Common use of Amendments, Modification and Waiver Clause in Contracts

Amendments, Modification and Waiver. Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Board of Directors, prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company and the Buying Entities or, in the case of a waiver, by the party against whom the waiver is to be effective; provided that after the adoption of this Agreement by the stockholders of the Company, no such amendment shall be made except as allowed under applicable law.

Amendments, Modification and Waiver. Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Board of Directors, prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company Company, Buyer and the Buying Entities Newco or, in the case of a waiver, by the party against whom the waiver is to be effective; provided that after the adoption approval of this Agreement the Plan of Merger by the stockholders shareholders of the Company, no such amendment shall be made except as allowed under applicable law.