Common use of Consent of Holders Clause in Contracts

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; provided, however, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite Holders"; (ii) make any change that adversely affects any Holder; or (iii) make any change in the foregoing amendment and waiver provisions. After an amendment, modification, termination or waiver under this Section 13 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 13, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; providedPROVIDED, howeverHOWEVER, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite HoldersREQUISITE HOLDERS"; (ii) make any change that adversely affects any Holder; or (iii) make any change in the foregoing amendment and waiver provisions. After an amendment, modification, termination ; or (iv) make any change to Section 9 or waiver under this Section 13 becomes effective, 15 and the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiverdefinitions relating thereto. In connection with any amendment, modification, termination or waiver under this Section 13, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered PRO RATA to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; providedPROVIDED, howeverHOWEVER, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite Holders"; (ii) make any change to the transfer provisions of Section 14 that adversely affects the ability of a Holder to make any Holdertransfer described therein; or (iii) make any change in the foregoing amendment and waiver provisions. After an amendment, modification, termination or waiver under this Section 13 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 13, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; providedPROVIDED, howeverHOWEVER, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite Holders"; (ii) make any change to the transfer provisions of Section 16 that adversely affects the ability of a Holder to make any Holder; ortransfer described therein; (iii) make any change in the foregoing amendment and waiver provisions; (iv) make any change to Section 11 hereof and the definitions relating thereto (insofar as such definitions relate to Section 11); or (v) make any change to Section 12 hereof and the definitions relating thereto (insofar as such definitions relate to Section 12). After an amendment, modification, termination or waiver under this Section 13 15 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 1315, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement (including the terms of any agreement incorporated by reference) and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; provided, however, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (iii) make any change to the definition transfer provisions of "Requisite Holders"; (ii) make any change Section 13 that adversely affects the ability of a Holder to make any Holdertransfer described therein; or (iii) make any change in the foregoing amendment and waiver provisions. After an amendment, modification, termination or waiver under this Section 13 12 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 1312, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement (including the terms of any agreement incorporated by reference) and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; providedPROVIDED, howeverHOWEVER, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite HoldersREQUISITE HOLDERS"; (ii) make any change to the transfer provisions of Section 15 that adversely affects the ability of a Holder to make any Holdertransfer described therein; or (iii) make any change in the foregoing amendment and waiver provisions. After an amendment, modification, termination or waiver under this Section 13 18 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 1318, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or ------------------ waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; provided, -------- however, that without the consent of each Holder affected, no amendment, ------- modification, termination or waiver may: (i) make any change to the definition of "Requisite Holders"; (ii) make any change to the transfer provisions of Section 15 that adversely affects the ability of a Holder to make any Holder; ortransfer described therein; (iii) make any change in the foregoing amendment and waiver provisions; or (iv) make any change to Section 11 hereof and the definitions relating thereto. After an amendment, modification, termination or waiver under this Section 13 14 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 1314, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.

Consent of Holders. No amendment, modification, termination or waiver of any provision of this Agreement and the Warrant Certificates or consent to any departure by the Company therefrom, shall in any event be effective without the written concurrence of the Requisite Holders; provided, however, that without the consent of each Holder affected, no amendment, modification, termination or waiver may: (i) make any change to the definition of "Requisite Holders"; (ii) make any change to the transfer provisions of Section 16 that adversely affects the ability of a Holder to make any Holder; ortransfer described therein; (iii) make any change in the foregoing amendment and waiver provisions; or (iv) make any change to Section 11 hereof and the definitions relating thereto (insofar as such definitions relate to Section 11). After an amendment, modification, termination or waiver under this Section 13 15 becomes effective, the Company shall mail to the Holders affected thereby a notice briefly describing such amendment, modification, termination or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, modification, termination or waiver. In connection with any amendment, modification, termination or waiver under this Section 1315, the Company may offer, but shall not be obligated to offer, to any Holder who consents to such amendment, modification, termination or waiver, consideration for such Holder's consent, so long as such consideration is offered to all Holders.