Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company, (b) the holders of a majority of the shares of Common Stock issuable or issued upon conversion of the shares of Preferred Stock held by the Investors (voting as a single class and on an as-converted basis) and (c) for so long as a majority of the Notes issued under the NPA as of the date hereof remain outstanding (“Initial Closing Notes”), the holders of a majority of the aggregate outstanding principal under the Initial Closing Notes. Notwithstanding the foregoing:
Appears in 11 contracts
Samples: Voting Agreement (Lewis & Clark Ventures I, LP), Adoption Agreement (Sagrera Ricardo A.), Adoption Agreement (Continental Grain Co)