Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 129 contracts
Samples: Securities Purchase Agreement (Autolus Therapeutics PLC), Securities Purchase Agreement (Summit Therapeutics Inc.), Share Purchase Agreement (Immunovant, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company and a majority-in-interest of the InvestorHolders.
Appears in 49 contracts
Samples: Registration Rights Agreement (Meta Financial Group Inc), Registration Rights Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively prospectively or prospectivelyretroactively), only with the written consent of the Company and a majority in interest of the InvestorHolders.
Appears in 37 contracts
Samples: Loan Agreement (Better Biodiesel, Inc), Security Agreement (Itec Environmental Group Inc), Security Agreement (Itec Environmental Group Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorHolder.
Appears in 34 contracts
Samples: Exchange Agreement (Assure Holdings Corp.), Exchange Agreement (Assure Holdings Corp.), Exchange Agreement (Akerna Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorSubscribers.
Appears in 32 contracts
Samples: Project Specific Subscription Agreement, Subscription Agreement, Subscription Agreement
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorBuyer.
Appears in 30 contracts
Samples: Stock Purchase Agreement (Hero Grand Everbright International LTD), Stock Purchase Agreement (Ephs Holdings, Inc.), Share Purchase Agreement (Igp Digital Interaction L.P.)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Stockholder and the InvestorCompany.
Appears in 23 contracts
Samples: Common Stock Repurchase Agreement (Ludwig Enterprises, Inc.), Stock Repurchase Agreement (Elate Group, Inc.), Stock Repurchase Agreement (Elate Group, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorPurchaser.
Appears in 23 contracts
Samples: Series B 1 Purchase Agreement (GridIron BioNutrients, Inc.), Securities Purchase Agreement (POSITIVEID Corp), Share Purchase Agreement (Midway Gold Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this the Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.
Appears in 17 contracts
Samples: Stock Purchase Agreement (Maker Communications Inc), Stock Purchase Agreement (Liberate Technologies), Stock Purchase Agreement (High Speed Access Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the each Investor.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Local Bounti Corporation/De), Securities Purchase Agreement (Local Bounti Corporation/De), Exchange Agreement (Charge Enterprises, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorRequired Investors.
Appears in 14 contracts
Samples: Registration Rights Agreement (Liqtech International Inc), Registration Rights Agreement (Liqtech International Inc), Registration Rights Agreement (PLx Pharma Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorInvestors.
Appears in 14 contracts
Samples: Common Stock Purchase Agreement (Centuri Holdings, Inc.), Registration Rights Agreement (ScoutCam Inc.), Share Purchase Agreement (GLOBALFOUNDRIES Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Immatics N.V.), Exchange and Assignment Agreement (Surge Holdings, Inc.), Exchange Agreement (Surge Holdings, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorPurchaser.
Appears in 11 contracts
Samples: Stock Purchase Agreement (Ovsenek Joseph John), Stock Purchase Agreement (McNaughton Kenneth Charles), Stock Purchase Agreement (Higgs Dennis Lyle)
Amendments and Waivers. Any term of this This Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorPurchaser.
Appears in 10 contracts
Samples: Convertible Note Purchase Agreement (Integrated Media Technology LTD), Convertible Note Purchase Agreement (Integrated Media Technology LTD), Convertible Note Purchase Agreement (Integrated Media Technology LTD)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company and the InvestorPurchaser.
Appears in 10 contracts
Samples: Note Purchase Agreement (Geovic Mining Corp.), Note Purchase Agreement (Geovic Mining Corp.), Note Purchase Agreement (Geovic Mining Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorPurchaser.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Cynergistek, Inc), Securities Purchase Agreement (Summer Energy Holdings Inc), 6 Preferred Stock Purchase Agreement
Amendments and Waivers. Any term of Except as otherwise specified herein, this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Corporation and the InvestorEmployee.
Appears in 9 contracts
Samples: Employment Agreement (Aflac Inc), Employment Agreement (Aflac Inc), Employment Agreement (Aflac Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company 3PEA and the Investor.
