Amendments; Termination. Any provision of this Agreement may be amended if, and only if, such amendment is in writing and is signed by each party to this Agreement. This Agreement shall terminate upon the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 4 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (CardConnect Corp.), Tender and Support Agreement (CardConnect Corp.)
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any willful and material breach of any provision of this Agreement prior to such termination.
Appears in 3 contracts
Samples: Tender and Support Agreement (Textura Corp), Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Patterson David G)
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the termination or expiration of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any knowing and intentional breach of any provision of this Agreement prior to such termination.
Appears in 3 contracts
Samples: Merger Agreement (E2open Inc), Tender and Support Agreement (Insight Venture Partners IX, L.P.), Tender and Support Agreement (Insight Venture Partners IX, L.P.)
Amendments; Termination. Any provision of this Agreement may be amended if, and only if, such amendment is in writing and is signed by each party to this Agreement. This Agreement shall automatically terminate upon the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 2 contracts
Samples: Tender and Support Agreement (Gurnet Holding Co), Tender and Support Agreement (Corium International, Inc.)
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such terminationtermination or such party’s fraud.
Appears in 2 contracts
Samples: Tender and Support Agreement (MRV Communications Inc), Tender and Support Agreement
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the earlier of (i) the completion of the Closing and (ii) the termination of the Support PeriodTransaction Agreement in accordance with its terms; provided, however, provided that no termination of this Agreement Article 4 shall relieve survive any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 2 contracts
Samples: Stockholders Agreement (Diversa Corp), Stockholders Agreement (Diversa Corp)
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the termination or expiration of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 2 contracts
Samples: Tender and Support Agreement (Innoviva, Inc.), Tender and Support Agreement (Innoviva, Inc.)
Amendments; Termination. Any provision of this Agreement may be amended if, and but only if, such amendment is in writing and is signed by each party to this Agreement. This Agreement Agreement, and the obligations of Stockholder hereunder, shall terminate upon the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 2 contracts
Samples: Tender and Support Agreement (Adobe Systems Inc), Tender and Support Agreement (Tubemogul Inc)
Amendments; Termination. 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 signed, in the case of an amendment, by each party to this AgreementAgreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the earlier of the Effective Time or the termination of the Support Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.
Appears in 2 contracts
Samples: Merger Agreement (Micros Systems Inc), Merger Agreement (Micros Systems Inc)