Common use of Amendment; Waiver; Termination Clause in Contracts

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. (b) In addition, any amendment or modification of any provision of this Agreement that would adversely affect any DLJ Entity may be effected only with the consent of such DLJ Entity. (c) In addition, any amendment or modification of any provision of this Agreement that would adversely affect any (i) Institutional Shareholder may be effected only with the consent of Institutional Shareholders holding at least 50% of the shares held by the Institutional Shareholders or (ii) Management Shareholder may be effected only with the consent of Management Shareholders holding at least 50% of the shares held by the Management Shareholders. (d) This Agreement shall terminate on the tenth anniversary of the date hereof unless earlier terminated.

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. (b) In addition, any amendment or modification of any provision of this Agreement that would adversely affect any DLJ Entity may be effected only with the consent of such DLJ Entity. (c) In addition, any amendment or modification of any provision of this Agreement that would adversely affect any (i) Institutional Shareholder may be effected only with the consent of Institutional Shareholders holding at least 50100% of the shares held by the affected Institutional Shareholders or (ii) Management Shareholder may be effected only with the consent of Management Shareholders holding at least 50% of the shares held by the Management Shareholders. Any amendment of Sections 3.01(a), 3.01(b), 3.02. 4.01, 4.02 and 7.03(d) in a manner adverse to any Bridge Fund Equity Holder shall require the consent of 100% of the affected Bridge Fund Equity Holders. (dc) This Agreement shall terminate on the tenth anniversary of the date hereof unless earlier terminated.