Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Stockholders’ Agreement (Leonid & Inna Mezhvinsky as Trustees of the Revocable Trust Agreement of Leonid Mezhvinsky & Inna Mezhvinsky, Dated April 26, 1988), Stockholders’ Agreement (Nptest Holding Corp), Stockholders’ Agreement (Nptest Holding Corp)
Waiver; Amendment; Termination. (a) No Subject to Section 7.03(b), no provision of this Agreement may be amended, waived or otherwise modified except by an instrument in writing executed by the Company with approval of the Board, the Principal Shareholder and the Managing Shareholder. In addition, any party may waive any provision of this Agreement with respect to itself by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Shareholders’ Agreement, Shareholders’ Agreement (Drivetime Automotive Group Inc), Shareholders’ Agreement (Drivetime Automotive Group Inc)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modificationBoard.
Appears in 4 contracts
Samples: Shareholders’ Equity Agreement (Thomas Weisel Partners Group, Inc.), Partners’ Equity Agreement (Thomas Weisel Partners Group, Inc.), ’ Equity Agreement (Thomas Weisel Partners Group, Inc.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No Subject to the provisions of Section 7.04(b), no provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders Shareholders (including FPthe Institutional Shareholders) holding at least 50% of the then outstanding Common Ordinary Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 4 contracts
Samples: Shareholders’ Agreement (SMART Modular Technologies (WWH), Inc.), Shareholders’ Agreement (SMART Modular Technologies (WWH), Inc.), Shareholders’ Agreement (SMART Modular Technologies (WWH), Inc.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders Shareholders (including FPboth Institutional Shareholders) holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 3 contracts
Samples: Shareholders' Agreement (Amis Holdings Inc), Shareholders' Agreement (Amis Holdings Inc), Shareholders' Agreement (Amis Holdings Inc)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be amended, waived or otherwise modified, except by an instrument in writing executed by the party Downstream Co with approval of the Supervisory Board and each Shareholder that is a Party at the time of that proposed amendment or modification. In addition, any Party may waive any provision of this Agreement with respect to itself by an instrument in writing executed by the Party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 2 contracts
Samples: Joinder Agreement (Cosan S.A.), Shareholders’ Agreement (Cosan Ltd.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 50% a majority of the outstanding Common Shares Registrable Securities held by the parties hereto at the time of such proposed amendment or modification.
Appears in 2 contracts
Samples: Registration Rights Agreement (Schneider National, Inc.), Registration Rights Agreement (Schneider National, Inc.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be amended, waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 50% two-thirds of the outstanding Common all Class A Shares held by the parties hereto at the time of such proposed amendment or modificationtermination. In addition, any party may waive any provision of this Agreement with respect to itself by an instrument in writing executed by the party against whom the waiver is to be effective.
Appears in 1 contract
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders Shareholders (including FPModular) holding at least 50% of the outstanding Common Ordinary Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 1 contract
Samples: Shareholders’ Agreement (SMART Modular Technologies (DE), Inc.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board Board, a Supermajority of the Qualified Sponsors and Stockholders (including FP) Shareholders holding at least 50% a majority of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 1 contract
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 5075% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 1 contract
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 50% a majority of the outstanding Common Shares Registrable Securities held by the parties hereto at the time of such proposed amendment or modification.
Appears in 1 contract
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modificationOrdinary Shares.
Appears in 1 contract
Samples: Shareholders’ Agreement (Concord Medical Services Holdings LTD)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Bank and the Holding Company with approval of the Board and Stockholders (including FP) Shareholders holding at least 5075% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modification.
Appears in 1 contract
Samples: Shareholders’ Agreement (CapStar Financial Holdings, Inc.)
Waiver; Amendment; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by (1) the Company with approval of the Board Board, (2) DLJMB, and Stockholders (including FP3) the Other Shareholders holding at least 50% of the outstanding Common Shares held by the parties hereto at the time of such proposed amendment or modificationmodification held by all Other Shareholders.
Appears in 1 contract
Samples: Shareholders' Agreement (Advanstar Communications Inc)