Common use of Amendment; Waiver and Termination Clause in Contracts

Amendment; Waiver and Termination. This Agreement may be amended, modified or terminated (other than pursuant to Section 7) and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company, (b) the Key Holders holding at least a majority of the Shares then held by the Key Holders and (c) the Investors constituting the Required Investors. Any amendment, modification, termination or waiver so effected shall be binding upon the Company, and the Stockholders, and all of their respective successors and permitted assigns whether or not such party, assignee or other shareholder entered into or approved such amendment, modification, termination or waiver. Notwithstanding the foregoing:

Amendment; Waiver and Termination. This Agreement may be amended, modified or terminated (other than pursuant to Section 710(a)) and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (ai) the Company, and (bii) the Key Holders Stockholders holding at least a majority more than 50% of the Shares then held by outstanding Common Stock of the Key Holders and (c) Company, assuming full conversion of all outstanding Preferred Stock of the Investors constituting the Required InvestorsCompany. Any amendment, modification, termination or waiver so effected shall be binding upon the Company, and the StockholdersInvestors, the Stockholders and all of their respective successors and permitted assigns whether or not such party, assignee or other shareholder entered into or approved such amendment, modification, termination or waiver. Notwithstanding the foregoing:

Amendment; Waiver and Termination. This Agreement may be amended, modified or terminated (other than pursuant to Section 79.1 above) and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company, (b) the Key Holders holding at least a majority of the Shares then held by the Key Holders NICK, and (c) the Investors constituting the Required InvestorsMX Xxxxxx. Any amendment, modification, termination or waiver so effected shall be binding upon the Company, and the Stockholders, Stockholders and all of their respective successors and permitted assigns whether or not such party, assignee or other shareholder entered into or approved such amendment, modification, termination or waiver. Notwithstanding the foregoing: