Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Investors' Agreement (Apollo Investment Fund Iii Lp), Investors' Agreement (Lee Thomas H Equity Fund Iii L P), Investors' Agreement (Decisionone Holdings Corp)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement Shareholders at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Investors Agreement (Cable Systems Holding LLC), Investors Agreement (Ipc Information Systems Inc), Investors Agreement (Cable Systems Holding LLC)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 5075% of the Shares shares of Voting Stock held by the parties to this Agreement Shareholders at the time of such proposed amendment or modification.
Appears in 3 contracts
Samples: Shareholders' Agreement (Nextel Partners Inc), Shareholders' Agreement (Nextel Communications Inc), Shareholders' Agreement (Nextel Partners Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board of Directors and holders of Stockholders holding at least 5075% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationoutstanding Shares.
Appears in 2 contracts
Samples: Investors' Agreement (Audio International Inc), Investors' Agreement (Decrane Aircraft Holdings Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationboth parties.
Appears in 2 contracts
Samples: Put Option Agreement (California Coastal Communities Inc), Put Option Agreement (Waste Management Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company Issuer with the approval of the Board of Directors and holders of Securityholders holding or having the right to acquire at least 5085% of the Shares Fully Diluted Common Stock held by the parties to this Agreement at the time of such proposed amendment or modificationAgreement.
Appears in 2 contracts
Samples: Securityholders Agreement (Phase Metrics Inc), Securityholders Agreement (Santa Barbara Metric Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board of Directors and holders of Stockholders holding at least 5075% of the outstanding Common Shares held by the parties to this Agreement hereto at the time of such proposed amendment or modification; provided that any amendment or modification which adversely and disproportionately affects the rights of any party hereto must be approved by such party.
Appears in 2 contracts
Samples: Investors' Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Investors' Agreement (Insilco Holding Co)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modification.writing
Appears in 1 contract
Samples: Investors' Agreement (Thermadyne Holdings Corp /De)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board of Directors and holders of Holders holding at least 5075% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationoutstanding Registrable Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Decrane Aircraft Holdings Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval each of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationParties.
Appears in 1 contract
Samples: Investment Agreement (Security Associates International Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 5075% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modification.
Appears in 1 contract
Samples: Investors' Agreement (Formica Corp)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationeach party.
Appears in 1 contract
Samples: Hotel Properties Agreement (Bristol Hotels & Resorts Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by Bxxx with the Company with approval of the Board of Directors and holders of Shareholders holding at least 5085% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationStock.
Appears in 1 contract
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board of Directors and holders of Shareholders holding or having the right to acquire at least 5085% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationShares.
Appears in 1 contract
Samples: Shareholders Agreement (Brand Scaffold Services Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company Issuer with the approval of the Board of Directors and holders of Stockholders holding or having the right to acquire at least 5085% of the Shares Fully Diluted Common Stock held by the parties to this Agreement at the time of such proposed amendment or modificationAgreement.
Appears in 1 contract
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board of Directors and holders of Stockholders holding at least 5075% of the Shares held by the parties to this Agreement at the time of such proposed amendment or modificationoutstanding Shares.
Appears in 1 contract
Samples: Stockholders Agreement (Mueller Holdings (N.A.), Inc.)