Appears in 9 contracts
Samples: Convertible Promissory Note Purchase Agreement (3pea International, Inc.), Convertible Promissory Note Purchase Agreement (3pea Technologies Inc.), Convertible Promissory Note Purchase Agreement (3pea Technologies Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorPurchaser.
Appears in 8 contracts
Samples: Stock Purchase Agreement (SHENZHEN INFINOVA LTD), Stock Purchase Agreement (CBC America Corp), Stock Purchase Agreement (Gilax, Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorInvestors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each of the Parties hereto.
Appears in 7 contracts
Samples: Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorRequired Holders.
Appears in 7 contracts
Samples: Registration Rights Agreement (Redfin Corp), Registration Rights Agreement (Hancock Jaffe Laboratories, Inc.), Registration Rights Agreement (FirstService Corp)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 7 contracts
Samples: Subscription Agreement, Adoption Agreement (Arrowhead Research Corp), Subscription Agreement (Arrowhead Research Corp)
Amendments and Waivers. Any term The provisions of this Agreement may be amended at any time and the observance of any term from time to time, and particular provisions of this Agreement may be waived (either generally or in a particular instance modified, with and either retroactively or prospectively), only with the written an agreement or consent of in writing signed by the Company and the Investor.
Appears in 7 contracts
Samples: Nominating Agreement (Sagimet Biosciences Inc.), Nominating Agreement (TScan Therapeutics, Inc.), Nominating Agreement (Sagimet Biosciences Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorInvestor holding a majority in interest of the aggregate principal amount of the Note. Any amendment or waiver effected in accordance with this Section shall be binding upon each of Investor and the Company.
Appears in 6 contracts
Samples: Note Purchase Agreement (Tree Roots Entertainment Group Co LTD), Note Purchase Agreement (Tree Roots Entertainment Group Co LTD), Note Purchase Agreement (Tree Roots Entertainment Group Co LTD)
Amendments and Waivers. Any term of this This Agreement may be amended and the observance of any term of this Agreement provision hereof may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company Investor and the InvestorCompany.
Appears in 6 contracts
Samples: Purchase Agreement (OptimumBank Holdings, Inc.), Purchase Agreement (OptimumBank Holdings, Inc.), Purchase Agreement (OptimumBank Holdings, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company and (ii) Investors holding a majority of the Investorprincipal amount of all outstanding Notes.
Appears in 6 contracts
Samples: Note and Warrant Purchase Agreement (PepperBall Technologies, Inc.), Securities Purchase Agreement (PepperBall Technologies, Inc.), Securities Purchase Agreement (Security With Advanced Technology, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorSubscriber.
Appears in 6 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Sellers and the InvestorBuyer.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Amalgamated Technologies Inc), Stock Purchase Agreement (Trinad Capital L.P.), Stock Purchase Agreement (Trinad Capital L.P.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorInvestors.
Appears in 6 contracts
Samples: Series B Preferred Stock Purchase Agreement (Pricesmart Inc), Preferred Stock Purchase Agreement (Pricesmart Inc), Common Stock Purchase Agreement (Pricesmart Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 5 contracts
Samples: Investor Rights Agreement (Medsonix Inc), Stock Purchase Agreement (Rushmore Financial Group Inc), Stock Purchase Agreement (Fonix Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Sellers and the InvestorPurchaser.
Appears in 5 contracts
Samples: Stock Purchase Agreement (McNaughton Kenneth Charles), Stock Purchase Agreement (Ovsenek Joseph John), Stock Purchase Agreement (Ovsenek Joseph John)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of both the Company and the InvestorPurchaser.
Appears in 5 contracts
Samples: Common Stock and Warrant (Mannkind Corp), Common Stock Purchase Agreement (Mannkind Corp), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively prospectively or prospectivelyretroactively), only with the written consent of the Company and the InvestorHolder.
Appears in 5 contracts
Samples: Security Agreement (Itec Environmental Group Inc), Loan Agreement (Itec Environmental Group Inc), Security Agreement (Itec Environmental Group Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Partnership and the Investor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon Investor and the Partnership.
