Amendment, Waiver, Modification, Etc Sample Clauses
Amendment, Waiver, Modification, Etc. This Warrant Agreement and the Warrant Certificates may be amended by the parties hereto without the consent of any Holder for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained herein or adding or changing any other provisions with respect to matters or questions arising under this Warrant Agreement and the Warrant Certificates as the Corporation and the Warrant Agent may deem necessary or desirable (including without limitation any addition or modification to provide for compliance with the transfer restrictions set forth herein); provided, however, that such action shall not materially adversely affect the rights of any of the Holders. Any term or terms of this Warrant Agreement and the Warrant Certificates may be amended and the observance of any term of this Warrant Agreement and the Warrant Certificates may be waived (either generally or in a particular instance and either retroactively or prospectively), with the written consent of the Corporation and the holders of a majority of shares of Common Stock issuable upon exercise of outstanding Warrants issued in connection with the Exchange Offer. Any waiver, amendment or modification effected in accordance with this Section 4.4 shall be binding upon each Holder, each holder of any shares of Common Stock obtained under this Warrant Agreement at the time outstanding, each future holder of all such shares of Common Stock, and the Corporation. The Holder acknowledges that by operation of this Section 4.4, the holders of a majority of shares of Common Stock issuable upon exercise of Warrants issued in connection with the Exchange Offer will have the right and power to diminish or eliminate all rights of such Holder under this Warrant Agreement.
Amendment, Waiver, Modification, Etc. Any term or terms of this Warrant Agent Agreement and the Warrant Certificates may be amended and the observance of any term of this Warrant Agent Agreement and the Warrant Certificates may be waived (either generally or in a particular instance and either retroactively or prospectively), as set forth in the Warrant Certificates. Any waiver, amendment or modification effected in accordance with this Section 4.3 shall be binding upon each Holder of Warrants at the time outstanding and the Company. The Warrant Agent shall have no duty to determine whether any such amendment would have an effect on the rights or interests of the holders of the Warrants. The Warrant Agent may, but shall not be obligated to, execute any amendment or supplement which affects the rights or changes or increases the duties or obligations of the Warrant Agent.
Amendment, Waiver, Modification, Etc. This Warrant Agreement and the Warrant Certificates may be amended by the parties hereto without the consent of any Holder for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained herein or adding or changing any other provisions with respect to matters or questions arising under this Warrant Agreement and the Warrant Certificates as the Corporation and the Warrant Agent may deem necessary or desirable (including without limitation any addition or modification to provide for compliance with the transfer restrictions set forth herein); provided, however, that such action shall not materially adversely affect the rights of any of the Holders. Any term or terms of this Warrant Agreement and the Warrant Certificates may be amended and the observance of any term of this Warrant Agreement and the Warrant Certificates may be waived (either generally or in a particular instance and either retroactively or prospectively), with the written consent of the Corporation and the holders of a majority of outstanding Warrants issued in connection with the Exchange Offer. Any waiver, amendment or modification effected in accordance with this Section 4.3 shall be binding upon each Holder of Warrants at the time outstanding and the Corporation.
Amendment, Waiver, Modification, Etc. No amendment, waiver, modification or cancellation of any term or condition of this Agreement shall be effective unless it is executed in writing by the party charged therewith. The fact that a party has not previously insisted upon the other party's express compliance with any provision of this Agreement shall not be deemed to be a waiver of the other party's future right to require compliance. If any term or provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction or by any other authority vested with jurisdiction, that holding shall not affect the validity or enforceability of any other term or provision hereof, and this Agreement shall be interpreted and construed if that term or provision, to the extent it shall have been held to be invalid, illegal or unenforceable, had never been contained herein.