Amendment; Waiver; Termination. 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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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 (Insilco Holding Co), Investors' Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
Amendment; Waiver; Termination. 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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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 partyShares.
Appears in 2 contracts
Samples: Investors' Agreement (Decrane Aircraft Holdings Inc), Investors' Agreement (Audio International Inc)
Amendment; Waiver; Termination. 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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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 partyboth parties.
Appears in 2 contracts
Samples: Call/Put Option Agreement (Waste Management Inc), Call/Put Option Agreement (California Coastal Communities 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 Bxxx with the approval of the Board and Stockholders Shareholders holding at least 7585% of the outstanding Common Shares held by Stock.
(b) This Agreement shall remain in effect for a period of ten years from the parties 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 partydate hereof.
Appears in 1 contract
Amendment; Waiver; Termination. 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 and Stockholders holding at least 7595% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modificationShares; provided that any amendment or other modification which of this Agreement that would adversely and disproportionately affects affect any Founding Stockholder may be effected only with the rights consent of any party hereto must be approved by such partyStockholder.
Appears in 1 contract
Samples: Stockholders Agreement (Manufacturers Services LTD)
Amendment; Waiver; Termination. 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 and Stockholders Holders holding at least 75% of the outstanding Common Shares held by the parties 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 partyRegistrable Securities.
Appears in 1 contract
Samples: Registration Rights Agreement (Decrane Aircraft Holdings Inc)
Amendment; Waiver; Termination. 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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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.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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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 each party.
Appears in 1 contract
Samples: Hotel Properties Agreement (Bristol Hotels & Resorts Inc)
Amendment; Waiver; Termination. 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 each of the Board and Stockholders holding at least 75% of the outstanding Common Shares held by the parties 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 partyAgreement Parties.
Appears in 1 contract
Samples: Investment Agreement (Security Associates International Inc)
Amendment; Waiver; Termination. 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 and Stockholders holding at least 75% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modificationShares; provided that any amendment or other modification which of this Agreement that would adversely and disproportionately affects affect any Founding Stockholder may be effected only with the rights consent of any party hereto must be approved by such partyStockholder.
Appears in 1 contract
Samples: Investors' Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)