Amendments and Severability. Except with respect to the addresses under Section 9.01 and as described below, this Agreement may not be amended, modified or waived, except by an instrument in writing executed, by the Company and the Investors in the case of amendment or modification, or, in the case of a waiver, by the party to whom the obligation waived was owed. The invalidity of any one or more provisions of this Agreement shall not affect the validity of this Agreement as a whole, and in case of any such invalidity, this Agreement shall be construed as if the invalid provision had not been included herein. Notwithstanding the foregoing, Article VIII may not be amended, modified or waived, except by an instrument in writing executed by the Company and the Holders of a majority of the then outstanding Transfer Restricted Securities.
Appears in 4 contracts
Samples: Investment Agreement (PDC Energy, Inc.), Investment Agreement (PDC Energy, Inc.), Stock Purchase and Sale Agreement (PDC Energy, Inc.)