Common use of Amendments; Waiver Clause in Contracts

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 178 contracts

Samples: Stockholder Lock Up Agreement (Thermogenesis Corp), Voting Agreement (Jekogian Iii Nickolas W), Voting Agreement (Wilshire Enterprises Inc)

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Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 104 contracts

Samples: Merger Agreement (Capital Bancorp Inc), Merger Agreement (Community Bank System, Inc.), Voting Agreement (Renovacor, Inc.)

Amendments; Waiver. This Agreement may be amended by the parties ------------------ hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 25 contracts

Samples: Stock Option Agreement (Kana Communications Inc), Agreement and Plan of Merger (Broadbase Software Inc), Merger Agreement (Kana Communications Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. Notwithstanding the foregoing, no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or future exercise of any other right hereunder.

Appears in 19 contracts

Samples: Voting Agreement (Western Asset Mortgage Capital Corp), Voting Agreement (Terra Capital Partners, LLC), Merger Agreement (Ready Capital Corp)

Amendments; Waiver. This Agreement may be amended or modified only by a written instrument signed by each of the parties hereto and the terms and conditions hereof hereto. Any party may be waived only by waive any provision of this Agreement or compliance therewith; provided that such waiver is set forth in an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving complianceto be bound thereby. Any waiver or failure to insist on strict compliance with any agreement or obligation contained herein shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 13 contracts

Samples: Working Capital Reconciliation Agreement (New 360), Working Capital Reconciliation Agreement (DG FastChannel, Inc), Contribution Agreement (Point 360)

Amendments; Waiver. This Agreement The parties may be amended amend this agreement by a written instrument signed by the parties hereto authorized representatives of both parties. No waiver under this agreement will be effective unless it is in writing and the terms and conditions hereof may be waived only signed by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf authorized representative of the party waiving compliancegranting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.

Appears in 8 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument in writing signed on behalf of the party waiving compliance.

Appears in 7 contracts

Samples: Stock Option Agreement (Inprise Corp), Stock Option Agreement (Inprise Corp), Stock Option Agreement (Cendant Corp)

Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance; provided, however, that the Company’s consent shall be required for any amendment to or waiver of Sections 2, 4, 6, 9(b), 9(c) and 12 of this Agreement.

Appears in 6 contracts

Samples: Support Agreement (Chindex International Inc), Support Agreement (Chindex International Inc), Support Agreement (Silverberg Elyse Beth)

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, hereto or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 4 contracts

Samples: Merger Agreement (Kulicke & Soffa Industries Inc), Merger Agreement (Kulicke & Soffa Industries Inc), Stock Option Agreement (Kulicke & Soffa Industries Inc)

Amendments; Waiver. This Voting Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 4 contracts

Samples: Voting Agreement (Cellegy Pharmaceuticals Inc), Voting Agreement (La Jolla Pharmaceutical Co), Voting Agreement (Cellegy Pharmaceuticals Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliancecompliance with any of the terms or conditions of this Agreement.

Appears in 4 contracts

Samples: Merger Agreement (Rofin Sinar Technologies Inc), Merger Agreement (Coherent Inc), Merger Agreement (Supertex Inc)

Amendments; Waiver. This Support Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 3 contracts

Samples: Support Agreement (Adamis Pharmaceuticals Corp), Support Agreement (Adamis Pharmaceuticals Corp), Support Agreement (Adamis Pharmaceuticals Corp)

Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 3 contracts

Samples: Voting Agreement (Stewart Brian), Voting Agreement (Francis Capital Management, LLC), Voting Agreement (Patient Safety Technologies, Inc)

Amendments; Waiver. This Agreement may be amended by the parties ----------- ------ hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 3 contracts

Samples: Stock Option Agreement (Mission Critical Software Inc), Stock Option Agreement (Microchip Technology Inc), Stock Option Agreement (Netiq Corp)

Amendments; Waiver. This Agreement may be amended by the parties hereto Parties, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties heretoParties, or, in the case of a waiver, by an instrument signed on behalf of the party Party waiving compliance.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Use of Keys Agreement

Amendments; Waiver. This Agreement may be amended by the parties ----------------------- hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 2 contracts

Samples: Parent Stock Option Agreement (Paragon Health Network Inc), Company Stock Option Agreement (Paragon Health Network Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto ------------------ and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 2 contracts

Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Verisign Inc/Ca)

Amendments; Waiver. This Agreement may be amended or waived by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 2 contracts

Samples: Stock Option Agreement (Flextronics International LTD), Stock Option Agreement (Flextronics International LTD)

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, hereto or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 2 contracts

Samples: Stock Option Agreement (Snyder Oil Corp), Stock Option Agreement (Horizon CMS Healthcare Corp)

Amendments; Waiver. This Agreement may be amended by each of the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of by each of the parties hereto, or, in the case of a waiver, . Compliance with this Agreement may be waived only by an instrument signed on behalf of the party waiving compliance. Any amendment or waiver not affected in accordance with this Section 4.3 shall be null and void.

Appears in 2 contracts

Samples: Tender and Support Agreement (Nabriva Therapeutics PLC), Tender and Support Agreement (Blackbaud Inc)

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Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. For avoidance of doubt, any waiver or amendment of this Agreement shall require the consent of the Company (acting through the Special Committee of its Board of Directors).

Appears in 2 contracts

Samples: Tender Agreement (Sl Industries Inc), Tender Agreement (Handy & Harman Ltd.)

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.. B-1-47 57

Appears in 1 contract

Samples: Merger Agreement (Firstenergy Corp)

Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.- 7 -

Appears in 1 contract

Samples: Voting Agreement (Jones Lang Lasalle Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof 'may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Amendments; Waiver. This Agreement Option may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Stock Option Agreement (Ziasun Technologies Inc)

Amendments; Waiver. This Option Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Stock Option Agreement (Splitrock Services Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto ------------------ and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument in writing signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Stock Option Agreement (Fairfield Communities Inc)

Amendments; Waiver. This Agreement may be amended by the parties Parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties Parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mocon Inc)

Amendments; Waiver. This Agreement may be amended by ------------------ the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Firstenergy Corp)

Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions or any part hereof may be ------------------ amended, modified or waived only by an instrument in writing signed on behalf of each of the by both parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Fund Accounting Agreement (Builders Proloan Fund Inc)

Amendments; Waiver. This Agreement may be amended by the parties hereto Parties and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties heretoParties, or, in the case of a waiver, by an instrument signed on behalf of the party Party waiving compliance.

Appears in 1 contract

Samples: Merger Agreement (Old Guard Group Inc)

Amendments; Waiver. This Agreement may be amended by the parties ------------------- hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

Appears in 1 contract

Samples: Stock Option Agreement (Netopia Inc)

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