Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any This Agreement or any term or provision hereof may not be amended, changed or modified except with the written consent of this Agreement may the parties hereto. No waiver of any right hereunder shall be amended or waived if, and only if, effective unless such amendment or waiver is signed in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the such waiver is sought to be effectiveenforced.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Company and Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties each party hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived 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 all parties hereto, Buyer and the Holder or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any Subject to Applicable Law, any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoeach party, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all each of the parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoParent and SpinCo and Acquiror, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be waived or amended or waived if, and only if, such amendment or waiver is in writing and signed, in signed by each of the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoVF and Kontoor Brands, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions other than the Exchange contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Company and IASG; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (ai) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, and but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (ai) Any provision of this Agreement AGREEMENT may be amended or waived if, and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, amendment by all parties hereto, each Party or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any This Agreement or any term or provision hereof may not be amended, changed or modified except with the written consent of this Agreement may both Parties. No waiver of any right hereunder shall be amended or waived if, and only if, effective unless such amendment or waiver is signed in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party Party against whom the such waiver is sought to be effectiveenforced.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Seller and Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived 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 all parties heretothe Company, or Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; provided that any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoIntelligroup and SeraNova, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoHalliburton and KBR, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all the parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived 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 all parties heretothe Company, or Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoPurchaser and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this LLC Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Members, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Sellers and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an any amendment, by all parties heretoPurchaser and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective; provided that no such amendment or waiver by the Company shall be effective without the approval of the Supervisory Committee.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoXxxxxx Xxxxxxx and Discover, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoAnadarko and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoeach Shareholder and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, by the Escrow Agent and all parties heretoof the Escrow Parties or, or in the case of a waiver, by the party Escrow Party against whom the waiver is to be effectiveenforced.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, Buyer and Seller or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Stockholder and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective. No amendment or waiver by the Company shall be effective unless approved by a majority of the Independent Directors.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and but only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Company and Parent or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any No provision of this Agreement may be amended or waived if, and only if, unless such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoeach Investor and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Company and Stockholder, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoL Brands and VS, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Seller and Purchasers; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time, if, and only if, such the amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Company, Parent and Acquiror, or in the case of a waiver, by the party against whom the waiver is to be effective. No amendment or waiver shall be binding on the Company unless approved by the Special Committee.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoParties, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoXxxxxx Oil and Xxxxxx USA, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties hereto, the Seller and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, if and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (ai) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoFRP and Patriot, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, Seller and Buyer or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver has been approved pursuant to Section 3 (or, during the Post-Ten Year Anniversary Period, pursuant to Section 16) and is in writing and signed, in the case of an amendment, by all the parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, signed by the party against whom the waiver is to parties that would be effectiveaffected by such amendment or waiver.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoDBE and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoMRD and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoto this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective; provided that no such amendment or waiver by the Company shall be effective without the approval of a majority of the Noninvestor Directors.

Amendments; No Waivers. (a) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoeach party to this Agreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoMasco and TopBuild, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver has been approved pursuant to Section 2.02 and is in writing and signed, in the case of an amendment, by all the parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all the parties hereto, hereto or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoADS and Loyalty Ventures, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement ---------------------- may be amended or waived 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 all parties heretothe Company, or Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoFRP and Patriot, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Shareholder and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoCVS and Linens, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any Subject to applicable Law, any provision of this Agreement may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretohereto or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoAlon Energy and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoCEI and Holdings, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Investor and the Company or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, Seller and Purchaser or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoDelta Woodside, Delta Apparel and Duck Head, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoSWBI and AOUT, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretothe Company, the Sellers and Purchasers; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoValero and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any 18.2.1. Subject to Applicable Law, any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all both parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver has been approved pursuant to Section 2.1 above and is in writing and signed, in the case of an amendment, by all parties heretoeach of DelStaff, Mx. Xxxxxx (if the amendment is to Articles II or IV) and the Company, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBuyer, Parent and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoNRGY and NRGM, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretothe Stockholders, Seller and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended amended, supplemented, or waived if, and only if, such amendment amendment, supplement, or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, signed by the party against whom the waiver is to be effectiveparties.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoDBE and Rattler, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoPioneer and the Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this ---------------------- Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBCPM and the Corporation, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any Subject to Applicable Law, any provision of this Termination Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoELM and Company, or in the case of a waiver, by the party against whom the waiver is to be effective; provided that no such amendment or waiver shall be effective without the approval of a majority of the Independent Directors.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Purchaser and the Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived 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 all parties heretothe Company, Fidelity, Parent and Merger Subsidiary or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived 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 all parties heretothe Company, Aperian and Merger Sub or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time, if, and only if, such the amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Company, Parent and Acquiror or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretothe Sellers, the Company and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may ---------------------- be amended or waived if, if and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretothe Buyer, Seller and the Members, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, if and only if, if such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoboth parties, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all parties heretoMasco and TopBuild, or in the case of a waiver, by the party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by all each of the parties heretohereto or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by all parties heretoPAA and PNGS, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Amendments; No Waivers. (a) Any Subject to applicable law, any provision of this Agreement may be amended or waived at any time 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 all parties hereto, or in the case of a waiver, signed by the party against whom the waiver is to be effectiveapplicable Party or Parties.