Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, and (ii) Holders then holding at least a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 4 contracts
Samples: Registration Rights Agreement (Sten Corp), Registration Rights Agreement (PPT Vision Inc), Registration Rights Agreement (PPT Vision Inc)
Amendment of Rights. Any provision of this Agreement may be ------------------- amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 3.1 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 3 contracts
Samples: Reorganization Agreement (Asymetrix Learning Systems Inc), Registration Rights Agreement (Asymetrix Learning Systems Inc), Registration Rights Agreement (Asymetrix Learning Systems Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (iand/or any of their permitted successors or assigns) the Company, and (ii) Holders then holding at least shares representing and/or exercisable into a majority of all of the Registrable Registration Securities. Any amendment or waiver effected in accordance with this Section 3.2 will subsection 8(b) shall be binding upon (i) each Investor, each Holder, (ii) each permitted successor or assignee of such Investor or Holder and (iii) the Company.
Appears in 3 contracts
Samples: Subscription Agreement (Ivt Software Inc), Subscription Agreement (Extreme Home Staging Inc), Subscription Agreement (VGTel, Inc.)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (iand/or any of their permitted successors or assigns) the Company, and (ii) Holders then holding at least a majority shares of all of the Registrable SecuritiesSecurities and/or Common Stock. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) each Investor, each Holder, (ii) each permitted successor or assignee of such Investor or Holder and (iii) the Company.
Appears in 2 contracts
Samples: Investor Rights Agreement (Itec Environmental Group Inc), Investor Rights Agreement (Itec Environmental Group Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 3.1 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Asymetrix Learning Systems Inc), Registration Rights Agreement (Asymetrix Learning Systems Inc)
Amendment of Rights. Any provision of this Agreement may be amended ------------------- and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding of at least a majority 66-2/3% of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) the Investors and each Holder, (ii) each permitted successor or assignee of such Holder the Investors and (iii) the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Precision Auto Care Inc), Registration Rights Agreement (Precision Auto Care Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) the Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 11.2 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (CMC Industries Inc), Registration Rights Agreement (Cortelco Systems Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding of at least a majority 66-2/3% of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) the Investors and each Holder, (ii) each permitted successor or assignee of such Holder the Investors and (iii) the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Brown Louis M Jr), Registration Rights Agreement (Precision Auto Care Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of (i) the Company, Company and (ii) Holders then holding of at least a majority of all 75% of the Registrable SecuritiesSecurities Then Outstanding; provided that any amendment that disproportionately affects any Holder vis-à-vis any other Holder shall require the consent of such affected Holder. Any amendment or waiver effected in accordance with this Section 3.2 will 2.12 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (China Seed Ventures, L.P.), Registration Rights Agreement (Searchmedia Holdings LTD)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of (i) the Company, Company and (ii) Holders then holding at least a majority Requesting Holders; provided that any amendment that disproportionately affects any Holder vis-à-vis any other Holder shall require the consent of all of the Registrable Securitiessuch affected Holder. Any amendment or waiver effected in accordance with this Section 3.2 will 2.L shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Registration Rights Agreement (Archstone Consulting LLC)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 4.1 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Shareholder Agreement (Vuzix Corp)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) the Holders then holding at least a of majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will shall be binding upon (i) the Investor, each Holder, (ii) each permitted successor or assignee of such Investor or Holder and (iii) the Company.
Appears in 1 contract
Samples: Investor Rights Agreement (Rattlesnake Holding Co Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least shares of Registrable Securities representing a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, and any Holder (iiand /or any of their permitted successors or assigns) affected by such amendment or waiver. In the event the rights of a Holder are sought to be waived, then the Holders then holding at least of a majority of the Registrable Securities owned by such Holders may waive such rights on behalf of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Companyother Holders.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Purchaser (iand/or any of their permitted successors or assigns) the Company, and (ii) Holders then holding at least shares representing a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will section 6.2 shall be binding upon (i) each Holderthe Purchaser, (ii) each a permitted successor of the Purchaser, an Acquiror/Assignee or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof of such provision may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company and the Holders (iand/or any of their permitted successors or assigns) the Company, and (ii) Holders then holding at least a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Piggy Back Registration Rights Agreement (Healthtronics, Inc.)
Amendment of Rights. Any Subject to Section 3.3, any provision of ------------------- this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least a majority of all of the Registrable Securities (assuming conversion or exercise of all securities convertible into or exercisable for Registrable Securities) then held by all Holders. Any amendment or waiver effected in accordance with this Section 3.2 will shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
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Amendment of Rights. Any Unless otherwise provided for herein, any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Holders (iand/or any of the Holders' respective permitted successors or assigns) the Company, and (ii) Holders holding Registrable Securities then holding at least outstanding representing a majority of all of the Holders' Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the CompanySecurities then outstanding.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Sole Shareholder (i) the Company, and (ii) Holders then and/or any of his permitted successors or assigns holding at least shares of Registrable Securities representing a majority of all of the Registrable Securities). Any amendment or waiver effected in accordance with this Section 3.2 2.2 will be binding upon (i) each Holderthe Sole Shareholder, (ii) each permitted successor or assignee of such Holder the Sole Shareholder and (iii) the Company.
Appears in 1 contract
Samples: Piggyback Registration Rights Agreement (One Stop Systems, Inc.)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof of such provision may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Holders (iand/or any of their permitted successors or assigns) the Company, and (ii) Holders then holding at least a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Subordinated Convertible Promissory Note (Westech Capital Corp)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of (i) the Company, Arch BVI and (ii) Holders then holding at least a majority of all of the Registrable SecuritiesCapital Ally. Any amendment or waiver effected in accordance with this Section 3.2 will 2.14 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Registration Rights Agreement (Middle Kingdom Alliance Corp.)
Amendment of Rights. Any Unless otherwise provided for herein, any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of (i) the Company, Company and (ii) Holders then holding at least the holders of a majority of all of the Registrable Securities. Any amendment or waiver effected in accordance with this Section 3.2 will 4.2 shall be binding upon (i) each Investor, Holder and Rights Holder, (ii) each permitted successor or assignee of such each Investor, Holder or Rights Holder, and (iii) the Company.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be ------------------- amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 3.1 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Samples: Registration Rights Agreement (Asymetrix Learning Systems Inc)
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least a majority not less than seventy-one percent of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 2.2 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Amendment of Rights. Any provision of this Rights Agreement may ------------------- be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 3.3 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract
Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company, Company and (ii) Holders then holding at least of a majority of all of the Registrable SecuritiesSecurities then outstanding. Any amendment or waiver effected in accordance with this Section 3.2 will 4.1 shall be binding upon (i) each Holder, (ii) each permitted successor or assignee of such Holder and (iii) the Company.
Appears in 1 contract