Appears in 5 contracts
Samples: Exchange Agreement (Greystone Housing Impact Investors LP), Exchange Agreement (Greystone Housing Impact Investors LP), Exchange Agreement (Greystone Housing Impact Investors LP)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorholders of a majority of the then-outstanding aggregate Shares (the “Required Purchasers”).
Appears in 5 contracts
Samples: Securities Purchase Agreement (Jiuzi Holdings, Inc.), Securities Purchase Agreement (Santo Mining Corp.), Securities Purchase Agreement (Lone Star Gold, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Company, the Investor and the InvestorParent.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Zoom Video Communications, Inc.), Common Stock Purchase Agreement (SVMK Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor (other than the waiver of any condition set forth in Section 5, which may be waived in the sole discretion of the Investor, and other than the waiver of any condition set forth in Section 6, which may be waived in the sole discretion of the Company).
Appears in 5 contracts
Samples: Stock Purchase Agreement (SGX Pharmaceuticals, Inc.), Stock Purchase Agreement (Momenta Pharmaceuticals Inc), Securities Purchase Agreement (Cell Therapeutics Inc)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Stockholder and the InvestorCompany.
Appears in 4 contracts
Samples: Stock Repurchase Agreement (RPX Corp), Stock Repurchase Agreement (RPX Corp), Stock Repurchase Agreement (RPX Corp)
Amendments and Waivers. Any term of this Agreement may be amended or modified and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and (a) in the Investorcase of any such action prior to the Closing, the Purchasers; and (b) in the case of any other such action, a Majority in Interest.
Appears in 4 contracts
Samples: Term Loan Agreement, Preferred Stock Purchase Agreement (Nationsrent Inc), Registration Rights Agreement (United Rentals Inc /De)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended or terminated and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only ) with the written consent of the Company and the Investor.
Appears in 4 contracts
Samples: Investor Rights Agreement (Navisite Inc), Investor Rights Agreement (Altavista Co), Investor Rights Agreement (Altavista Co)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorInvestors.
Appears in 4 contracts
Samples: Transaction Agreement (Timco Aviation Services Inc), Transaction Agreement (Harber Lacy J), Transaction Agreement (Owl Creek I Lp)
Amendments and Waivers. Any Except as otherwise expressly set forth in this Agreement, any term of this Agreement may be amended or terminated and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorPurchaser.
Appears in 4 contracts
Samples: Subscription, Sale and Purchase Agreement (NxStage Medical, Inc.), Stock Purchase Agreement (Aspect Medical Systems Inc), Stock Purchase Agreement (Aspect Medical Systems Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investoreach Purchaser to be bound by such amendment or waiver.
Appears in 4 contracts
Samples: Purchase Agreement (Hearusa Inc), Purchase Agreement (Hearusa Inc), Purchase Agreement (Ophthalmic Imaging Systems)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and each of the InvestorInvestors. Any term of this Agreement may be waived only with the written consent of the Party against whom such waiver is effective.
Appears in 4 contracts
Samples: Share Subscription Agreement (Sunlands Online Education Group), Share Subscription Agreement (Sunlands Online Education Group), Supplementary Agreement (Sunlands Online Education Group)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of each of the parties hereto; provided, however, that no consent of the Company and shall be effective unless approved by a majority of the Investordisinterested members of its Board of Directors.
Appears in 4 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Tilly's, Inc.), Indemnification Agreement (LINC Logistics Co)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in on a particular instance and either retroactively or prospectively), only with the written consent of the Company company and the InvestorHolder.
Appears in 4 contracts
Samples: Single Touch Systems Inc, Single Touch Systems Inc, Single Touch Systems Inc
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorPurchasers.
Appears in 4 contracts
Samples: Subsidiary Put Option Agreement (Southern Bella Inc), Agreement (United Energy Corp /Nv/), Agreement (United Energy Corp /Nv/)
Amendments and Waivers. Any term of this Agreement may be ------------------------ amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and a majority-in- interest of the InvestorInvestors.
Appears in 4 contracts
Samples: Shareholders Agreement (Inventa Technologies Inc), Management Rights Agreement (Inventa Technologies Inc), Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc)
Amendments and Waivers. Any term The provisions of this Agreement may be amended at any time and the observance of any term from time to time, and particular provisions of this Agreement may be waived (either generally or in a particular instance modified, with and either retroactively or prospectively), only with the written an agreement or consent of in writing signed by the Company and the InvestorInvestors.
