Consent to Amendments and Waivers. Except as otherwise provided herein, no modification, amendment or waiver of any provision of this Agreement shall be effective against VitalStream or the holders of the Amended and Restated Notes, Conversion Preferred, New Preferred, Warrants or Underlying Common Stock unless such modification, amendment or waiver is approved in writing by (i) VitalStream, in the case of any amendment, modification or waiver affecting the rights and interests VitalStream, (ii) in the case of any amendment, modification or waiver affecting the rights and interests of the holders of the Amended and Restated Notes or Conversion Preferred, the holders of a majority of the Underlying Common Stock issuable with respect to the Amended and Restated Notes and Conversion Preferred, (iii) in the case of any amendment, modification or waiver affecting the rights and interests of the holders of the Amended and Restated Warrants and the Additional Warrants, the holders of a majority of the Underling Common Stock issuable with respect to the Amended and Restated Warrants and the Additional Warrants, (iv) in the case of any amendment, modification or waiver affecting the rights and interests of the holders of the New Preferred, the holders of a majority of the Underling Common Stock issuable with respect to the New Preferred. Notwithstanding the foregoing, without the consent of any other Person, VitalStream may restate Annex 1 and Annex 2 attached hereto to change the addresses for notice to any Person at such Person's request. No other course of dealing between VitalStream and the holder of any Preferred Shares, Amended and Restated Notes, Warrants or Underlying Common Stock or any delay in exercising any rights under this Agreement or any of the other Transaction Agreements shall operate as a waiver of any rights of any such holder. For purposes of this Agreement, Convertible Notes, Preferred Shares, Warrants or Underlying Common Stock held by VitalStream or any of the VitalStream Subsidiaries shall not be deemed to be outstanding.
Consent to Amendments and Waivers. Except as otherwise expressly provided herein, the provisions of this Agreement may be amended, and the Company or the Agent, as the case may be, may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if it has obtained the written consent of the other. No course of dealing between the Company and the Agent or any delay in exercising any rights hereunder will operate as a waiver of any rights of the Agent or the Company.
Consent to Amendments and Waivers. Except as otherwise expressly provided herein, the provisions of this Agreement may be amended and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of each of Naxos, FCPR Sofinnova Capital VI and Mitsui & Co., Ltd. (collectively, the “Majority Purchasers”). No other course of dealing between the Company and the Purchasers or any delay in exercising any rights hereunder or under the Amended and Restated Certificate of Incorporation of the Company shall operate as a waiver of any rights of any Purchaser. Any amendment or waiver effected in accordance with this Section 7.4 shall be binding upon the Company and the Purchasers, and their respective successors and assigns.
Consent to Amendments and Waivers. The provisions of this Agreement may be amended only if the Company has obtained the written consent of a majority of the Parties, provided that (a) any adjustments to the Recapitalization Documents and the Recapitalization generally resulting from the determination of the interest rate of the Senior Notes or Senior Preferred Stock or the number of shares of Units, Senior Preferred Stock or Common Stock to be issued in the Offerings will not be considered amendments, and (b) waivers, supplements and modifications with regard to the representations and warranties in this Agreement will not be considered amendments.
Consent to Amendments and Waivers. (a) Except as provided in Section 14.3(b), this Agreement and the Bridge Notes may be amended or supplemented with the consent of the Borrower, each Guarantor and the Majority Lenders and any existing default or compliance with any provision of this Agreement or the Bridge Notes may be waived with the consent of the Majority Lenders. Bridge Notes held by the Borrower or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 14.3.
(b) Notwithstanding the provisions of Section 14.3(a), without the consent of each Lender affected thereby, an amendment or waiver may not: (i) reduce the principal amount of any Loan, (ii) change the fixed maturity of any Loan, (iii) reduce the rate of or change the time for payment of interest on any Loan, (iv) waive a Default or Event of Default in the payment of principal of or premium, or interest, if any, on the Loans or an other amounts payable under any of the Loan Documents, (v) make any Loan payable in money other than that stated in the applicable Loan, (vi) make any change in the provisions of this Agreement relating to the rights of Lenders to receive (A) prepayments on, or (B) payments of principal of, or premium, fees or interest, if any, on, the Loans, (vii) make any change to the provisions of
Consent to Amendments and Waivers. Except as otherwise provided herein, no modification, amendment or waiver of any provision of this Agreement shall be effective against the Company or the holders of the Warrants or Underlying Common Stock unless such modification, amendment or waiver is approved in writing by (i) the Company and (ii) the holders of a majority of the Underlying Common Stock. Notwithstanding the foregoing, without the consent of any other Person, the Company may amend this Agreement to change the addresses for notice to any Person at such Person’s request. No other course of dealing between the Company and any holder of Warrants or Underlying Common Stock or any delay in exercising any rights, power or remedy under this Agreement or any of the other Transaction Agreements shall operate as a waiver of any rights of any such holder.
Consent to Amendments and Waivers. The provisions of this Agreement may be amended only if the Company has obtained the written consent of a majority of the Parties, provided that (a) any adjustments to the Recapitalization Documents and the Recapitalization generally resulting from the determination of the price at which the Senior Notes or Units will be sold to the public in the Offerings will not be considered amendments, and (b) waivers, supplements and modifications with regard to the representations and warranties in this Agreement will not be considered amendments.
Consent to Amendments and Waivers. (a) Subject to Section 10.14 and except as provided in Section 14.3(b), this Agreement and the Notes may be amended or supplemented with the consent of the Borrower, each Guarantor and the Majority Lenders and any existing default or compliance with any provision of this Agreement or the Notes may be waived with the consent of the Majority Lenders. Notes held by the Borrower or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 14.3.
(b) Notwithstanding the provisions of Section 14.3(a), without the consent of each Lender
Consent to Amendments and Waivers. (a) Subject to SECTION 12.13 and except as provided in SECTION 16.3(B), this Agreement may be amended or supplemented with the consent of the Borrower, each Guarantor and the Majority Lenders and any existing default or compliance with any provision of this Agreement may be waived with the consent of the Majority Lenders. Loans held by the Borrower or any of its Affiliates will not be deemed to be outstanding for purposes of this SECTION 16.3.
(b) Notwithstanding the provisions of SECTION 16.3(A), without the consent of each Lender directly affected thereby, an amendment or waiver may not: (i) reduce the principal amount of any Loan, (ii) change the fixed maturity of any Loan, (iii) reduce the rate of or change the time for payment of interest on any Loan, (iv) waive a Default or Event of Default in the payment of principal of, or premium, fees or interest, if any, on the Loans
Consent to Amendments and Waivers. (a) Except as provided in Section 14.3(b), this Agreement may be amended or supplemented with the consent of each of EEX, EEX Capital and MIStS Issuer and the Holders of at least a majority in Liquidation Preference of the Preferred Securities then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Preferred Securities), and any event of default or compliance with any provision of this Agreement or the Preferred Securities may be waived with the consent of the Holders of a majority in Liquidation Preference of the then outstanding Preferred Securities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for Preferred Securities). Preferred Stock held by EEX, EEX Capital or MIStS Issuer or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 14.3.
(b) None of the Relevant Parties shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fee or otherwise, to any Holder for or as an inducement to any consent, waiver or amendment permitted by Section 14.3(a) unless such consideration is offered to be paid or is paid to all Holders that consent, waive or agree to amend in the time frame set forth in the solicitation documents relating to such consent, waiver or agreement.
