Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 34 contracts
Samples: Registration Rights Agreement (I2 Telecom International Inc), Registration Rights Agreement (I2 Telecom International Inc), Registration Rights Agreement (I2 Telecom International Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fiftyseventy-one five percent (5175%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 7 contracts
Samples: Registration Rights Agreement (Tullys Coffee Corp), Registration Rights Agreement (Tullys Coffee Corp), Registration Rights Agreement (Tullys Coffee Corp)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one fifty percent (5150%) of the Registrable Securities Shares and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Combichem Inc), Series D Preferred Stock Purchase Agreement (Combichem Inc), Investors' Rights Agreement (Calico Commerce Inc/)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofhereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 4 contracts
Samples: Merger Agreement (World Access Inc), Registration Rights Agreement (United Auto Group Inc), Registration Rights Agreement (United Auto Group Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) a majority of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Sirf Technology Holdings Inc), Investors' Rights Agreement (Virologic Inc), Investors' Rights Agreement (Critical Path Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofhereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company PURCHASER and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 3 contracts
Samples: Merger Agreement (Verso Technologies Inc), Merger Agreement (Brainworks Ventures Inc), Registration Rights Agreement (Brainworks Ventures Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties hereto with regard respect to the subject hereof. Neither this Agreement nor any term terms hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) a majority of the Registrable Securities outstanding as of such time and the Issuer and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 3 contracts
Samples: Registration Rights Agreement (Appaloosa Management Lp), Registration Rights Agreement (Conseco Inc), Registration Rights Agreement (Conseco Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fiftysixty-one six percent (5166%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Pacific Gateway Properties Inc), Registration Rights Agreement (Gem Value Fund Lp /Il)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) all of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holderssuch holders, but in no event shall the obligation of any Holder such holder hereunder be materially increased, increased except upon the written consent of such Holderholder.
Appears in 2 contracts
Samples: Investor Agreement (MRV Communications Inc), Registration Rights Agreement (Colorado Wyoming Reserve Co)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofhereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 2 contracts
Samples: Merger Agreement (Contour Medical Inc), Merger Agreement (Lochridge Scott F)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofhereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, or any right or benefit materially decreased, except upon the written consent of such Holder.
Appears in 2 contracts
Samples: Merger Agreement (Grace Development Inc), Stock Exchange Agreement (Grace Development Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofmatter hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) a majority of the Registrable Securities and any Securities. Any such amendment, waiver, discharge or termination shall be binding on all the Holdersholders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 2 contracts
Samples: Credit Agreement (Earth Biofuels Inc), Credit Agreement (Earth Biofuels Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes and the other Transaction Documents constitute the full and entire understanding and agreement between the parties with regard to the subject hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Registration Rights Agreement (I2 Telecom International Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto, if any) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) 80% of the then outstanding Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be the materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Registration Rights Agreement (Quietpower Systems Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the ----------------------------------- full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) all of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holderssuch holders, but in no event shall the obligation of any Holder such holder hereunder be materially increased, except upon the written consent of such Holderholder.
Appears in 1 contract
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of Owners representing at least fiftyseventy-one five percent (5175%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the HoldersOwners, but in no event shall the obligation of any Holder Owner hereunder be materially increased, except upon the written consent of such HolderOwner.
Appears in 1 contract
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject subjects hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company Company, the Common Shareholders and the Holders holders of at least fifty-one fifty percent (5150%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Convertible Preferred Stock Registration Rights Agreement (High Speed Access Corp)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the ----------------------------------- full and entire understanding and agreement between the parties with regard to the subject subjects hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) a majority of the Registrable Securities Shares and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Investors' Rights Agreement (Hiway Technologies Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofmatter hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) a majority of the Registrable Securities Securities, and any such amendment, waiver, discharge or termination shall will be binding on all the Holdersholders, but in no event shall will the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Registration Rights Agreement (Regado Biosciences Inc)
Entire Agreement; Amendment; Waiver. This Agreement (including any Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders of at least fifty-one percent (51%) a majority of the outstanding Registrable Securities Securities, and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company Purchaser and the Holders of at least fifty-one percent (51%) of the Registrable Securities then outstanding and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Registration Rights Agreement (Verso Technologies Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company Buyer and the Holders of at least fifty-one percent (51%) of the Registrable Securities then outstanding and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Registration Rights Agreement (Verso Technologies Inc)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one ninety percent (5190%) of the Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument assignment signed by the Company and the Holders holders of at least fifty-one fifty percent (5150%) of the Registrable Securities Shares and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Entire Agreement; Amendment; Waiver. This Agreement (including the Exhibits hereto) constitutes the full and entire understanding and agreement between the parties with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders of at least fifty-one percent (51%) a majority of the Registrable Securities Shares and any such amendment, waiver, discharge or termination shall be binding on all the Holders, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Exchange and Combination Agreement (Miller Exploration Co)
Entire Agreement; Amendment; Waiver. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject hereofsubjects hereof and thereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Company and the Holders holders in interest of at least fiftysixty-one six and two-thirds percent (5166 _%) of the then Registrable Securities and any such amendment, waiver, discharge or termination shall be binding on all the HoldersHolders and other parties hereto and beneficiaries hereof, but in no event shall the obligation of any Holder hereunder be materially increased, except upon the written consent of such Holder.
Appears in 1 contract
Samples: Investor's Rights Agreement (Ridgewood Power Growth Fund /Nj)