Appears in 4 contracts
Samples: Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively prospectively or prospectivelyretroactively), only with the written consent of the Company and a majority in interest of the InvestorInvestors.
Appears in 4 contracts
Samples: Subscription Agreement (Better Biodiesel, Inc), Subscription Agreement (Better Biodiesel, Inc), Shareholders' Agreement (Sonus Communication Holdings Inc)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorholders of a majority of the then outstanding shares of the Company's capital stock that is not owned by Xxxxxxx.
Appears in 4 contracts
Samples: Restricted Stock Agreement (Daou Systems Inc), Restricted Stock Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller, Buyer and the InvestorEscrow Agent.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Favo Realty, Inc), Stock Purchase Agreement (Med Spa Vacations Inc.), Stock Purchase Agreement (Med Spa Vacations Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Investor and the InvestorCompany.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Hyperion Partners Ii Lp), Stock Purchase Agreement (Hyperion Partners Ii Lp), Stock Purchase Agreement (Transworld Home Healthcare Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either wither retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Ontro Inc), Stock Purchase Agreement (Ontro Inc), Stock Purchase Agreement (Ontro Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be amended, terminated or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and and/or the InvestorPurchaser, as the case may be.
Appears in 4 contracts
Samples: Convertible Preferred Stock Subscription Agreement (IMH Financial Corp), Senior Perpetual Preferred Stock Subscription Agreement (IMH Financial Corp), Convertible Preferred Stock Subscription Agreement (IMH Financial Corp)
Amendments and Waivers. Any Except as specified in this Section 11.9, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.
Appears in 4 contracts
Samples: Investor Rights Agreement (Cytel Corp/De), Stock Purchase Agreement (Monsanto Co), Stock Purchase Agreement (Cytel Corp/De)
Amendments and Waivers. Any term of this Agreement may be amended or modified and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorPurchaser.
Appears in 3 contracts
Samples: Registration Rights Agreement (INNOVATE Corp.), Investment Agreement (Hc2 Holdings, Inc.), Preferred Stock Purchase Agreement (Mobile America Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorHolders holding a majority of the Registrable Securities.
Appears in 3 contracts
Samples: Registration Rights Agreement (Digital Generation Systems Inc), Registration Rights Agreement (Arbor Software Corp), Registration Rights Agreement (Purchasepro Com Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively)waived, only with upon the written consent of the Company and Consultant. Any amendment or waiver effected in accordance with this Section shall be binding upon the InvestorCompany and Consultant.
Appears in 3 contracts
Samples: Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively prospectively or prospectivelyretroactively), only with the written consent of the Company and a majority in interest of the InvestorSubscriber.
Appears in 3 contracts
Samples: Subscription Agreement (Legend Oil & Gas, Ltd.), Subscription Agreement (Legend Oil & Gas, Ltd.), Subscription Agreement (Legend Oil & Gas, Ltd.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorInventor.
Appears in 3 contracts
Samples: Technology Purchase Agreement (Eurotech LTD), Technology Purchase Agreement (Eurotech LTD), Technology Purchase Agreement (Eurotech LTD)
Amendments and Waivers. Any term of this Agreement may be amended or modified and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investora Majority in Interest.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Magellan Health Services Inc), Stock Purchase Agreement (Magellan Health Services Inc), Stock Purchase Agreement (Magellan Health Services Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either whether retroactively or prospectively), only with the written consent of the Company Ontro, IHI and the InvestorShareholder.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ontro Inc), Exchange Agreement (Ontro Inc), Stock Purchase Agreement (Ontro Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorundersigned.
Appears in 3 contracts
Samples: Loan and Security Agreement (Tangoe Inc), Loan and Security Agreement (Tangoe Inc), Loan and Security Agreement (Tangoe Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and Investor. Any amendment or waiver effected in accordance with this paragraph shall be binding on the InvestorCompany, Investor and their respective controlled Affiliates.
