Common use of Consent to Amendments; Waivers Clause in Contracts

Consent to Amendments; Waivers. Except as otherwise expressly ------------------------------ provided herein, any provision of this Agreement may be amended or waived 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 written consent or waiver of the holders of a majority of the outstanding Preferred Stock; provided that if there is no Preferred Stock outstanding, any -------- ---- provision of this Agreement may be amended or waived and the Company may take any action herein prohibited, only if the Company has obtained the written consent or waiver of the holders of a majority of the Underlying Common Stock. No other course of dealing between the Company and the holder of any Preferred Stock, Warrant or Underlying Common Stock or any delay in exercising any rights hereunder or under the Articles of Organization or Certificate of Designation shall operate as a waiver of any rights of any such holders. For purposes of this Agreement, shares of Preferred Stock or Underlying Common Stock held by the Company or any Subsidiaries shall not be deemed to be outstanding. If the Company pays any consideration to any holder of Preferred Stock or Underlying Common Stock for such holder's consent to any amendment, modification or waiver hereunder, the Company shall also pay each other holder granting its consent hereunder equivalent consideration computed on a pro rata basis.

Consent to Amendments; Waivers. Except as otherwise expressly ------------------------------ provided herein, any provision of this Agreement may be amended or waived 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 written consent or waiver of the holders of a majority of the outstanding Preferred Stock; provided that if there is no Preferred Stock outstanding, any -------- ---- provision of this Agreement may be amended or waived and the Company may take any action herein prohibited, only if the Company has obtained the written consent or waiver of the holders of a majority of the Underlying Common Stock. No other course of dealing between the Company and the holder of any Preferred Stock, Warrant Stock or Underlying Common Stock or any delay in exercising any rights hereunder or under the Articles of Organization or Certificate of Designation shall operate as a waiver of any rights of any such holders. For purposes of this Agreement, shares of Preferred Stock or Underlying Common Stock held by the Company or any Subsidiaries shall not be deemed to be outstanding. If the Company pays any consideration to any holder of Preferred Stock or Underlying Common Stock for such holder's consent to any amendment, modification or waiver hereunder, the Company shall also pay each other holder granting its consent hereunder equivalent consideration computed on a pro rata basis.

Consent to Amendments; Waivers. Except as otherwise expressly ------------------------------ provided herein, any provision the provisions of this Agreement may be amended or waived and the Company Corporation may take any action herein prohibited, or omit to perform any act herein required to be performed by it, if and only if the Company Corporation has obtained the written consent or waiver of the holders Holders of a majority of the Warrants outstanding Preferred Stockand the Holders of the Notes representing a majority of the principal balance of such Notes; provided that if there is are no Preferred Stock Warrants and Notes outstanding, any -------- ---- provision the provisions of this Agreement may be amended or waived and the Company Corporation may take any action herein prohibited, if and only if the Company Corporation has obtained the written consent or waiver of the holders Holders of a majority of the Underlying Common Stock. No other course of dealing between the Company Corporation and the holder Holder of any Preferred StockWarrants, Warrant the Notes or Underlying any Common Stock or any delay in exercising any rights hereunder or under the Articles of Organization or Certificate of Designation shall Incorporation will operate as a waiver of any rights of any such holdersHolders. For purposes of this Agreement, shares of Preferred Stock Warrants or Underlying Common Stock held by the Company or any Subsidiaries shall Corporation will not be deemed to be outstanding. If the Company Corporation pays any consideration to any holder Holder of Preferred Stock Warrants, the Notes or Underlying Common Stock for such holderHolder's consent to any amendment, modification or waiver hereunderwaiver, the Company Corporation shall also pay each other holder Holder granting its consent hereunder equivalent consideration computed on a pro rata basis.

Consent to Amendments; Waivers. Except as otherwise expressly ------------------------------ provided herein, any provision of this This Agreement may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act or covenant herein required to be performed by it, only if the Company has shall have obtained the written consent to such amendment, action or waiver omission to act, of the holders of a majority of the outstanding Preferred Stock; provided that if there is no Preferred Stock Notes at the time outstanding, any -------- ---- provision of this Agreement may be amended or waived and the Company holders of the Notes at the time or thereafter outstanding shall be bound by any consent authorized by this paragraph 14C, whether or not such Security shall have been marked to indicate such consent, but any Security issued thereafter may take bear a notation referring to any action herein prohibited, only if the Company has obtained such consent; PROVIDED that without the written consent or waiver of the holders of a majority of the Underlying Common Stockholders of the Notes at the time outstanding, no amendment to this Agreement shall change the maturity of any Note, or reduce the rate or time of payment of interest payable with respect to any Note, or affect the time, amount or allocation of any prepayments, or reduce the proportion of the principal amount of the Notes required with respect to any consent. No other course of dealing between the Company and the holder of any Preferred Stock, Warrant or Underlying Common Stock or Purchasers nor any delay in exercising any rights hereunder or under the Articles of Organization or Certificate of Designation any Security shall operate as a waiver of any rights of any such holdersthe Purchasers thereunder. For purposes of As used herein and in the Securities, the term "this Agreement, shares of Preferred Stock " and references thereto shall mean this Agreement as it may from time to time be amended or Underlying Common Stock held by the Company or any Subsidiaries shall not be deemed to be outstanding. If the Company pays any consideration to any holder of Preferred Stock or Underlying Common Stock for such holder's consent to any amendment, modification or waiver hereunder, the Company shall also pay each other holder granting its consent hereunder equivalent consideration computed on a pro rata basissupplemented.