Common use of Covenant Not to Amend Clause in Contracts

Covenant Not to Amend. The Company and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles of Organization, the Company's by-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletter), provided that any such Regulated Holder notifies the Company that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 3 contracts

Samples: Voting Agreement (Bankers Trust New York Corp), Voting Agreement (Safety 1st Inc), Voting Agreement (Bear Stearns & Co Inc /Ny/)

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Covenant Not to Amend. The Company and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles of Organization, the Company's by-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletter), provided that any such Regulated Holder Stockholder notifies the Company that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 3 contracts

Samples: Stock and Warrant Purchase Agreement (Safety 1st Inc), Voting Agreement (Bankers Trust New York Corp), Voting Agreement (Bear Stearns & Co Inc /Ny/)

Covenant Not to Amend. The Company and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles certificate of Organizationincorporation, the Company's by-laws or this Agreement if such amendment or waiver would cause Investor or any Regulated Holder of its Affiliates to have a Regulatory Problem (as defined in the Small Business Regulatory Sideletter), provided that any such Regulated Holder notifies . Investor agrees to notify the Company that as to whether or not it would have a Regulatory Problem promptly after it Investor has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Stockholders' Agreement (Bill Barrett Corp)

Covenant Not to Amend. The Company Corporation and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles Certificate of OrganizationIncorporation, the Company's by-laws or this Agreement or the Bylaws if such amendment or waiver would cause any Regulated Holder Stockholder to have a Regulatory Problem (as defined in the Small Business Sideletter)Problem, provided that any such Regulated Holder Stockholder notifies the Company Corporation that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Stockholders Agreement (Lpa Services Inc)

Covenant Not to Amend. The Company Corporation and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles of OrganizationArticles, the Company's byBy-laws or this Agreement if such amendment or waiver would cause any Regulated Holder older to have a Regulatory Problem (as defined in the Small Business Sideletter)Problem, provided that any such Regulated Holder Stockholder notifies the Company that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Stockholders' Agreement (Young America Holdings Inc)

Covenant Not to Amend. The Company and each Stockholder agree not to amend or waive the voting or other provisions of the Company's Articles Certificate of OrganizationIncorporation, the Company's by-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletter), provided that any such Regulated Holder notifies . The Investor agrees to notify the Company that as to whether or not it would have a Regulatory Problem promptly after it the Investor has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Members' Agreement (Advanced Accessory Systems LLC)

Covenant Not to Amend. The Company and each Stockholder Investor agree not to amend or waive the voting or other provisions of the Company's Articles of OrganizationIncorporation, the Company's byBy-laws Laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business SideletterSide Letter), provided that any such Regulated Holder notifies . The Investor agrees to notify the Company that as to whether or not it would have a Regulatory Problem promptly after it the Investor has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Investor Rights Agreement (Personify Inc)

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Covenant Not to Amend. The Company and each Stockholder Holder and Founder agree not to amend or waive the voting or other provisions of the Company's Articles ’s Certificate of OrganizationIncorporation, the Company's by’s By-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletterrelevant Regulatory Side Letter), provided that any such Regulated Holder notifies . Each of JX Xxxxxx SBIC and vSpring agree to notify the Company that as to whether or not it would have a Regulatory Problem promptly after it such party has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Investor Rights Agreement (Comscore, Inc.)

Covenant Not to Amend. The Company and each Stockholder Shareholder agree --------------------- not to amend or waive the voting or other provisions of the Company's Articles of OrganizationIncorporation, the Company's byBy-laws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletter)) that arises out of an increase in the voting power or control of such Regulated Holder as a result of such amendment or waiver, provided that any such Regulated Holder Shareholder notifies the Company that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Rights Agreement (Geocities)

Covenant Not to Amend. The Company and each Stockholder Purchaser agree not --------------------- to amend or waive the voting or other provisions of the Company's Articles of OrganizationIncorporation, the Company's by-laws bylaws or this Agreement if such amendment or waiver would cause any Regulated Holder to have a Regulatory Problem (as defined in the Small Business Sideletter), provided that any such Regulated Holder Purchaser notifies the Company that it would have a Regulatory Problem promptly after it has notice of such proposed amendment or waiver.

Appears in 1 contract

Samples: Investors' Rights Agreement (Cobalt Networks Inc)

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