Modification by Holders; Waiver. The Company may, with the written consent of the holders of not less than a majority in principal amount of the Notes then outstanding, modify the terms and provisions of this Note or the rights of the holders of this Note or the obligations of the Company hereunder, and the observance by the Company of any term or provision of this Note may be waived with the written consent of the holders of not less than a majority in principal amount of the Notes then outstanding. Any such modification or waiver shall apply equally to each holder of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such modification or waiver, but any Note issued thereafter shall bear a notation referring to any such modification or waiver. Promptly after obtaining the written consent of the holders as herein provided, the Company shall transmit a copy of such modification or waiver to the holders of the Notes at the time outstanding.
Appears in 6 contracts
Samples: Securities Purchase and Exchange Agreement (Aurora Electronics Inc), Aurora Electronics Inc, Select Medical Corp
Modification by Holders; Waiver. The Company may, with the written consent of the holders of not less than a majority in principal amount of the Notes then outstanding, modify the terms and provisions of this Note or the rights of the holders of this Note or the obligations of the Company hereunder, and the observance by the Company of any term or provision of this Note may be waived with the written consent of the holders of not less than a majority in principal amount of the Notes then outstanding. Any such modification or waiver shall apply equally to each holder of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note note shall have been marked to indicate such modification or waiver, but any Note issued thereafter shall bear a notation referring to any such modification or waiver. Promptly after obtaining the written consent of the holders as herein provided, the Company shall transmit a copy of such modification or waiver to the holders of the Notes at the time outstanding.
Appears in 2 contracts
Samples: Cerplex Group Inc, Aurora Electronics Inc
Modification by Holders; Waiver. The Company may, with the written consent of the holders holder of not less than a majority in principal amount of the Notes then outstandingthis Note, modify the terms and provisions of this Note or the rights of the holders holder of this Note or the obligations of the Company hereunder, and the observance by the Company of any term or provision of this Note may be waived with the written consent of the holders holder. Notwithstanding the foregoing, no amendment, modification, or waiver of not less than any provision of this Note will be valid unless the same is in a majority in principal amount writing expressly stating that the intent of the Notes then outstandingsuch writing is to amend, modify or waive a right under this Note. Any such modification or waiver shall apply equally to each holder of the Notes and shall be binding upon them, upon each future holder of any this Note and upon the Company, whether or not such Note shall have been marked to indicate such modification or waiver, but any substitute Note issued thereafter shall bear a notation referring to any such modification or waiver. Promptly after obtaining the written consent of the holders as herein provided, the Company shall transmit a copy of such modification or waiver to the holders of the Notes at the time outstanding.
Appears in 2 contracts
Samples: Nephros Inc, Wexford Capital Lp
Modification by Holders; Waiver. The Company may, with the written consent of the holders Holders of not less than a majority in principal amount of the Notes then outstanding, modify the terms and provisions of this Note or the rights of the holders of this Note Holder or the obligations of the Company hereunder, and the observance by the Company of any term or provision of this Note may be waived with the written consent of the holders Holders of not less than a majority in principal amount of the Notes then outstanding. Any such modification or waiver shall apply equally to each holder Holder of the Notes and shall be binding upon them, upon each future holder Holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such modification or waiver, but any Note issued thereafter shall bear a notation referring to any such modification or waiver. Promptly after obtaining the written consent of the holders Holders as herein provided, the Company shall transmit a copy of such modification or waiver to the holders Holders of the Notes at the time outstanding.
Appears in 2 contracts
Samples: Labone Inc/, Labone Inc/