Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 5 contracts
Samples: Note Purchase Agreement (Mountains West Exploration Inc), Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/), Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 7.8 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 5 contracts
Samples: Note Purchase Agreement (Oncotelic Therapeutics, Inc.), Note Purchase Agreement (Mateon Therapeutics Inc), Note Purchase Agreement (Marina Biotech, Inc.)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 9.8 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and Warrant issued to such Lender.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Viveve Medical, Inc.), Note and Warrant Purchase Agreement (Long-E International, Inc.), Note and Warrant Purchase Agreement (Yinlips Technology, Inc.)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 hereof, the Majority Note Holders holders of at least seventy-five percent (75%) in interest of the aggregate principal amount of Notes will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and Warrant issued to such Lender.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Anterios Inc), Note and Warrant Purchase Agreement (Anterios Inc), Note and Warrant Purchase Agreement (Anterios Inc)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 2.12.8 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 2 contracts
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 hereof, the Majority Note Holders holders of at least seventy-five percent (75%) in interest of the aggregate principal amount of Notes will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 2 contracts
Samples: Senior Convertible Note Purchase Agreement (Anterios Inc), Senior Convertible Note Purchase Agreement (Anterios Inc)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 7.8 hereof, the Noteholders Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and Warrant issued to such Lender.
Appears in 1 contract
Samples: Senior Secured Note and Warrant Purchase Agreement (Patient Safety Technologies, Inc)
Effect of Amendment or Waiver. Each The Lender acknowledges that by the operation of this Section 8.8 8.9 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 1 contract
Effect of Amendment or Waiver. Each Lender acknowledges that by ----------------------------- the operation of Section 8.8 hereof, 10.8 hereof a majority of the Majority Note Holders holders of the aggregate outstanding principal amount of the Notes will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such LenderAgreement.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Qualix Group Inc)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 hereofhereof and subject to the terms and conditions thereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and Warrant issued to such Lender.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (BioVex Group, Inc.)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 9.8 hereof, the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note issued to such Lender.
Appears in 1 contract
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 hereof9(f), the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and Warrant issued to such Lender.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Odyssey Marine Exploration Inc)
Effect of Amendment or Waiver. Each Except as otherwise provided in Section 7.8, each Lender acknowledges that by the operation of Section 8.8 7.8 hereof, the Majority Note Holders holders of a majority in interest of the Notes then outstanding will have the right and power to diminish or eliminate all the rights of such Lender under this Agreement and each Note issued to such LenderAgreement.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (HyperSpace Communications, Inc.)
Effect of Amendment or Waiver. Each Lender acknowledges that by the operation of Section 8.8 8.7 hereof, each of the Servicer and the Majority Note Holders will have the right and power to diminish or eliminate all rights of such Lender under this Agreement and each Note and each Warrant issued to such Lender, including but not the right to release collateral and liens associated therewith and to subordinate the Loans to any subsequent financing to the Co-Borrowers or any of them.
Appears in 1 contract
Samples: Term Note Purchase Agreement (Capital Growth Systems Inc /Fl/)