Amendment; Modification; Waivers. This Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by the Company and the Holder, which writing shall specifically reference this Agreement, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s).
Amendment; Modification; Waivers. A provision of this Warrant may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company and the Holder, or in the case of a waiver, by the Person against whom such waiver is intended to be effective, which writing shall specifically reference this Warrant, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s). No failure or delay by any Person in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Amendment; Modification; Waivers. This Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by Holders owning at least a majority of the outstanding shares of the voting power of the Corporation’s capital stock held by Holders party hereto; provided that, in addition to and without limiting the foregoing, (i) no amendment to this Agreement may adversely affect a Holder relative to other Holders without such Xxxxxx’s prior written consent.
Amendment; Modification; Waivers. This Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by the Company and holders of a majority of the Registrable Securities then owned by the Holders and such amendment or waiver treats all holders of capital stock equally in all respects, which writing shall specifically reference this Agreement, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s). No amendment or waiver is permitted if such amendment or waiver would adversely affect a Holder relative to the other Holders without such Holder’s written consent.
Amendment; Modification; Waivers. (i) This Agreement may be amended or modified if, and only if, such amendment or modification is in writing and signed by (x) the Corporation, following approval by the Board, and (y) Holders representing, in aggregate, no less than a majority of the outstanding shares of Common Stock owned by Holders as of such date; provided, that notwithstanding the foregoing, no amendment or modification of this Agreement that materially and adversely affects a Holder (solely in its capacity as a Holder) in a manner disproportionate to its effect on the other Holders holding the same class(es) of capital stock of the Corporation (solely in their respective capacity as a Holder of the same class(es) of capital stock of the Corporation), shall be effective without such disproportionately affected Holder’s prior written consent; provided, further, that notwithstanding the foregoing provisions of this Section 11(c)(i), any amendment or modification of (A) Section 2(a), Section 2(c), Section 2(e) or Section 2(f) prior to the time that GoldenTree no longer owns the Smaller Minimum Amount shall require the prior written consent of GoldenTree; (B) Section 2(a) or Section 2(c) prior to the time that Silver Point no longer owns the Smaller Minimum Amount shall require the prior written consent of Silver Point; or (C) any minimum shareholding requirement or ownership thresholds related to Holders’ pre-emptive rights set forth in Section 8 or the rights of any Tag-Along Holders, or of Holders to receive information pursuant to Section 4, shall require the prior written consent of the adversely affected Holders. Any amendment or modification of any provision of this Agreement must specifically reference this Section 11(c)(i) and the provision(s) of this Agreement to be so amended or modified.
(ii) Notwithstanding anything contained in Section 11(c)(i) to the contrary, the following amendments or modifications of this Agreement may be made by the Corporation (with the approval of the Board) from time to time, without the consent of any Holder or any other Person, by delivery of a written notice of such amendment or modification to the Holders: (A) to correct any typographical or similar ministerial errors in this Agreement or any schedule or exhibit hereto or to cure any ambiguity; (B) to delete or add any provisions of this Agreement required to be so deleted or added to comply with applicable law (including, without limitation, any necessary amendments or modifications to this Agr...
Amendment; Modification; Waivers. No amendment or waiver of any provision of this Agreement shall be valid and binding unless it is in writing and signed, in the case of an amendment, by Bxxxx and the Seller or in the case of a waiver, by Bxxxx on the one hand, or by Seller, if, respectively, the Buyer or the Seller is the party against whom the waiver is to be effective (or as otherwise expressly provided herein). No waiver by any Party of any breach of any representation, warranty, covenant, or agreement hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent breach of any such representation, warranty, covenant, or agreement hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No delay or omission on the part of any Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof.
Amendment; Modification; Waivers. A provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by the Company, the Warrant Agent, and the Required Holders, which writing shall specifically reference this Agreement, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s). No failure or delay by any Person in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Notwithstanding anything in this Agreement to the contrary, the Warrant Agent may, but shall not be obligated to, enter into any amendment that adversely affects the Warrant Agent’s own rights, duties, immunities or obligations under this Agreement. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from a duly authorized officer of the Company that states that the proposed amendment is in compliance with the terms of this Section 8.6.
Amendment; Modification; Waivers. A provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by the Company and the Required Holders, which writing shall specifically reference this Agreement, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s). No failure or delay by any Person in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Amendment; Modification; Waivers. The Senior Lender and Borrowers hereby certify, represent, warrant and covenant that no amendments, modifications or waivers of any terms, conditions, covenants, agreements, duties, provisions or undertakings under the Senior Debt Document will be made without Lender's written consent, and no waiver of any breach, failure, violation or other non-observance or non-performance under the Senior Debt Documents will be made without Lender's written consent, in any such case that results in an increase of the amount of the Senior Debt to which the Indebtedness is subordinated. The Lender's consent shall not be unreasonably withheld. In the event of any such increase, the provisions of Section 12C of the Subordinated Promissory Note (Term Loan) shall apply.
Amendment; Modification; Waivers. This Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed by the Company and Holders of a majority of the outstanding shares of the Common Stock, provided that no amendment may adversely affect a Holder relative to other Holders without such Holder’s consent; provided, further, that amendments to Section 3(a)(ii) and 3(a)(iii) shall only require the consent of the Designating Stockholders at such time. Any amendment or waiver must specifically reference this Agreement, specify the provision(s) hereof that it is intended to amend or waive and further specify that it is intended to amend or waive such provision(s).
