Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and (i) Purchasers holding Warrants representing at least 80% of the number of Exercise Shares then issuable upon exercise of the Warrants sold in the Offering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a similar manner; or (ii) the Holder.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Orexigen Therapeutics, Inc.), Warrant Agreement (Acadia Pharmaceuticals Inc), Securities Purchase Agreement (Acadia Pharmaceuticals Inc)
Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Warrants representing at least 8075% of the number of Exercise Shares then issuable upon exercise of the all Warrants sold in pursuant to the OfferingPurchase Agreement, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting in a manner different than all other holders of Warrants in a similar mannerWarrants; or (ii) the Holder.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Yuma Regional Medical Center), Warrant Agreement (Palisade Bio, Inc.), Securities Purchase Agreement (Palisade Bio, Inc.)
Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and (i) Purchasers holding Warrants representing at least 8075% of the number of Exercise Shares then issuable upon exercise of the Warrants sold in the Offering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a similar manner; or (ii) the Holder.
Appears in 2 contracts
Samples: Warrant Agreement (Acadia Pharmaceuticals Inc), Securities Purchase Agreement (Acadia Pharmaceuticals Inc)
Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and (i) Purchasers holding Warrants representing at least 80% a majority of the number of Exercise Shares then issuable upon exercise of the any then unexercised Warrants sold in the Offering, provided, however, that such modification, amendment or waiver is made with respect to all unexercised Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a similar manner; or (ii) the Holder.
Appears in 2 contracts
Samples: Warrant Agreement (Columbia Laboratories Inc), Securities Purchase Agreement (Columbia Laboratories Inc)
Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Common Warrants representing at least 8075% of the number of Exercise Shares then issuable upon exercise of the all Common Warrants sold in pursuant to the OfferingPurchase Agreement, provided, however, that such modification, amendment or waiver is made with respect to all Common Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting in a manner different than all other holders of Warrants in a similar mannerCommon Warrants; or (ii) the Holder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Puissance Cross-Border Opportunities v LLC), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.)
Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and (i) Purchasers holding Warrants representing at least 80% a majority of the number of Exercise Shares then issuable upon exercise of the Warrants sold in the Offering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a similar manner; or (ii) the Holder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ARCA Biopharma, Inc.), Securities Purchase Agreement (ARCA Biopharma, Inc.)
Modifications and Waiver. This Unless otherwise provided herein, this Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and (i) Purchasers holding Warrants representing at least 80% a majority of the number of Exercise Shares then issuable upon exercise of the Warrants sold in the Offering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a similar manner; or (ii) the Holder.
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