Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor any of the provisions hereof waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased Units; provided, however, that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 2 contracts
Samples: Common Unit Purchase Agreement (Dj Orthopedics Capital Corp), Preferred Unit Purchase Agreement (Donjoy LLC)
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased UnitsRequisite Senior Holders; provided, however, PROVIDED HOWEVER that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Hanger Orthopedic Group Inc)
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased UnitsRequisite Purchasers; provided, however, provided however that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Huntsman Packaging of Canada LLC)
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased UnitsRequisite Purchasers; provided, however, provided however that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Seattle Genetics Inc /Wa)
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased Preferred Units; provided, however, provided however that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased UnitsRequisite Senior Holders; provided, however, PROVIDED HOWEVER that any such amendment, modification or waiver that would adversely affect the rights hereunder of any PurchaserInvestor, in its capacity as a PurchaserInvestor, without similarly affecting the rights hereunder of all PurchasersInvestors, in their capacities as PurchasersInvestors, shall not be effective as to such Purchaser Investor without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Samples: Investor Rights Agreement (Hanger Orthopedic Group Inc)
Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the holders of a majority of the Purchased UnitsRequisite Senior Holders; provided, however, provided however that any such amendment, modification or waiver that would adversely affect the rights hereunder of any Purchaser, in its capacity as a Purchaser, without similarly affecting the rights hereunder of all Purchasers, in their capacities as Purchasers, shall not be effective as to such Purchaser without its prior written consent. No waiver by any party shall operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Chase Venture Capital Associates L P)