Common use of No Waivers; Amendments Clause in Contracts

No Waivers; Amendments. 8.7.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.

No Waivers; Amendments. 8.7.1 9.7.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 9.7.2 Any provision of this Stockholders Stockholders' Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (Ai) amend the provisions of this Section 8.7.2 or 9.7.2, (Bii) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 9.7.2 or any other provision of this Stockholders Agreement, and Stockholders' Agreement or (iii) unless signed by a majority in interest of adversely affect the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunderrights granted to any specific Holder.

No Waivers; Amendments. 8.7.1 4.6.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 4.6.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 4.6.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 4.6.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.

No Waivers; Amendments. 8.7.1 8.8.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 8.8.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all Holders who then own beneficially more than 66-2/3% of the Holdersaggregate number of shares of Common Stock and 66-2/3% of the aggregate number of shares of Class A Common Stock, subject to this Agreement, amend the provisions of Section 2.1, 2.2 and (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.

No Waivers; Amendments. 8.7.1 9.7.1 No failure or delay on the part of the Company or any Holder 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 farther 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 9.7.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided provided, however, that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, 2.1 and (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 9.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to o take any action under this Section 8.7.2 9.7.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.

No Waivers; Amendments. 8.7.1 6.6.1 No failure or delay on the part of the Company or any Holder Person in exercising any right, power or remedy hereunder hereunder, except as specified in Section 2.2.3, 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 the Company or any Holder Person at law or in equity or otherwise. 8.7.2 6.6.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by or on behalf of the Company Company, RAM on behalf of the Restricted Holders and the Required Qualifying Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Qualifying Holders affected, (A) amend the provisions of this Section 8.7.2 6.6.2 or (B) change the number percentage of Qualifying Holders which shall be required for the Qualifying Holders or any of them to take any action under this Section 8.7.2 6.6.2 or any other provision of this Stockholders Agreement, and (iiiii) unless signed by a majority in interest RAM on behalf of the Restricted Holders who are not members of the HMC Groupaffected, amend Article 3, the provisions of this Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder6.6.2.

No Waivers; Amendments. 8.7.1 3.7.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 3.7.2 Any provision of this Stockholders Registration Rights Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 3.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 3.7.2 or any other provision of this Stockholders Registration Rights Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.

No Waivers; Amendments. 8.7.1 10.7.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 10.7.2 Any provision of this Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 10.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.any

No Waivers; Amendments. 8.7.1 No failure or delay on the part of the Company or any Holder 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 the Company or any Holder at law or in equity or otherwise. 8.7.2 Any provision of this Amended and Restated Stockholders Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Company and the Required Holders; provided that no such amendment or waiver shall, (i) unless signed by all of the Holders, amend the provisions of Section 2.1, (ii) unless signed by all of the Holders affected, (A) amend the provisions of this Section 8.7.2 or (B) change the number of Holders which shall be required for the Holders or any of them to take any action under this Section 8.7.2 or any other provision of this Stockholders Agreement, and (iii) unless signed by a majority in interest of the Holders who are not members of the HMC Group, amend Article 3, Section 4.1, Section 4.2 or Articles 5 or 6, or grant a waiver thereunder.this