Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement and the Closing Securities, as applicable, may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except with respect to the Closing Securities, pursuant to a written instrument executed by the Company and the Required Holders.
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Majority Investors. The Notes, the Indenture and the Security Agreement may be modified, amended or terminated as set forth in the Indenture and the Security Agreement, respectively.
Amendments, Modifications, Terminations and Waivers. Provisions of this Agreement and the Securities may be amended, modified, terminated or waived only by the written consent of the Company and the Holders.
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement and the Closing Securities may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by both the Company and the Investors holding a majority of the shares of Common Stock issued or issuable (on an as converted basis) upon conversion of the Notes and Warrants by any Investor, for so long as any Investor continues to hold such Notes, Warrants or the underlying shares of Common Stock. The parties expressly acknowledge and agree that the representations and warranties and the covenants contained herein constitute an integral component of the transactions contemplated by the this Agreement and the Transaction Documents and the parties hereto shall be entitled to withhold their consent in their sole and absolute discretion with respect to any future requests for waivers of and/or modifications to such representations, warranties and covenants (it being understood and affirmed that it is the intent of the parties that the affirmative and negative covenants of the Company in Articles 5 and 6 shall continue to apply following the conversion of the Notes and exercise of the Warrants, for so long as any Investor continues to hold Note Shares or Warrant Shares, as the case may be).”
Amendments, Modifications, Terminations and Waivers. (a) The terms and provisions of this Agreement and the other Transaction Documents may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Majority Investor; provided, however, that no modification, amendment, termination, waiver or consent to any departure by the Company or its Subsidiaries from the provisions of the Transaction Documents shall, unless in writing and signed by all Investors being adversely affected, do any of the following: (a) except in the case of the waiver or forgiveness of the Default Rate, reduce the principal of, or interest on, any Notes, (b) except in the case of the provisions of Section 4(b) of the Notes, postpone any date fixed for any payment of principal of, or interest on, any Notes, (c) amend the definition of “Conversion Rate” or any of its component definitions, including the definition of “Conversion Price”, or (d) amend this Section 7.9, Section 12 of the Notes, Section 7.6 or 7.8 of the Security Agreement, Section 4.4 of the Guaranty or Section 11(g) of the Registration Rights Agreement; provided, further, however, that any modification, amendment, termination or waiver of the provisions of this Agreement or any other Transaction Document that would disproportionately and adversely affect the rights of any Investor or group of Investors as compared to the Majority Investor shall require the written consent of any such Investor so adversely affected. Notwithstanding the foregoing, any request for an amendment to a Note or other Transaction Document must be made to all Notes and Transaction Documents.
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement may not be modified, amended or terminated, nor any of the provisions hereof be waived, temporarily or permanently, except subject to Section 7.9 of the Note Purchase Agreement and pursuant to a written instrument executed by the Company and the Holders of not less than a majority of the then outstanding Registrable Securities; provided that any modification, amendment, termination or waiver of the provisions of this Agreement that would disproportionately and adversely affect the rights of any Holder or group of Holders as compared to any other Holder or group of Holders shall require the written consent of any such Holder so adversely affected.
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement and the Closing Securities may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by both the Company and the Investors. The parties expressly acknowledge and agree that the representations and warranties and the covenants contained herein constitute an integral component of the transactions contemplated by the this Agreement and the Transaction Documents and the parties hereto shall be entitled to withhold their consent in their sole and absolute discretion with respect to any future requests for waivers of and/or modifications to such representations, warranties and covenants (it being understood and affirmed that it is the intent of the parties that the affirmative and negative covenants of the Company in Articles 5 and 6 shall continue to apply following the conversion of the Notes and exercise of the Warrants, for so long as any Investor continues to hold Note Shares or Warrant Shares, as the case may be).
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement and the Additional Warrants, as applicable, may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Bridge Investor.
Amendments, Modifications, Terminations and Waivers. The terms and provisions of this Agreement and the Closing Securities may not be modified, amended or terminated, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by both the Company and the Investor. Oral amendments, oral waivers and purported oral terminations are void. The parties expressly acknowledge and agree that the representations and warranties and the covenants contained herein constitute an integral component of the transactions contemplated by the this Agreement and the Transaction Documents and the parties shall be entitled to withhold their consent in their sole and absolute discretion with respect to any future requests for waivers of and/or modifications to such representations, warranties and covenants (it being understood and affirmed that it is the intent of the parties that the affirmative and negative covenants of the Company in Articles 5 and 6 shall continue to apply following the conversion of the Notes and exercise of the Warrants, for so long as any Investor continues to hold Note Shares or Warrant Shares, as the case may be).
