Common use of Modifications; Amendments; Waivers Clause in Contracts

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company and Investors holding at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved by such Investor in writing.

Appears in 3 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Carbylan Therapeutics, Inc.), Registration Rights Agreement (Carbylan Therapeutics, Inc.)

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Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed signed, in the case of a modification or amendment, by the Company Corporation and the Investors holding at least a majority of the outstanding Registrable Shares held at such time, or in the case of a waiver, by all Investors then outstandingthe party against whom the waiver is to be effective; provided, however, that any proposed modification, amendment or waiver that treats any uniquely and adversely affects an Investor differently than the other Investors generally must be approved by shall require such Investor in writingInvestor's prior written approval.

Appears in 3 contracts

Samples: Registration Rights Agreement (Exchange Applications Inc), Registration Rights Agreement (Insight Venture Partners Iv Lp), Securities Purchase Agreement (Exchange Applications Inc)

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Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company Corporation and Investors holding the holders of at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment to or waiver that treats modification of this Agreement which would not have an adverse affect on the rights of any Investor differently than shall not require the other Investors generally must be approved by written consent of such Investor in writingInvestor.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nbty Inc), Registration Rights Agreement (Nbty Inc)

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