Appears in 3 contracts
Samples: Stock Purchase Agreement (KalVista Pharmaceuticals, Inc.), Securities Purchase Agreement (Sap Se), Securities Purchase Agreement (Castlight Health, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor. Any amendment or waiver effected in accordance with this paragraph shall be binding on the Investor and the Company.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Atrix Laboratories Inc), Stock Purchase Agreement (Atrix Laboratories Inc), Stock Purchase Agreement (Atrix Laboratories Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon the parties hereto and their respective successors and permitted assigns.
Appears in 3 contracts
Samples: Securities Purchase Agreement (National Art Exchange, Inc.), Stock Purchase Agreement (China Commercial Credit Inc), Stock Purchase Agreement (Arotech Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorBuyer.
Appears in 3 contracts
Samples: Agreement for the Purchase of Common Stock (BestGofer Inc.), Agreement for the Purchase of Common Stock (BestGofer Inc.), Agreement for the Purchase of Common Stock (Apex 10 Inc.)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this the Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Crossworlds Software Inc), Stock Purchase Agreement (Crossworlds Software Inc), Stock Purchase Agreement (Crossworlds Software Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorHolder, or successor and assignee as provided under this Agreement.
Appears in 3 contracts
Samples: Warrant Repurchase Agreement (Toughbuilt Industries, Inc), Exchange Agreement (NextPlay Technologies Inc.), Exchange Agreement (Toughbuilt Industries, Inc)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorHolders holding a majority of the Registrable Securities.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ginsburg Scott K), Registration Rights Agreement (Ginsburg Scott K), Registration Rights Agreement (Digital Generation Systems Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor. Any amendment or waiver effected in accordance with this Section 11 shall be binding upon the Company and the Investor.
Appears in 3 contracts
Samples: Agreement (Riviera Holdings Corp), Agreement (Riviera Holdings Corp), Agreement (Plainfield Asset Management LLC)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorStockholders holding a majority of the Registrable Shares held by the Stockholders.
Appears in 3 contracts
Samples: Registration Rights Agreement (Inet Technologies Inc), Registration Rights Agreement (Inet Technologies Inc), Registration Rights Agreement (Inet Technologies Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement (including, without limitation, Section 3) may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorStockholder.
Appears in 3 contracts
Samples: Rights Agreement (Little Switzerland Inc/De), 'S Rights Agreement (Jewelcor Management Inc), Rights Agreement (Jewelcor Management Inc)
Amendments and Waivers. Any term of this This Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Centerspan Communications Corp), 6 Stock Purchase Agreement (Centerspan Communications Corp), Common Stock Purchase Agreement (Centerspan Communications Corp)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorholders of a majority-in-interest of the Shares.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Shareholders Agreement (Inventa Technologies Inc), Stock Purchase Agreement (Inventa Technologies Inc)
Amendments and Waivers. Any term of this Agreement may be amended ------------------------ and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorBuyer.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Amalgamated Technologies Inc), Stock Purchase Agreement (Amalgamated Technologies Inc), Stock Purchase Agreement (Amalgamated Technologies Inc)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of Elegance, the Company and the InvestorSeller.
Appears in 3 contracts
Samples: Termination Agreement (Elegance Brands, Inc.), Termination Agreement (Elegance Brands, Inc.), Termination Agreement (Elegance Brands, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the InvestorCompany.
Appears in 3 contracts
Samples: Share Purchase Agreement (Aspen Insurance Holdings LTD), Share Purchase Agreement (Aspen Insurance Holdings LTD), Share Purchase Agreement (Aspen Insurance Holdings LTD)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of each of (i) the Company Company, (ii) the Founder, and (iii) the Investor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon the Parties and their respective successors and assigns.
Appears in 3 contracts
Samples: Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Sale Agreement (Nobao Renewable Energy Holdings LTD), Sale Agreement (Nobao Renewable Energy Holdings LTD)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of each of (i) the Company Company, (ii) the Founders, and (iii) the InvestorInvestors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each of the Parties.
Appears in 3 contracts
Samples: Share Purchase Agreement (Momo Inc.), Share Purchase Agreement (Momo Inc.), Share Purchase Agreement (Momo Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorLaurus.
