Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder and the Company.
Appears in 7 contracts
Samples: Note Repurchase Agreement (Vaxgen Inc), Note Repurchase Agreement (Vaxgen Inc), Note Repurchase Agreement (Vaxgen Inc)
Amendment and Waivers. Any term of this Agreement may be amended and the observance severance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder and the Companyparties hereto.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Marina Biotech, Inc.), Stock Purchase Agreement (Marina Biotech, Inc.), Stock Purchase Agreement (Marina Biotech, Inc.)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the CompanyHolder.
Appears in 3 contracts
Samples: Senior Secured Notes Repurchase Agreement (Vista Gold Corp), Senior Secured Notes Repurchase Agreement (Vista Gold Corp), Senior Secured Notes Repurchase Agreement (Vista Gold Corp)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the CompanyLead Purchaser.
Appears in 3 contracts
Samples: Purchase Agreement (Impax Laboratories Inc), Purchase Agreement (Impax Laboratories Inc), Purchase Agreement (Impax Laboratories Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with by a writing signed by the written consent Company and each of Holder and the CompanyAffiliated Lenders.
Appears in 2 contracts
Samples: Affiliated Lender Registration Rights Agreement (UTi WORLDWIDE INC), Affiliated Lender Registration Rights Agreement (UTi WORLDWIDE INC)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder the Company and the Purchaser. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities, each future holder of all such Securities and the Company.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (OccuLogix, Inc.), Series a Preferred Stock Purchase Agreement (OccuLogix, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended with respect to a particular Holder, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) with respect to a particular Holder only with by a writing signed by the written consent of Holder Company and the Companysuch Holder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Outdoor Channel Holdings Inc), Registration Rights Agreement (Outdoor Channel Holdings Inc)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder and the Companyparties hereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Technology Crossover Management Iv LLC), Warrant Cancellation Agreement (Motorcar Parts & Accessories Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with by a writing signed by the written consent Company and such number of Holder and Shareholders holding 80% of the Companyshares held by the Shareholders.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectivelyinstance), only with the written consent of Holder the Company and the CompanyShareholders.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and --------------------- the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the CompanyInvestor.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Catalytica Combustion Systems Inc)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder Holders and the Company.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectivelyinstance), only with the written consent of Holder the Borrower and the CompanyLender.
Appears in 1 contract
Samples: Convertible Loan Agreement (Phoenix International Ventures, Inc.)
Amendment and Waivers. Any term of this Agreement may be amended only with the written consent of the Buyer and the Holder. The observance of any term of this Agreement may be waived by the Holder or the Buyer (either generally or in a particular instance and either retroactively or prospectively), ) only with if such waiver is in writing and signed by the written consent of Holder and the Companyparty to be bound thereby.
Appears in 1 contract
Samples: Warrant Purchase Agreement (Kingswood Genesis Fund I, LLC)
Amendment and Waivers. Any term of this Agreement may be amended only with the written consent of the Company and the Sellers. The observance of any term of this Agreement may be waived by the Company or any Seller (either generally or in a particular instance and either retroactively or prospectively), ) only with if such waiver is in writing and signed by the written consent of Holder and the Companyparty to be bound thereby.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the holders of a majority of the Shares and Additional Shares, if applicable, issued to the Investors hereunder. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each Investor and the Company.
Appears in 1 contract
Samples: Stock Purchase Agreement (International Sports Wagering Inc)
Amendment and Waivers. Any term of this Agreement may be amended and only with the written consent of the parties hereto. The observance of any term of this Agreement may be waived by the Purchaser or the Seller (either generally or in a particular instance and either retroactively or prospectively), ) only with if such waiver is in writing and signed by the written consent of Holder and the Companyparty to be bound.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the Company.consent of holders of at least two-thirds of the then-outstanding Registrable Securities, voting as a class, if such amendment or waiver would adversely effect the terms and conditions of Sectxxx 0,
Appears in 1 contract
Samples: Stock Purchase Agreement (Tricord Systems Inc /De/)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder Sellers and of the CompanyPurchaser.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ariba Inc)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder and the Company.
Appears in 1 contract
Amendment and Waivers. Any term provision of this Agreement may be amended and the observance of any term of this Agreement thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder the Company and the CompanyInvestor.
Appears in 1 contract
Samples: Registration Rights Agreement (E Commerce Group Inc)
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with by a writing signed by the written consent Company and such number of Holder and Shareholders holding 80% of the Companyshares held by the Shareholders.
Appears in 1 contract
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Company and the holders of a majority of the Shares, if applicable, issued to the Investors hereunder. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each Investor and the Company.
Appears in 1 contract
Samples: Stock Purchase Agreement (International Sports Wagering Inc)
Amendment and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Holder the Stockholder and the Company.
Appears in 1 contract
Samples: Stock Purchase Agreement (Farmers & Merchants Bancorp)
Amendment and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder and the Company, CSS and Xxxxx.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of Holder Versant and the CompanyISAR.
Appears in 1 contract
Samples: Acquisition Agreement (Versant Object Technology Corp)
