Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 31 contracts
Samples: Restricted Stock Unit Award Agreement (Live Oak Bancshares, Inc.), Restricted Stock Unit Award Agreement (Live Oak Bancshares, Inc.), Restricted Stock Unit Award Agreement (Live Oak Bancshares, Inc.)
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto or their successors in the Planinterest. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 16 contracts
Samples: Restricted Stock Grant Agreement (BNC Bancorp), Restricted Stock Grant Agreement (BNC Bancorp), Restricted Stock Unit Award Agreement (BNC Bancorp)
Modification of Agreement; Waiver. This Except as otherwise provided herein, this Agreement may be modified, amended, suspended, or terminated, and any terms, representations terms or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 7 contracts
Samples: Director Stock Option Agreement (Bank of the Carolinas CORP), Employee Stock Option Agreement (Bank of the Carolinas CORP), Employee Stock Option Agreement (Fountain Powerboat Industries Inc)
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 4 contracts
Samples: Nonstatutory Stock Option Agreement (Bank of Wilmington CORP), Restricted Stock Agreement (Fac Realty Trust Inc), Restricted Stock Agreement (Fac Realty Trust Inc)
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Bank of Wilmington CORP), Incentive Stock Option Agreement (First South Bancorp Inc), Incentive Stock Option Agreement (First South Bancorp Inc)
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto and only subject to the limitations set forth in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereofprovision.
Appears in 3 contracts
Samples: Stock Option Grant and Agreement (Oak Ridge Financial Services, Inc.), Stock Option Grant and Agreement (Midcarolina Financial Corp), Stock Option Grant and Agreement (Hudson James G Jr)
Modification of Agreement; Waiver. This Except as otherwise provided --------------------------------- herein, this Agreement may be modified, amended, suspended, or terminated, and any terms, representations terms or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 3 contracts
Samples: Director Stock Option Agreement (Mountainbank Financial Corp), Employee Stock Option Agreement (Mountainbank Financial Corp), Employee Stock Option Agreement (Mountainbank Financial Corp)
Modification of Agreement; Waiver. This Agreement may be modified, --------------------------------- amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto or their successors in the Planinterest. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 3 contracts
Samples: Home Savings (South Street Financial Corp), Plan and Trust Agreement (Scotland Bancorp Inc), Plan and Trust Agreement (Innes Street Financial Corp)
Modification of Agreement; Waiver. This Except as otherwise provided in this Agreement, this Agreement may be modified, amended, suspended, or terminated, and any terms, representations terms or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Planparties. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereofof this Agreement.
Appears in 2 contracts
Samples: Employee Stock Option Agreement (1st Financial Services CORP), Director Stock Option Agreement (1st Financial Services CORP)
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereofhereof .
Appears in 2 contracts
Samples: Restricted Stock Agreement (Factory Stores of America Inc), Restricted Stock Agreement (Fac Realty Trust Inc)
Modification of Agreement; Waiver. This Agreement may be modified, --------------------------------- amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto and only subject to the limitations set forth in the Plan. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereofprovision.
Appears in 1 contract
Samples: Stock Option Grant and Agreement (Coddle Creek Financial Corp)
Modification of Agreement; Waiver. This Agreement may be --------------------------------- modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto or their successors in the Planinterest. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 1 contract
Modification of Agreement; Waiver. This Agreement may be modified, amended, suspended, suspended or terminated, and any terms, representations or conditions may be waived, but only by a written instrument signed by each of the parties hereto, except as otherwise provided hereto or their successors in the Planinterest. No waiver hereunder will shall constitute a waiver with respect to any subsequent occurrence or other transaction hereunder or of any other provision hereof.
Appears in 1 contract
