Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser.
Appears in 74 contracts
Samples: Founders Common Stock Purchase Agreement (DeepPower, Inc.), Securities Purchase Agreement (Renewable Innovations, Inc.), Securities Purchase Agreement (Healthy Extracts Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing only upon the written consent of the Company and approved the Purchaser. Any provision of the Note may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Stemtech Corp), Securities Exchange Agreement (Cardiff Lexington Corp), Securities Purchase Agreement (Lucy Scientific Discovery, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserGuarantor.
Appears in 13 contracts
Samples: Loan Guarantee Agreement, Loan Guarantee Agreement, Loan Guarantee, Payment and Security Agreement
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserInvestor.
Appears in 11 contracts
Samples: Note Purchase Agreement (Cyclo Therapeutics, Inc.), Note Purchase Agreement (Cyclo Therapeutics, Inc.), Note Purchase Agreement (Cyclo Therapeutics, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless agreed to in writing and approved by the Company and the PurchaserLender.
Appears in 5 contracts
Samples: Loan and Warrant Purchase Agreement (Omni Bio Pharmaceutical, Inc.), Loan Agreement (Westmountain Gold, Inc.), Loan Agreement (Westmountain Gold, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserHolder.
Appears in 4 contracts
Samples: Securities Exchange and Common Stock Purchase Agreement (Freeze Tag, Inc.), Securities Exchange and Series a Preferred Stock Purchase Agreement (Freeze Tag, Inc.), Securities Exchange and Series a Preferred Stock Purchase Agreement (Freeze Tag, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and Purchaser. Any provision of the Notes may be amended or waived by the written consent of the Company and Purchaser.
Appears in 3 contracts
Samples: Note Purchase Agreement (Graybug Vision, Inc.), Note Purchase Agreement (Angion Biomedica Corp.), Note Purchase Agreement (Threshold Pharmaceuticals Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserRequired Purchasers, and then it shall be effective only in the specific instance and for the specific purpose for which it was given.
Appears in 3 contracts
Samples: Secured Note and Warrant Purchase Agreement (Mobile Reach International Inc), Secured Note and Warrant Purchase Agreement (Crystal International Travel Group, Inc.), Secured Note and Warrant Purchase Agreement (Crystal International Travel Group, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserSeller.
Appears in 3 contracts
Samples: Stock Repurchase Agreement (Improvenet Inc), Stock Repurchase Agreement (Improvenet Inc), Common Stock Repurchase Agreement (Cardiogenesis Corp /Ca)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser.
Appears in 3 contracts
Samples: Note Purchase Agreement (Oplink Communications Inc), Warrant Purchase Agreement (At Home Corp), Warrant Purchase Agreement (At Home Corp)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and Holder. Any provision of the PurchaserNotes may be amended or waived by the written consent of the Company and Holder.
Appears in 2 contracts
Samples: Royalty Payment Agreement (Legacy Education Alliance, Inc.), Royalty Payment Agreement (Priced in Corp.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company SearchCore and the Purchaser.
Appears in 2 contracts
Samples: Note Purchase Agreement (SearchCore, Inc.), Note and Stock Purchase Agreement (SearchCore, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall will be effective unless in writing and approved by the Company Purchaser and the PurchaserCompany.
Appears in 2 contracts
Samples: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (IIOT-OXYS, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserPurchaser to be bound thereby.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Photoworks Inc /Wa), Convertible Note, Warrant and Common Stock Purchase Agreement (Photoworks Inc /Wa)
Modification; Waiver. No Any modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing only upon the written consent of the Company and approved the Purchaser. Any provision of the Notes may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 2 contracts
Samples: Unsecured Promissory Note Purchase Agreement (Augusta Gold Corp.), Secured Promissory Note Purchase Agreement (Augusta Gold Corp.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser. Any such amendment or modification shall be binding on all parties hereto.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Ascent Solar Technologies, Inc.), Stock Purchase Agreement (Ascent Solar Technologies, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaserholders of at least a majority of the then outstanding Shares issued pursuant to this Agreement. Any such amendment or modification shall be binding on all parties hereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Encision Inc), Securities Purchase Agreement (Encision Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser. Any provision of the Notes may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetralogic Pharmaceuticals Corp), Note Purchase Agreement (Tetralogic Pharmaceuticals Corp)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to any departure therefrom shall be effective unless in writing and approved signed by authorized officers of the Company and the PurchaserBuyer.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and at least 50% of the PurchaserPurchasers.
Appears in 1 contract
Samples: Senior Secured Note and Warrant Purchase Agreement (Cosi Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserPurchasers.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Essex Corporation)
Modification; Waiver. No The modification or waiver of any provision of this Agreement or consent to a departure therefrom shall be effective unless in writing and approved by only upon the written consent of the Company and the PurchaserPurchasers. Any provision of the Notes may be amended or waived by the written consent of the Company and the Purchasers.
