Common use of Amendments Consents Waivers Etc Clause in Contracts

Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and the Majority Holders, and the observance of any provision of this Agreement that is for the benefit of the Purchasers may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser pursuant to this Agreement may be given or taken by the written consent of the Majority Holders; provided that (i) any Person may in writing waive, as to itself only, the benefits of any provision of this Agreement; (ii) unanimous consent of all of the Purchasers shall be required to (1) waive any closing condition to this Agreement; (2) amend this Agreement, and (3) amend this Section 8(a)(ii); (iii) the Warrants may not be amended without the consent of the majority of the holders of the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may not be waived or amended without the affirmative waiver or consent of the Majority Holders. (b) No course of dealing between the Company and any Purchaser will operate as a waiver of the Company’s or any Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any Person in exercising any right, power, or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and Stockholders holding at least a majority of the Majority Holders, outstanding shares of Common Stock then held by the Stockholders and the observance of any provision of this Agreement that is for the benefit of the Purchasers Stockholders may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser Stockholders pursuant to this Agreement may be given or taken by the written consent of the Majority Holdersholders of at least a majority of the holders of the Common Stock; provided PROVIDED, HOWEVER, that (i) any Person Stockholder may in writing waive, as to itself only, the benefits (but not the obligations) of any provision of this Agreement; , (ii) unanimous any such amendment, termination, waiver, consent or approval that results in a material adverse change with respect to the rights of all of the Purchasers Prudential hereunder shall not be required to (1) waive any closing condition to this Agreement; (2) amend this Agreementeffective as against Prudential without Prudential's prior written approval, and (3) amend this Section 8(a)(ii); (iii) in the Warrants may not event that at any time while this Agreement shall be amended without the consent of the in effect, NET shall cease to own less than a majority of the holders outstanding shares of Common Stock then held by the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may Stockholders, any such amendment, termination, waiver, consent or approval that results in a material adverse change with respect to the rights of NET hereunder shall not be waived or amended effective as against NET without the affirmative waiver or consent of the Majority HoldersNET's prior written approval. (b) No course of dealing between or among any of the Company and any Purchaser will parties to this Agreement shall operate as a waiver of the Company’s or any Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will shall be valid unless in a writing signed by the waiving party. No failure or other delay by any Person in exercising any right, power, or privilege hereunder will shall be or operate as a waiver thereof, nor will shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company Company, Purchasers holding at least a majority of the outstanding shares of Series D Preferred Stock then held by Purchasers, and Existing Stockholders holding at least a majority of the Majority Holdersshares of Common Stock (on an as-converted basis) then held by Existing Stockholders (except that any amendments adversely affecting the rights of the Xxxx Parties, without similarly affecting the rights of the other Purchasers, must be approved by the Xxxx Parties holding at least a majority of the shares of Common Stock (on an as-converted basis) then held by the Xxxx Parties and any amendments adversely affecting the rights of the Tudor Parties, without similarly affecting the rights of the other Purchasers, must be approved by the Tudor Parties holding at least a majority of the shares of Common Stock on an as-converted basis) then held by the Tudor Parties); and the observance of any provision of this Agreement that is for the benefit of the Purchasers may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser Purchasers pursuant to this Agreement may be given or taken by the written consent of the Majority Holdersholders of at least a majority of the holders of Series D Preferred Stock; provided PROVIDED, HOWEVER, that (i) any Person Purchaser may in writing waive, as to itself only, the benefits of any provision of this Agreement; (ii) unanimous consent of all of the Purchasers shall be required to (1) waive any closing condition to this Agreement; (2) amend this Agreement, and (3) amend this Section 8(a)(ii); (iii) the Warrants may not be amended without the consent of the majority of the holders of the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may not be waived or amended without the affirmative waiver or consent of the Majority Holders. (b) No course of dealing between or among any of the Company and any Purchaser will parties to this Agreement shall operate as a waiver of the Company’s or any Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will shall be valid unless in a writing signed by the waiving party. No failure or other delay by any Person in exercising any right, power, or privilege hereunder will shall be or operate as a waiver thereof, nor will shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and the Majority Holders, and the observance of any provision of this Agreement that is for the benefit of the Purchasers may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser pursuant to this Agreement may be given or taken by the written consent of the Majority Holders; provided that (i) any Person may in writing waive, as to himself, herself or itself only, the benefits of any provision of this Agreement; (ii) unanimous consent of all of the Purchasers shall be required to (1) waive any closing condition to this Agreement; (2) amend this Agreement, and (3) amend this Section 8(a)(ii); 8.1(a)(ii) and (iii) the ). The Warrants may not be amended without the consent of the majority of the holders of the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may not be waived or amended without the affirmative waiver or consent of the Majority Holders. (b) No course of dealing between the Company and any Purchaser will operate as a waiver of the Company’s or any Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any Person in exercising any right, power, or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and the Majority HoldersHolders of the Units, and the observance of any provision of this Agreement that is for the benefit of the Purchasers Purchaser may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser pursuant to this Agreement may be given or taken by the written consent of the Majority Holders; provided that (i) any Person may the Purchaser may, in writing waivewriting, waive as to itself himself only, the benefits of any provision of this Agreement; (ii) unanimous consent of all of the Purchasers shall be required to (1) waive any closing condition to this Agreement; (2) amend this Agreement, and (3) amend this Section 8(a)(ii); 8.1(a)(ii) and (iii) the ). The Warrants may not be amended without the consent of the majority of the holders of the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may not be waived or amended without the affirmative waiver or consent of the Majority Holders. (b) No course of dealing between the Company and any the Purchaser will operate as a waiver of the Company’s or any the Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any Person the Purchaser or the Company in exercising any right, power, or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.