Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 174 contracts
Samples: Securities Agreement (Sonnet BioTherapeutics Holdings, Inc.), Security Agreement (Sonnet BioTherapeutics Holdings, Inc.), Securities Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 119 contracts
Samples: Pre Funded Warrant to Purchase Common Stock (Elicio Therapeutics, Inc.), Warrant Agreement (Senti Biosciences, Inc.), Warrant Agreement (Inhibikase Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant (other than Section 1(f)) may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 51 contracts
Samples: Securities Purchase Agreement (Phoenix Biotech Acquisition Corp.), Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (Digital Health Acquisition Corp.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 49 contracts
Samples: Warrant Agreement (Asset Entities Inc.), Warrant Agreement (Asset Entities Inc.), Warrant Agreement (Signing Day Sports, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 39 contracts
Samples: Share Surrender and Warrant Agreement (Zura Bio LTD), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (iTeos Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants outstanding and be binding upon all registered holders of such Warrants.
Appears in 26 contracts
Samples: Warrant Agreement (Algorhythm Holdings, Inc.), Series a Common Stock Purchase Warrant (Algorhythm Holdings, Inc.), Warrant Agreement (Algorhythm Holdings, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants and be binding upon all registered holders of such Warrants.
Appears in 21 contracts
Samples: Warrant Agreement (OMS Energy Technologies Inc.), Warrant Agreement (Vivos Therapeutics, Inc.), Warrant Agreement (Vivos Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders.
Appears in 20 contracts
Samples: Warrant Agreement (Gardenburger Inc), Security Agreement (Chadmoore Wireless Group Inc), Security Agreement (Chadmoore Wireless Group Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing no less than a majority of the Warrant Shares obtainable upon exercise of the Warrants then outstanding.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Pre Funded Warrant Agreement (Alimera Sciences Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Warrant Holder.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Banzai International, Inc.), Warrant Agreement (Banzai International, Inc.), Warrant Agreement (Banzai International, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 13 contracts
Samples: Unit Purchase Warrant, Stock Purchase Warrant (Majesco), Warrant Agreement (Sbarro Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.
Appears in 13 contracts
Samples: Warrant to Purchase Common Stock (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 12 contracts
Samples: Standby Equity Purchase Agreement (AGBA Group Holding Ltd.), Securities Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Security Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No such amendment shall be effective to the extent that it applies to less than all of the holders of the Warrants then outstanding.
Appears in 12 contracts
Samples: Backstop Letter Agreement (Alj Regional Holdings Inc), Warrant Agreement (NovaBay Pharmaceuticals, Inc.), Warrant Agreement (NovaBay Pharmaceuticals, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holders of Warrants representing a majority of the shares of Common Stock obtainable upon exercise of the Warrants.
Appears in 12 contracts
Samples: Stock Purchase Warrant (Majesco), Stock Purchase Warrant (Majesco), Stock Purchase Warrant (Majesco)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived only with the written consent of the Company and the Holder, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holder.
Appears in 11 contracts
Samples: Warrant to Purchase Common Stock (Perfect Moment Ltd.), Warrant Agreement (Evergreen Sustainable Enterprises, Inc.), Warrant Agreement (Generation Hemp, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 11 contracts
Samples: Preferred Stock Purchase Agreement (Alder Biopharmaceuticals Inc), Common Stock Purchase Warrant (Prim Billy D), Common Stock Purchase Warrant (Primo Water Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 10 contracts
Samples: Stock Purchase Warrant (United Shipping & Technology Inc), Warrant Agreement (United Shipping & Technology Inc), Warrant Agreement (United Shipping & Technology Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholder(s) of a majority of the purchase rights represented by this Warrant.
Appears in 8 contracts
Samples: Purchase Agreement (Synagro Technologies Inc), Warrant Agreement (Synagro Technologies Inc), Warrant Agreement (Zefer Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may not be modified, amended or waived except pursuant to an instrument in writing signed by the Company and the Holder. The Company may not take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained it without the written consent of the HolderHolder and the Holder may not take any action herein prohibited, or omit to perform any act herein required to be performed by it without the written consent of the Company.
Appears in 7 contracts
Samples: Warrant Agreement (RumbleOn, Inc.), Warrant Agreement (RumbleOn, Inc.), Warrant Agreement (RumbleOn, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder; provided that no such action may increase the Exercise Price of this Warrant or decrease the number of shares or class of stock obtainable upon exercise of this Warrant.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Prevention Insurance Com Inc), Warrant Extension Agreement (Prevention Insurance Com Inc), Securities Purchase Agreement (Prevention Insurance Com Inc)
Amendment and Waiver. Except as otherwise expressly provided herein, the provisions of this Warrant Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 7 contracts
Samples: Merger Agreement (Collegiate Pacific Inc), License and Development Agreement (Aer Energy Resources Inc /Ga), Stock Purchase Agreement (Ultralife Batteries Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Abry Mezzanine Partners Lp), Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (SoftBrands, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 5 contracts
Samples: Security Agreement (Beyond Air, Inc.), Securities Agreement (Beyond Air, Inc.), Security Agreement (Beyond Air, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 5 contracts
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc), Securities Purchase Agreement (Covol Technologies Inc), Securities Purchase Agreement (Covol Technologies Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority the HolderWarrant Holders.
