Restricted Stock Agreement (Electromed, Inc.), Restricted Stock Agreement (HMN Financial Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 17 contracts
Samples: Restricted Stock Unit Award Agreement (Sleep Number Corp), Restricted Stock Unit Award Agreement (Sleep Number Corp), Restricted Stock Unit Award Agreement (Sleep Number Corp)
Amendment and Waiver. Other than Except as provided in this Agreement or in the Plan, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 14 contracts
Samples: Performance Share Unit Agreement (Piper Sandler Companies), Performance Share Unit Agreement (Piper Sandler Companies), Performance Share Unit Agreement (Piper Sandler Companies)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 11 contracts
Samples: Membership Interest Option Agreement (Iroquois Valley Farmland REIT, PBC), Membership Interest Option Agreement (Iroquois Valley Farmland REIT, PBC), Membership Interest Option Agreement (Iroquois Valley Farmland REIT, PBC)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement hereto or, in the case of a waiver, by the party waiving compliance.
Appears in 11 contracts
Samples: Employment Agreement (Us Solartech Inc), Employment Agreement (Us Solartech Inc), Employment Agreement (Us Solartech Inc)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 7 contracts
Samples: Change of Control Agreement (Advanced BioEnergy, LLC), Restricted Unit Agreement (Advanced BioEnergy, LLC), Restricted Unit Agreement (Advanced BioEnergy, LLC)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waivedmodified, modified superseded or canceled and any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by the parties to this Agreement Seller and Buyer or, in the case of a waiver, by or on behalf of the party waiving compliance.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Norstan Inc), Asset Purchase Agreement (VDC Corp LTD), Asset Purchase Agreement (VDC Corp LTD)
Amendment and Waiver. Other than as provided in this Agreement, including all attachments hereto, the Option Plan or the DI Plan, none of the terms or provisions of this Agreement, including all attachment to this Agreement may be amended, waived, supplemented, canceled or otherwise modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 3 contracts
Samples: Participation Agreement (Merrill Corp), Participation Agreement (Merrill Corp), Participation Agreement (Merrill Corp)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waivedmodified, modified -------------------- superseded or canceled and any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by the parties to this Agreement Seller and Buyer or, in the case of a waiver, by or on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Portacom Wireless Inc/), Asset Purchase Agreement (Portacom Wireless Inc/)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waivedmodified, modified superseded or canceled and any of the terms, representations, warranties or conditions hereof may be waived only by a written instrument executed by the parties to this Agreement Seller and Buyer or, in the case of a waiver, by or on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (VDC Corp LTD), Asset Purchase Agreement (VDC Corp LTD)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement hereto or, in the case of a waiver, by the party waiving compliance. The parties hereto have executed this Agreement effective the day and year first written above.
Appears in 2 contracts
Samples: Restricted Stock Unit Award Agreement (Nash Finch Co), Restricted Stock Unit Award Agreement (Nash Finch Co)
Amendment and Waiver. Other than Except as provided in the PlanPlan or in Section 18, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Piper Sandler Companies), Non Qualified Stock Option Agreement (Piper Jaffray Companies)
Amendment and Waiver. Other than Except as otherwise provided in the Planherein, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 2 contracts
Samples: Employment Agreement (Piper Jaffray Companies), Restricted Stock Agreement (Piper Jaffray Companies)
Amendment and Waiver. Other than Except as provided in the Plan, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance. A waiver by the Company of any provision of this Agreement shall not operate as a waiver of the same or any other provision of this Agreement at any subsequent time for any other purpose.
Appears in 2 contracts
Samples: Restricted Stock Agreement (Northern Oil & Gas, Inc.), Restricted Stock Agreement (Northern Oil & Gas, Inc.)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, superseded, cancelled, renewed or extended, and the terms hereof may be waived, modified or canceled only by a written instrument executed signed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 2 contracts
Samples: Stockholders' Agreement (Crosstex Energy Inc), Stockholders' Agreement (Crosstex Energy Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving waving compliance. The parties to this Agreement have executed this Agreement effective the day and year first above written.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Ceridian Corp /De/), Non Qualified Stock Option Agreement (Ceridian Corp /De/)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may be amended, waivedmodified, modified superseded or canceled only by a written instrument executed by the all parties to this Agreement hereto or, in the case of a waiver, by or on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Mutual Separation and Release Agreement (First Acceptance Corp /De/), Stock Purchase Agreement (First Acceptance Corp /De/)
Amendment and Waiver. Other than as provided in this Agreement, including all attachments hereto, or the Option Plan, none of the terms or provisions of this Agreement, including all attachment to this Agreement may be amended, waived, supplemented, canceled or otherwise modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.. The parties hereto have executed this Agreement effective the day and year first above written. By Its By execution of this Agreement, GRANTEE the Grantee acknowledges having received a copy of the Plan. (Signature) (Name and Address)
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Fargo Electronics Inc)
Amendment and Waiver. Other than Except as otherwise provided in the Plan, this Agreement may be amended, waived, modified modified, or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (HMN Financial Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.. The parties to this Agreement have executed this Agreement effective the day and year first above written. CERIDIAN CORPORATION By ---------------------------------------- Its --------------------------------------
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Ceridian Corp /De/)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled cancelled only by a written instrument executed by the parties to this Agreement hereto or, in the case of a waiver, by the party waiving compliance. The parties hereto have executed this Agreement effective the day and year first above written.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Optical Sensors Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement hereto, or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Samples: Option Agreement (LSC Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled cancelled only by a written instrument executed by the parties to this Agreement hereto or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Liferate Systems Inc)
Amendment and Waiver. Other than as provided in the Deferral Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Janus Capital Group Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance. The parties to this Agreement have executed this Agreement effective the day and year first above written.
Appears in 1 contract
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance. This Agreement shall be interpreted in a manner consistent with compliance under Section 409A of the Code, and the parties shall cooperate to amend this Agreement should it be determined that such amendment is necessary or desirable for compliance with Section 409A of the Code.
Appears in 1 contract
Amendment and Waiver. Other than as provided in the PlanPlan and the Employment Agreement, as applicable, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.
Appears in 1 contract
Samples: Inducement Stock Option Award Agreement (Ani Pharmaceuticals Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.this
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Fargo Electronics Inc)
Amendment and Waiver. Other than as provided in the Plan, this Agreement may be amended, waived, modified or canceled only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance.. The parties to this Agreement have executed this Agreement effective the day and year first above written. By
Appears in 1 contract
Samples: Director Stock Option Agreement (Southwest Casino Corp)
Amendment and Waiver. Other than as provided in the Plan, this This Agreement may not be amendedmodified, waivedwaived or terminated except by an instrument in writing, modified or canceled only signed by a written instrument executed by the parties to this Agreement orparty against whom enforcement of such modification, in the case of a waiver, by the party waiving complianceor termination is sought.
Appears in 1 contract
Samples: Rollover and Contribution Agreement (Hudson Executive Capital LP)