Appears in 3 contracts
Samples: Securities Exchange Agreement (Jmar Technologies Inc), Agreement (Jmar Technologies Inc), Securities Purchase Agreement (Jmar Technologies Inc)
Amendments and Waivers. Any term of this Agreement may be amended only with the written consent of each of (i) the Company, (ii) the Founders, and (iii) the Investors. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only ) by any Party against whom the waiver is sought to be enforced in writing. Any amendment or waiver effected in accordance with the written consent this paragraph shall be binding upon each of the Company and the InvestorParties.
Appears in 3 contracts
Samples: Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.)
Amendments and Waivers. Any Except as otherwise expressly set forth in this Agreement, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only ) with the written consent of the Company as to any provision that is for the benefit of the Company and by the InvestorPurchasers.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investor.
Appears in 3 contracts
Samples: Rights Agreement (Motorola Inc), Rights Agreement (Motorola Inc), Rights Agreement (Netspeak Corp)
Amendments and Waivers. Any term of this Agreement may be amended or terminated and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only ) with the written consent of the Company and the InvestorPurchasers.
Appears in 3 contracts
Samples: Note Purchase Agreement (Cmgi Inc), Security Agreement (Navisite Inc), Rights Agreement (Navisite Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorRequired Purchasers. The Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company shall have obtained the written consent to such amendment, action or omission to act, of the Required Purchasers.
Appears in 3 contracts
Samples: Registration Rights Agreement (Overland Storage Inc), Subordination Agreement (Overland Storage Inc), Registration Rights Agreement (Overland Storage Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorShareholders holding a majority of the Registrable Securities.
Appears in 3 contracts
Samples: Registration Rights Agreement (Avant Corp), Registration Rights Agreement (McAfee Associates Inc), Registration Rights Agreement (Avant Corp)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Buyer, the Company and the InvestorSeller.
Appears in 2 contracts
Samples: Share Purchase Agreement (Elegance Brands, Inc.), Share Purchase Agreement (Elegance Brands, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of all parties hereto; provided, however that with respect to any Holder, the Company and consent of the InvestorInvestor shall be sufficient to bind such Holder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Vari L Co Inc), Resale Registration Rights Agreement (Sirenza Microdevices Inc)
Amendments and Waivers. Any term of this Agreement may be amended amended, modified or terminated and the observance of any term of this Agreement may be waived (either generally or in a particular instance instance, and either retroactively or prospectively), ) only with the written consent of the Company and the Investor.Purchaser;
Appears in 2 contracts
Samples: Purchaser’s Rights Agreement (Med-X, Inc.), Purchaser’s Rights Agreement (Med-X, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Seller and the Investor.
Appears in 2 contracts
Samples: Purchase Agreement (Railtex Inc), Purchase Agreement (Railtex Inc)
Amendments and Waivers. Any Except as otherwise expressly set forth in this Agreement, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorInvestors.
Appears in 2 contracts
Samples: Note and Common Stock Purchase Agreement (Nutrastar International Inc.), Note and Common Stock Purchase Agreement (Nutrastar International Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Purchaser, the Company and the Investor.TC Group, L.L.C.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Insight Health Services Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorSubscriber.
Appears in 2 contracts
Samples: Subscription Agreement (Assure Holdings Corp.), Subscription Agreement (Solitario Zinc Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement hereof may be waived (either prospectively or retroactively and either generally or in a particular instance and either retroactively or prospectively), instance) only with the written consent of the Company and the Investor.
Appears in 2 contracts
Samples: Share Purchase Agreement (Maris Tech Ltd.), Share Purchase Agreement (Maris Tech Ltd.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Stockholder, the Company and the InvestorBBI.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Captech Financial Group, Inc), Stock Purchase Agreement (Captech Financial Group, Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be amended, terminated or waived (either prospectively or retroactively and either generally or in a particular instance and either retroactively or prospectively), instance) only with the written consent of the Company Seller and the InvestorPurchaser.
Appears in 2 contracts
Samples: Share Purchase Agreement (Elbit Imaging LTD), Share Purchase Agreement (Elbit Imaging LTD)
