Common use of Modification, Waiver and Meetings Clause in Contracts

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.04. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant Agreement): (A) change the Expiration Date; or (B) increase the Exercise Price or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds of the Warrants affected under this Warrant Agreement): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Owners, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicable; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant HolderHolders, any Beneficial Owner of any Global Warrant, or any applicable Participant with respect to any Global Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder Holders (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The Global the Warrant Holder Holders (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant AgreementWarrant): (A) change the Expiration Date; or (B) increase either of the Exercise Price Prices or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder Holders (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The the Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant AgreementWarrant): (A) change either of the Expiration DateDates; or (B) increase either of the Exercise Price Prices or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the this Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of:: each Warrant): (1) The the Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant Agreement):of (A) change the Expiration DateDates; or (B) increase the Exercise Price Prices or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant Agreement): (A) change the Expiration Date; or (B) increase the Exercise Price or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds of the Warrants affected under this Warrant Agreement): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Owners, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicable; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The the Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant AgreementWarrant): (A) change either of the Expiration Date; Dates; or (B) increase either of the Exercise Price Prices or decrease the Number of Warrants (except as set forth in Article 4);4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant;Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicable;number of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner Holder of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement Holders in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.046.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a6.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the this Warrant Agreement or Warrants may be waived waived, by the Global Warrant Registered Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A from time to time to accurately reflect the name and address of the Global Warrant Registered Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The Global Warrant Holder the Registered Holders (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant AgreementWarrant): (A) change the Expiration DateDates; or (B) increase the Exercise Price Prices or decrease the Number of Warrants (except as set forth in Article 45); (2) the Global Warrant Holder Registered Holders (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A I from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of:: each Warrant): (1) The the Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant Agreement):of (A) change the Expiration Date; or (B) increase the Exercise Price or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.

Modification, Waiver and Meetings. (a) This Warrant Agreement may be modified or amended by the Company and the Warrant Agent, without the consent of the Global Warrant Holder, any Beneficial Owner of any Warrant, or any applicable Participant with respect to any Warrant, for the purposes of curing any ambiguity or correcting or supplementing any defective provision contained in this Warrant Agreement or to make any other provisions in regard to matters or questions arising in this Warrant Agreement which the Company and the Warrant Agent may deem necessary or desirable; provided that such modification or amendment does not adversely affect the interests of the Global Warrant Holder or any of the Beneficial Owners under this Agreement in any material respect. As a condition precedent to the Warrant Agent’s execution of any amendment, the Company shall deliver to the Warrant Agent a certificate from an Appropriate Officer that states that the proposed amendment is in compliance with the terms of this Section 5.045.03. (b) Modifications and amendments to this Warrant Agreement or to the terms and conditions of Warrants not contemplated by Section 5.04(a5.03(a) may also be made by the Company and the Warrant Agent, and noncompliance with any provision of the Warrant Agreement or Warrants may be waived waived, by the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners holding a majority of the aggregate Number of Warrants at the time outstanding). Notwithstanding anything to the contrary herein, the Company may amend Schedule A I from time to time to accurately reflect the name and address of the Global Warrant Holder after the Closing Date without any further consent or agreement from any other Person. (c) However, no such modification, amendment or waiver may, without the written consent of: (1) The the Global Warrant Holder (pursuant to a proper vote or consent of each Beneficial Owner of Warrants under this Warrant AgreementWarrant): (A) change the Expiration Date; or (B) increase the Exercise Price or decrease the Number of Warrants (except as set forth in Article 4); (2) the Global Warrant Holder (pursuant to a proper vote or consent of the Beneficial Owners of two-thirds 66.66% of the Warrants affected under this Warrant Agreementaffected): (A) impair the right to institute suit for the enforcement of any payment or delivery with respect to the exercise and settlement of any Warrant; (B) except as otherwise expressly permitted by provisions of this Warrant Agreement concerning specified reclassifications or corporate reorganizations, impair or adversely affect the exercise rights of Beneficial Ownerswith respect to Warrants, including any change to the calculation or payment of the Full Physical Share Amount or the Net Share Amount, as applicablenumber of Common Shares received upon exercise of each Warrant; (C) reduce the percentage of Warrants outstanding necessary to modify or amend this Warrant Agreement or to waive any past default; or (D) reduce the percentage in Warrants outstanding required for any other waiver under this Warrant Agreement.