Common use of Waiver; Amendment; Termination Clause in Contracts

Waiver; Amendment; Termination. (a) Subject to Section 3.03(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 of Directors and Stockholders holding at least a majority of all Shares (as determined on a Common Equivalents and Fully-Diluted basis), held by the parties hereto at the time of such 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. (b) In addition, any amendment, waiver or modification of any provision of this Agreement that would materially and adversely affect any Stockholder in a manner that is disparate from the manner in which it affects other Stockholders may be effected only with the consent of the Stockholder so affected.

Waiver; Amendment; Termination. (a) Subject to Section 3.03(b‎Section 7.03(b), no provision of this Agreement may be amended, waived or otherwise modified except by an instrument in writing executed by (i) the Company with approval Company, (ii) the Shareholders holding not less than two-thirds of the Board voting power of Directors the Ordinary Shares then issued and Stockholders holding at least a majority of all Shares outstanding (as determined on a Common Equivalents and Fully-Diluted basiswhich shall include Sequoia), held by and (iii) the parties hereto at the time of such proposed amendment or modificationNew Investors Holding a Majority in Interest. 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. (b) In addition, any amendment, waiver or modification of any provision of this Agreement that would materially and adversely affect any Stockholder Shareholder in a manner that is disparate from the manner in which it affects other Stockholders Shareholders may be effected only with the consent of the Stockholder Shareholder so affected.