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. (b) Any amendment or modification of any provision of this Agreement that would adversely affect FP may be effected only with the consent of FP.
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Samples: Stockholders' Agreement (Ultra Clean Holdings Inc), Stockholders' Agreement (Nptest Holding Corp), Stockholders’ Agreement (Leonid & Inna Mezhvinsky as Trustees of the Revocable Trust Agreement of Leonid Mezhvinsky & Inna Mezhvinsky, Dated April 26, 1988)
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.
(b) Any amendment or modification of any provision of this Agreement that would adversely affect FP Modular may be effected only with the consent of FPModular.
Appears in 1 contract
Samples: Shareholder Agreement (SMART Modular Technologies (DE), Inc.)