Common use of Amendments; Waivers; No Additional Consideration Clause in Contracts

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by the Company and the Subscribers (or transferees of Securities) holding a majority in interest of the Preferred Stock, or upon execution hereof by Existing Investors desiring to exercise their Participation Rights. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed signed, in the case of an amendment, by the Company and the Subscribers (or transferees of Securities) Investors holding a majority in interest of the Preferred StockShares or, or upon execution hereof in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by the Company and the Subscribers (or transferees of Securities) Investors holding at least a majority in interest of the Preferred Stock, or upon execution hereof by Existing Investors desiring to exercise their Participation Rightsoutstanding aggregate principal amount of the Note. No waiver by any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by the Company and the Subscribers (or transferees of Securities) Investors holding at least a majority in interest of the Preferred Stock, or upon execution hereof by Existing Investors desiring to exercise their Participation Rightsoutstanding aggregate principal amount of the Promissory Notes. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No Subject to Section 5.5 of the Private Placement Agreement, no provision of this Agreement may be waived or amended except in a written instrument signed by the Company Company, the Parent and the Subscribers (or transferees of Securities) Shareholders holding a majority in interest of the Preferred Stock, or upon execution hereof Company Securities held by Existing Investors desiring to exercise their Participation Rightsthe Shareholders which majority must include the Lead Investor as defined in the Private Placement Agreement. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party any Party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed signed, in the case of an amendment, by the Company and the Subscribers (or transferees holders of Securities) holding a majority in interest of the Preferred StockShares sold hereunder, or upon execution hereof or, in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended at or prior to the Closing except in a written instrument signed by the Company and each Investor. No provision of this Agreement may be waived or amended after the Closing except in a written instrument signed by the Company and the Subscribers (or transferees of Securities) Investors holding a majority in interest of the Preferred Stock, or upon execution hereof by Existing Investors desiring to exercise their Participation RightsShares. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by the Company and the Subscribers Subscriber (or transferees of Securities) holding a majority in interest of the Preferred Stock, or upon execution hereof by Existing Investors desiring to exercise their Participation Rights. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed signed, in the case of an amendment, by the Company and the Subscribers (or transferees holders of Securities) holding a majority in interest of the Preferred StockShares sold hereunder which majority shall in all cases include each Qualified Purchaser, or upon execution hereof or, in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed signed, in the case of an amendment, by the Company and each Purchaser, if prior to the Subscribers (Closing Date, or transferees if after the Closing Date, the Company and the Purchasers of Securities) holding at least a majority in interest of the Preferred StockSecurities still held by Purchasers or, or upon execution hereof in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed signed, in the case of an amendment, by the Company and the Subscribers (or transferees of Securities) Purchasers holding a majority in interest of the Preferred StockPurchased Shares and Warrant Shares, or upon execution hereof in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by the Company and the Subscribers (or transferees of Securities) Investors holding a majority at least two-thirds in interest of the Preferred StockShares then outstanding or, or upon execution hereof in the case of a waiver, by Existing Investors desiring to exercise their Participation Rightsthe party against whom enforcement of any such waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.