Appears in 5 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder or its successor and assign.
Appears in 5 contracts
Samples: Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc), Warrant Exchange Agreement (Tengion Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants to purchase a majority of the Warrant Shares sold pursuant to the Registration Statement.
Appears in 5 contracts
Samples: Warrant to Purchase Common Stock (Arcimoto Inc), Underwriter Warrant (Eastside Distilling, Inc.), Pre Funded Warrant (Altimmune, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act action herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Sierra Oncology, Inc.), Collaboration Agreement (NanoString Technologies Inc), Warrant Agreement (NanoString Technologies Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 4 contracts
Samples: Warrant Purchase and Registration Agreement (Akorn Inc), Warrant Agreement (Akorn Inc), Common Stock Purchase Warrant (Cypress Bioscience Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived amended, and the Company may take any action herein prohibited, prohibited or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Jw Charles Financial Services Inc/Fl), Common Stock Purchase Warrant (Wilmington Trust Corp), Common Stock Purchase Warrant (Jw Charles Financial Services Inc/Fl)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder, and with respect to any amendment, the amendment is in writing and signed by the Company and the Holder.
Appears in 4 contracts
Samples: Warrant Agreement (Interactive Strength, Inc.), Warrant Agreement (Interactive Strength, Inc.), Warrant Agreement (Interactive Strength, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver by the Company and the Required Holders shall be binding on the Holder of this Warrant and all holders of the Lender Warrants.
Appears in 4 contracts
Samples: Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holderholder of this Warrant.
Appears in 4 contracts
Samples: Transfer and Contribution Agreement, Note Purchase Agreement (Resource America Inc), Transfer and Contribution Agreement (Resource America, Inc.)
Amendment and Waiver. This Warrant may be amended only in writing signed by the Company and the Holder, or their successors and assigns. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 4 contracts
Samples: Warrant Agreement (Inhibikase Therapeutics, Inc.), Warrant Agreement (Tenax Therapeutics, Inc.), Warrant Agreement (Tenax Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of this Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (I Trax Inc), Subscription Agreement (Woodglen Group Lp), Exchange Agreement (Martin Frank A)
Amendment and Waiver. Except as otherwise provided hereinherein or as permitted by the Warrant Agency Agreement, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder or Beneficial Owner, as applicable.
Appears in 4 contracts
Samples: Warrant Agreement (Modular Medical, Inc.), Warrant Agreement (Modular Medical, Inc.), Warrant Agreement (Brickell Biotech, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority of the HolderWarrant Holders.
Appears in 4 contracts
Samples: Warrant Agreement, Warrant Agreement (Lovesac Co), Warrant Agreement (Lovesac Co)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders.
Appears in 3 contracts
Samples: Warrant Agreement (Broadbandnow Inc), Warrant Agreement (Network Communications, Inc.), Warrant Agreement (Broadbandnow Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, . or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 3 contracts
Samples: Assignment of Overriding Royalty Interest (Environmental Energy Services Inc), Warrant Agreement (Integrated Spatial Information Solutions Inc /Co/), Warrant Agreement (O2 Secure Wireless, Inc.)
Amendment and Waiver. Except as otherwise provided -------------------- herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholder(s) of a majority of the purchase rights represented by this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Zefer Corp), Warrant Agreement (Zefer Corp), Warrant Agreement (Zefer Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderMajority Holders.
Appears in 3 contracts
Samples: Stock Purchase Warrant (Netlist Inc), Stock Purchase Warrant (Netlist Inc), Stock Purchase Warrant (Netlist Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority of the HolderHolders.
Appears in 3 contracts
Samples: Warrant to Purchase Common Stock (Ener1 Inc), Warrant to Purchase Common Stock (Ener1 Inc), Warrant to Purchase Common Stock (Ener1 Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Certificate may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Biotime Inc), Stock and Warrant Purchase Agreement (Biotime Inc), Placement Agent Agreement (Ym Biosciences Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 3 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Warrant Agreement (Clayton Williams Energy Inc /De)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (McEwen Mining Inc.), Warrant Agreement (DE Acquisition 2, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived only by written agreement of the Company and the Holder, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Stock Purchase Warrant (Medicinova Inc), Stock Purchase Warrant (Medicinova Inc)
Amendment and Waiver. Except as otherwise expressly provided herein, the provisions of this Warrant Amended and Restated Note may be amended or waived and the Company may take any action herein prohibited, ; or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ultralife Batteries Inc), Asset Purchase Agreement (Ultralife Batteries Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.
