Common use of No Waivers; Amendments Clause in Contracts

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder of any Bridge Note affected thereby, an amendment or waiver may not (a) reduce the aggregate principal amount of Bridge Note whose holders must consent to an amendment or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Note. In determining whether the holders of the requisite principal amount of Bridge Note have concurred in any direction, consent, or waiver as provided in any Transaction Agreement, Bridge Note which are owned by the Company or any other obligor on or guarantor of the Bridge Note, or by any Person Controlling, Controlled by, or under common Control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates otherwise than solely in their capacities as holders of Bridge Note shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder of any Bridge Note affected thereby, an amendment or waiver may not (a) reduce the aggregate principal amount of Bridge Note whose holders must consent to an amendment or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Note. In determining whether the holders of the requisite principal amount of Bridge Note have concurred in any direction, consent, or waiver as provided in any Transaction Agreement, Bridge Note which are owned by the Company or any other obligor on or guarantor of the Bridge Note, or by any Person Controlling, Controlled by, or under common Control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates otherwise than solely in their capacities as holders of Bridge Note shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (aA) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (bB) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority HoldersCompany; provided, that without the consent of each holder of any Bridge Note Purchaser affected thereby, an amendment or waiver may not (a) reduce restrict or limit such Purchaser's rights under the aggregate principal amount Certificates of Bridge Note whose holders must consent to an amendment or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge NoteDesignation. In determining whether the requisite number of holders of the requisite principal amount of Bridge Note Shares have concurred in any direction, consent, or waiver as provided in any Transaction Agreement, Bridge Note Shares which are owned by the Company or any other obligor on or guarantor of the Bridge NoteShares, or by any Person Controlling, Controlled by, or under common Common Control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser Purchasers and their affiliates Affiliates otherwise than solely in their capacities as holders of Bridge Note Shares shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) a No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. (b) b Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder Holder of any Bridge Note affected thereby, an amendment amendment, supplement or waiver may not (a) reduce the aggregate principal amount of Bridge Note Notes whose holders Holders must consent to an amendment amendment, supplement or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Notethe Notes. In determining whether the holders Holders of the requisite principal amount of Bridge Note Notes have concurred in any direction, consent, or waiver as provided in any Transaction Agreementthis Agreement or in the Notes, Bridge Note Notes which are owned by the Company or any other obligor on or guarantor of the Bridge NoteNotes, or or, except for DLJSC and its Affiliates by any Person Controllingcontrolling, Controlled controlled by, or under common Control control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further provided, further, that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates its Affiliates otherwise than solely in their capacities as holders Holders of Bridge Note Notes shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder of any Bridge Secured Note affected thereby, an amendment or waiver may not (a) reduce the aggregate principal amount of Bridge Secured Note whose holders must consent to an amendment or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Secured Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Secured Note or (d) make any Bridge Secured Note payable in money or property other than as stated in such Bridge Secured Note. In determining whether the holders of the requisite principal amount of Bridge Secured Note have concurred in any direction, consent, or waiver as provided in any Transaction Agreement, Bridge Secured Note which are owned by the Company or any other obligor on or guarantor of the Bridge Secured Note, or by any Person Controlling, Controlled by, or under common Control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates otherwise than solely in their capacities as holders of Bridge Secured Note shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendmentagreement, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder Holder of any Bridge Note affected thereby, an amendment amendment, supplement or waiver may not (a) reduce the aggregate principal amount of Bridge Note Notes whose holders Holders must consent to an amendment amendment, supplement or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or alter the redemption provisions with respect thereto or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Notethe Notes. In determining whether the holders Holders of the requisite principal amount of Bridge Note Notes have concurred in any direction, consent, or waiver as provided in any Transaction Agreementthis Agreement or in the Notes, Bridge Note Notes which are owned by the Company or any other obligor on or guarantor of the Bridge NoteNotes, or or, by any Person Controllingcontrolling, Controlled controlled by, or under common Control control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates its Affiliates otherwise than solely in their capacities as holders Holders of Bridge Note Notes shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; provided, that without the consent of each holder of any Bridge Note affected thereby, an amendment or waiver may not (a) reduce the aggregate principal amount of Bridge Note whose holders must consent to an amendment or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Note. In determining whether the holders of the requisite principal amount of Bridge Note have concurred in any direction, consent, or waiver as provided in any Transaction Agreement, Bridge Note which are owned by the Company or any other obligor on or guarantor of the Bridge Note, or by any Person Controlling, Controlled by, or under common Control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further that no such amendment, supplement or waiver which affects the rights of the Purchaser and their affiliates otherwise than solely in their capacities as holders of Bridge Note shall be effective with respect to them without their prior written consent.

No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. (b) Any provision of this Agreement may be amended, supplemented or waived if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Holders; providedPROVIDED, that without the consent of each holder Holder of any Bridge Note affected thereby, an amendment amendment, supplement or waiver may not (a) reduce the aggregate principal amount of Bridge Note Notes whose holders Holders must consent to an amendment amendment, supplement or waiver, (b) reduce the rate or extend the time for payment of interest on any Bridge Note, (c) reduce the principal amount of or extend the stated maturity of any Bridge Note or (d) make any Bridge Note payable in money or property other than as stated in such Bridge Notethe Notes. In determining whether the holders Holders of the requisite principal amount of Bridge Note Notes have concurred in any direction, consent, or waiver as provided in any Transaction Agreementthis Agreement or in the Notes, Bridge Note Notes which are owned by the Company or any other obligor on or guarantor of the Bridge NoteNotes, or or, except for DLJSC and its Affiliates by any Person Controllingcontrolling, Controlled controlled by, or under common Control control with any of the foregoing, shall be disregarded and deemed not to be outstanding for the purpose of any such determination; and provided further PROVIDED, FURTHER, that no such amendment, supplement or waiver which affects the rights of the Purchaser Purchasers and their affiliates its Affiliates otherwise than solely in their capacities as holders Holders of Bridge Note Notes shall be effective with respect to them without their prior written consent.