Common use of Amendment of Rights Clause in Contracts

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 Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this Section shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Whittman Hart Inc), Common Stock and Warrant Purchase Agreement (Novell Inc), Investor Rights Agreement (Whittman Hart Inc)

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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 Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this Section 6.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 3 contracts

Samples: Investor Rights Agreement (Xircom Inc), Investor Rights Agreement (Intel Corp), Investor Rights Agreement (Intel 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 the Company and Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor all Registrable Securities then outstanding and entitled to outstanding; provided, however, that in the registration rights set forth event of a subsequent closing, as provided in Section 2 hereof)1.2(c) of the Purchase Agreement, the Company may amend Exhibit A and add new parties to this Agreement without such consent. Any amendment or of waiver effected in accordance with this Section 6.3 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Shelf Registration Agreement (Nhancement Technologies 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 Investor (or, in the case of an amendment or waiver of any provision of Section 2 3 hereof), only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration rights set forth in Section 2 3 hereof). Any amendment or waiver effected in accordance with this Section 6.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Probex 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 the Company and Investor the Investors (or, in the case and/or any of an amendment their permitted successors or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of assigns) holding a majority of the Investor Securities then outstanding shares of Series B Preferred and entitled to a majority of the registration rights set forth in Section 2 hereofoutstanding Warrants (including for each purpose any Conversion Shares or Warrant Shares). Any amendment or waiver effected in accordance with this Section shall 2.2 will be binding upon the Investor, each Holder, each permitted successor or assignee of such the Investor or such Holder and the Company. PURVI1#149; GENERAL PROVISIONS.

Appears in 1 contract

Samples: Registration Rights Agreement (Sento 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 the Company and Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration rights set forth in Section 2 hereofoutstanding). Any amendment or waiver effected in accordance with this Section 8.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Intel 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 the Company and Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this Section 5.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Prodeo Technologies Inc)

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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 Investor Investors (or, in the case and/or any of an amendment their permitted successors or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of assigns) holding shares representing and/or exercisable into a majority of all the Investor Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof)Registration Securities. Any amendment or waiver effected in accordance with this Section subsection 8(b) shall be binding upon the each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Subscription Agreement (EconoShare, 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 Investor (or, in the case of an amendment or waiver of any provision of Section 2 3 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration rights set forth in Section 2 3 hereof). Any amendment or waiver effected in accordance with this Section 9.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Probex 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 the Company and Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, hereof only with the written consent of the Company and the Holders of a majority of the Investor Registrable Securities then outstanding and entitled to the registration registra tion rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this Section 3.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Micron Technology 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 Investor (or, in the case of an amendment or waiver of any provision of Section 2 hereof, only with the written consent of the Company and the Holders of a majority of the Investor Securities outstanding shares of Series A Stock issued under the Series A Agreement plus all then outstanding and entitled to shares of Common Stock issued upon the registration rights set forth in Section 2 hereof)conversion of any shares of Series A Stock issued under the Series A Agreement. Any amendment or waiver effected in accordance with this Section 4.2 shall be binding upon the Investor, each Holder, each permitted successor or assignee of such the Investor or Holder and the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (Net Value Holdings Inc)

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