Subsections 3 Clause Samples

Subsections 3. 1 and 3.2, Section 4 and any other section of this Agreement applicable to the Major Investors (including this clause (b) of this Subsection 6.6) may not be amended, modified, terminated or waived without the written consent of the holders of at least 75% of the Registrable Securities then outstanding and held by the Major Investors; (c)
View Source
Subsections 3. 1 and 3.2, Section 4 and any other section of this Agreement applicable to the Major Investors (including this clause (b) of this Subsection 6.6) may not be amended, modified, terminated or waived without the written consent of the holders of a majority of the Registrable Securities then outstanding and held by the Major Investors, (c) Subsection 3.3 and this clause (c) of this Subsection 6.6 may not be amended, modified, terminated or waived without the written consent of either Maruho or ▇▇▇▇▇▇▇▇▇, as applicable, and (d) the last four sentences of this Subsection 6.6 and clause (c) of this Subsection 6.6 may not be amended, modified, terminated or waived without the written consent of each Major Investor. Notwithstanding the foregoing, Schedule A hereto may be amended by the Company from time to time to add transferees of any Registrable Securities in compliance with the terms of this Agreement without the consent of the other parties; and Schedule A hereto may also be amended by the Company after the date of this Agreement without the consent of the other parties to add information regarding any additional Investor who becomes a party to this Agreement in accordance with Subsection 6.9. The Company shall give prompt notice of any amendment, modification or termination hereof or waiver hereunder to any party hereto that did not consent in writing to such amendment, modification, termination, or waiver. Any amendment, modification, termination, or waiver effected in accordance with this Subsection 6.6 shall be binding on all parties hereto, regardless of whether any such party has consented thereto. No waivers of or exceptions to any term, condition, or provision of this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, condition, or provision. In the event that the rights of a Major Investor to purchase New Securities under Section 4 are waived with respect to a particular offering of New Securities without such Major Investor’s prior written consent (a “Waived Investor”) and any Major Investor that participated in waiving such rights actually purchases New Securities in such offering, then the Company shall grant, and hereby grants, each Waived Investor the right to purchase, in a subsequent closing of such issuance on the same terms and conditions, the same percentage of its full pro rata share of such New Securities as the highest percentage of any such purchasing Major Inve...
View Source

Related to Subsections 3

  • Sections 4 3.A.1 and 4.3.A.2 are hereby amended by deleting “Section 2.9.O” and inserting in place thereof “Section 2.9.P”.

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Subsection 5 below shall apply to this Subsection 3 except that in no event shall a unit employee receive the two (2) hours set forth in Subsection 3a above unless the unit employee exceeds four (4) hours of actual court time.

  • Sections 2 05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:

  • Section 3 Trustee's Good Faith Action, Expert Advice, No Bond or Surety................................... 15 Section 4. Insurance..................................................... 15