MODIFICATION; AMENDMENT; TERMINATION Clause Samples
MODIFICATION; AMENDMENT; TERMINATION. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the Purchaser.
MODIFICATION; AMENDMENT; TERMINATION. (a) This Agreement may not be modified or amended except pursuant to an instrument in writing signed by all of the parties hereto; provided, however, that only the Company and the Investors (or their successors in interest, as the case may be) shall be required to sign any amendment or modification with respect to the representations or covenants contained in ▇▇▇▇▇▇▇▇ ▇, ▇, ▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇.
(▇) At any time after July 2, 2002 if the Closing has not occurred on or before such date, this Agreement may be terminated by any one or more Investors, beneficially owning (in the aggregate) more than 33 1/3% of the Preferred Securities, at the option of such Investor or Investors upon written notice to the Company.
MODIFICATION; AMENDMENT; TERMINATION. (a) This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the Purchasers.
(b) This Agreement may be terminated as to any Purchaser, at the option of such Purchaser upon written notice to the Company, and as to all of the Purchasers, at the option of the Company upon written notice to the Purchasers, at any time after September 30, 2008 (the “Termination Date”) but prior to the Closing Date if the Closing has not occurred on or before the Termination Date (so long as the failure of the Closing to occur by the Termination Date is not due to such terminating Purchaser’s or, if the Company is terminating, the Company’s breach of its representations, warranties or covenants herein). Sections 4.5 and 6 through 15 shall survive termination of this Agreement.
MODIFICATION; AMENDMENT; TERMINATION. (a) This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the Purchasers;
(b) This Agreement may be terminated as to any Purchaser, at the option of such Purchaser upon written notice to the Company, at any time after July 2, 2002 if the Closing has not occurred on or before such date.