Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the Purchasers.
Appears in 13 contracts
Samples: Share Purchase Agreement (Datatrak International Inc), Share Purchase Agreement (Datatrak International Inc), Share Purchase Agreement (Heska Corp)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the PurchasersPurchaser.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Chordiant Software Inc), Share Purchase Agreement (Exabyte Corp /De/), Share Purchase Agreement (Neorx Corp)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each the Purchasers of a majority of the PurchasersShares sold pursuant to this Agreement.
Appears in 7 contracts
Samples: Share Purchase Agreement (Auspex Systems Inc), Share Purchase Agreement (Auspex Systems Inc), Share Purchase Agreement (Lecroy Corp)
Modification; Amendment. This Agreement The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or amended except supplemented unless pursuant to an instrument in writing signed by the Company and each of the PurchasersPurchaser.
Appears in 6 contracts
Samples: License Agreement (Durect Corp), Purchase Agreement (Cerus Corp), Purchase Agreement (Cerus Corp)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each Purchasers holding at least a majority of the Securities issued and sold pursuant to this Agreement (excluding Securities that have been resold to the public or otherwise transferred by the Purchasers).
Appears in 4 contracts
Samples: Securities Purchase Agreement (Rita Medical Systems Inc), Securities Purchase Agreement (Rita Medical Systems Inc), Securities Purchase Agreement (Alpha Innotech Corp)
Modification; Amendment. This Agreement The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or amended except supplemented unless pursuant to an instrument in writing signed by the Company and each of the Purchasers.
Appears in 3 contracts
Samples: Purchase Agreement (GIF Gestao De Investimentos E Participacoes Ltda.), Purchase Agreement (Montpelier Re Holdings LTD), Purchase Agreement (WLR Recovery Associates Ii LLC)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the PurchasersPreferred Holders as to which the modification or amendment is to be enforceable and binding.
Appears in 3 contracts
Samples: Stock Exchange Agreement (Exabyte Corp /De/), Stock Exchange Agreement (Exabyte Corp /De/), Stock Exchange Agreement (Exabyte Corp /De/)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the PurchasersPurchaser.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ciphergen Biosystems Inc), Series I Preferred Stock Purchase Agreement (Exabyte Corp /De/), Stock Purchase Agreement (Vermillion, Inc.)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the Purchasers.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Virco MFG Corporation), Stock Purchase Agreement (Virco MFG Corporation)
Modification; Amendment. This The provisions of this Agreement may not be amended, modified or amended except supplemented unless pursuant to an instrument in writing signed by the Company and each of the PurchasersInvestor.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Kodiak Oil & Gas Corp), Stock Purchase Agreement (BPI Industries Inc)
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each the Purchasers of the PurchasersShares sold pursuant to this Agreement.
Appears in 1 contract
Modification; Amendment. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and each of the Purchasers; provided, however, that 75% in interest of the Purchasers may approve any modification or amendment relating to the Company's post-closing obligations hereunder.
Appears in 1 contract
Samples: Series I Preferred Stock Purchase Agreement (Exabyte Corp /De/)
Modification; Amendment. This The provisions of this Agreement may not be amended, modified or amended except supplemented unless pursuant to an instrument in writing signed by the Company and each of the PurchasersInvestor.
Appears in 1 contract
Modification; Amendment. This The provisions of this Agreement may not be amended, modified or amended except supplemented unless pursuant to an instrument in writing signed by the Company and each Investors purchasing a majority of the PurchasersShares sold hereunder.
Appears in 1 contract
Samples: Stock Purchase Agreement (Granite City Food & Brewery LTD)