Appears in 2 contracts
Samples: Underwriting Agreement (Intellipharmaceutics International Inc.), Placement Agent Agreement (Intellipharmaceutics International Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Boulder Acquisitions Inc), Warrant Agreement (Basic Empire Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Gulfslope Energy, Inc.), Warrant Agreement
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Exchange Agreement (Altimmune, Inc.), Exchange Agreement (Altimmune, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholders of a majority of the Registered Warrants and, so long as the Lead Investor holds any Registered Warrants, the Lead Investor .
Appears in 2 contracts
Samples: Warrant Agreement (Repros Therapeutics Inc.), Pre Funded Warrant to Purchase Common Stock (Repros Therapeutics Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived only with the written consent of the Company and the Holder, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holder.
Appears in 2 contracts
Samples: Warrant to Purchase Common Stock (Elicio Therapeutics, Inc.), Underwriting Agreement (Elicio Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of Warrant Holders entitled to receive on exercise a majority the HolderWarrant Shares.
Appears in 2 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants and be binding upon all registered holders of such Warrants.
Appears in 2 contracts
Samples: Warrant Agreement (Verdant Earth Technologies LTD), Warrant Agreement (Verdant Earth Technologies LTD)
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 2 contracts
Samples: Warrant Agreement (Plug Power Inc), LLC Interest Purchase Warrant (Plug Power Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholders of a majority of the then-outstanding Warrants. Any amendment or waiver so effected shall be binding on each existing and future holder of Warrants.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Cardinal Minerals Inc), Stock Option Agreement (Cardinal Minerals Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing a majority of the Warrant Shares obtainable upon exercise of the Warrants then outstanding.
Appears in 2 contracts
Samples: Warrant Agreement (Echo Therapeutics, Inc.), Warrant Agreement (Echo Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRegistered Holders.
Appears in 2 contracts
Samples: Warrant Agreement (McCormick & Schmick Holdings, L.L.C.), Warrant Agreement (McCormick & Schmick Holdings, L.L.C.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Amendment may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 1 contract
Samples: Common Stock Purchase Warrant Amendment (Omrix Biopharmaceuticals, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, -------------------- the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders as provided herein.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Select Comfort Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. No such amendment shall be effective to the extent that it applies to less than all of the holders of the SPA Warrants then outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biovest International Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholders of a majority of the Warrant Shares underlying the outstanding Warrants.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing a majority of the Class B Shares obtainable upon exercise of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Angeles Participating Mortgage Trust)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants issued pursuant to the Agreement may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of Warrants.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderand Holder have agreed in writing to such amendment, act or omission.
Appears in 1 contract
Samples: Warrant Agreement (Comverge, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this This Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holder; provided, however, that the Company may, without the consent of the Holder, amend or supplement this Warrant to cure defects or inconsistencies.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant and the other Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing a majority of the Class A Shares obtainable upon exercise of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Angeles Participating Mortgage Trust)
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant and BCI.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the each Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Required Holders, and with respect to any amendment, the amendment is in writing and signed by the Company, except that any Holder may waive the Company’s performance hereunder or provide consent as the only such Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by Required Holders and any other approval or consent granted by Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 1 contract
Samples: Preferred Stock Purchase Warrant (Open Port Technology Inc)
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if with the affirmative consent or approval of the Company has obtained the written consent and of the Registered Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderMajority Warrant Holders.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived amended, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of holders of a majority of the HolderRegistered Warrants and, so long as the Lead Investor holds any Registered Warrants, the Lead Investor.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit omitted to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of Warrant, provided that no such action may increase the Warrant Exercise Price of the Warrant or decrease the number of Membership Interests obtainable upon exercise of the Warrant with out the written consent of the holder of the Warrant.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Seragen Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. Any change, amendment or waiver pursuant to the immediately preceding sentence shall be binding on the Holder of this Warrant and all holders of the Waiver Warrants.
Appears in 1 contract
Samples: Waiver and Amendment Agreement (Palisade Bio, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Samples: Warrant Agreement (SenesTech, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any change, amendment or waiver by the Company and the Required Holders shall be binding on the Holder of this Warrant and all holders of the other SPA Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Air Industries Group)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained upon the written consent of the Company and the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver by the Company and the Required Holders shall be binding on the Holder of this Warrant and all holders of the March 2023 Warrants.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 1 contract
Samples: Warrant and Preferred Stock Purchase Agreement (Clayton Williams Energy Inc /De)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderXxxxxx.
Appears in 1 contract
Samples: 3(a)(9) Exchange Agreement (Baker Bros. Advisors Lp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, prohibited or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. This Warrant may be amended only in writing signed by the Company and the Holder, or their successors and permitted assigns.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aerovate Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise expressly provided herein, the provisions of this Warrant Amended and Restated Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequisite Holders.
Appears in 1 contract
Samples: Warrant to Purchase Common Stock (Digital Ally Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any Holder may waive any provision of this Warrant as to itself.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderMajority Holders.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 1 contract