Appears in 1 contract
Samples: Convertible Secured Promissory Note Purchase Agreement (First Person Ltd.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by only upon the written consent of the Company and the PurchaserRequired Holders. Any provision of the Note may be amended or waived by the written consent of the Company and the Required Holders.
Appears in 1 contract
Samples: Securities Purchase Agreement (La Rosa Holdings Corp.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchasereach Purchaser to be bound thereby.
Appears in 1 contract
Samples: Subordinated Convertible Debenture Purchase Agreement (Photoworks Inc /Wa)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserLenders.
Appears in 1 contract
Samples: Secured Note Purchase Agreement (Hellenic Solutions Corp)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserShare Recipient.
Appears in 1 contract
Samples: Share Issuance Agreement (Franchise Holdings International, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserLender.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing only upon the written consent of the Company and approved the Purchaser. Any provision of the Note or Warrant may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 1 contract
Samples: Secured Convertible Promissory Note and Warrant Purchase Agreement (Learn SPAC HoldCo, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserShareholder.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserPurchasers.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by only upon the Company written consent of the Company, the Parent and the Purchaser.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (Trxade Group, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless agreed to in writing and approved by the Company and the Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Cyclone Uranium Corp)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company Company, Anza, and the Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Anza Capital Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser. Any provision of the Notes may be amended or waived by the written consent of the Company and Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Spark Networks PLC)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall will be effective unless in writing and approved by the Company and the each Purchaser.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser, and then it shall be effective only in the specific instance and for the specific purpose for which it was given. Any provision of this Agreement or any other Loan Document may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (WaferGen Bio-Systems, Inc.)
Modification; Waiver. No Any modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by only upon the written consent of the Company and the Purchaser. Any provision of the Notes may be amended or waived by the written consent of the Company and the Purchaser, or requisite holder.
Appears in 1 contract
Samples: Loan and Revenue Participation Agreement (Item 9 Labs Corp.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless agreed to in writing and approved by the Company and the Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Westmountain Index Advisor Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall will be effective unless in writing only upon the written consent of the Company and approved Purchaser. Any provision of the Note may be amended or waived by the written consent of the Company and the Purchaser.
Appears in 1 contract
Samples: Promissory Note Agreement
Modification; Waiver. No modification or waiver of any provision of this Agreement the Transaction Agreements or consent to departure therefrom shall be effective unless agreed to in writing and approved by the Company and the PurchaserLender.
Appears in 1 contract
Samples: Revolving Credit Facility Loan and Security Agreement (C-Bond Systems, Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and Purchaser. Any provision of the Note may be amended or waived by the written consent of the Company and Purchaser.
Appears in 1 contract
Samples: Note Purchase Agreement (Djo Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaserholders of at least a majority of the then outstanding Shares. Any such amendment or modification shall be binding on all parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ascent Solar Technologies, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and each of the PurchaserPurchasers.
Appears in 1 contract
Samples: Commitment Agreement (Cryocor Inc)
Modification; Waiver. No modification or waiver of any provision of this Note Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser.
Appears in 1 contract
Samples: Note and Stock Purchase Agreement (Enlightened Gourmet, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless agreed to in writing and approved by the Company and the Purchasereach Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Heart Test Laboratories, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserMajority Purchasers.
Appears in 1 contract
Modification; Waiver. No Any modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by only upon the written consent of the Company and the Purchaser.
Appears in 1 contract
Samples: Warrant Purchase Agreement (Rhodium Enterprises, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement Amendment or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser.
Appears in 1 contract
Samples: Amendment to Subordinated Debentures (Photoworks Inc /Wa)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the Purchaser.. 00050731.DOC
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company Borrower and the Purchaser.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Lightspan Inc)
Modification; Waiver. No Any modification or waiver of any provision of this Agreement or the Note, or consent to departure therefrom therefrom, shall be effective unless in writing and approved by only upon the written consent of the Company and the Purchaser.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (Himalaya Technologies, Inc)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company Company, the Lender and the PurchaserTrident.
Appears in 1 contract
Samples: Secured Note Purchase Agreement (China Growth CORP)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and Lender. Any provision of the PurchaserNote may be amended or waived by the written consent of the Company and Lender.
Appears in 1 contract
Samples: Note Purchase Agreement (Senseonics Holdings, Inc.)
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall will be effective unless in writing and approved by the Company and the Purchasereach Holder.
Appears in 1 contract
Modification; Waiver. No modification or waiver of any provision of this Agreement or consent to departure therefrom shall be effective unless in writing and approved by the Company and the PurchaserRAC.
Appears in 1 contract
