Common use of Waiver; Amendment Clause in Contracts

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be be: (i1) waived by the party benefited by the provision provision, or (ii2) amended or modified at any time, by an agreement in writing among between the parties hereto approved or authorized by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Merger by the stockholders of the Company Meeting or Acquiror, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision in a writing signed by such party, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto and executed in the same manner as this Agreement, except that that, after adoption of this Agreement by the Company Meeting stockholders of the Company, no amendment shall may be made which by under applicable law requires would require further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires further approval by the shareholders of the Buyer or Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party Party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties Parties hereto executed in the same manner as this Agreement, except that after the Company Meeting a meeting of shareholders of a Party contemplated by Section 6.02, no amendment shall be made which by law requires further approval by the shareholders of the Company such Party without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived in whole or in part by the party benefited by the provision or by both parties or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which amended if it would reduce the aggregate value of the consideration to be received by law requires further the Company shareholders in the Merger without any subsequent approval by the such shareholders or be in violation of the Company without obtaining such approvalapplicable law.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i1) waived by the party benefited by the provision provision, or (ii2) amended or modified at any time, by an agreement in writing among between the parties hereto approved or authorized by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Company Meeting no amendment shall be made which by law requires further approval Merger by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision to the extent permitted by applicable law or (iib) amended or modified at any time, in either case by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Exxxx Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company Exxxx, without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision in a writing signed by such person or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto and executed in the same manner as this Agreement, except that that, after adoption of the Company Meeting Agreement by the stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived in whole or in part by the party benefited by the provision or by both parties or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which amended if it would reduce the aggregate value of the consideration to be received by law requires further the Company stockholders in the Merger without any subsequent approval by the shareholders such stockholders or be in violation of the Company without obtaining such approvalapplicable Law.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires changes in kind or reduces in amount the Merger Consideration without the further approval by the shareholders of the Company without obtaining such approvalCompany's stockholders.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after approval of the Company Meeting no amendment shall be made which by law requires further approval Merger by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective TimeTime and to the extent permitted by applicable Law, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law Law requires further approval by the shareholders of the Buyer or Company without obtaining such approval.

Waiver; Amendment. Prior to Before the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, but only in writing, or (iib) amended or modified at any time, but only by an a written agreement in writing among the parties hereto executed in the same manner as this Agreement, except that that, after adoption and approval of this Agreement by the Company Meeting shareholders of TRBI, no amendment shall be made or modification which by under applicable law requires further approval by the of such shareholders of the Company shall be effective without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the receipt of the Requisite Company Meeting Shareholder Approval, there may not be, without further approval of such shareholders of Company, no amendment shall be made which by law Law requires such further approval by the shareholders of the Company without obtaining such that approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires changes in kind or reduces in amount the Merger Consideration without the further approval by the shareholders of the Company without obtaining such approvalCompany’s stockholders.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto approved or authorized by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Company Meeting no amendment shall be made which by law requires further approval Merger by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to Before the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, but only in writing, or (iib) amended or modified at any time, but only by an a written agreement in writing among the parties hereto executed in the same manner as this Agreement, except that that, after the Company Meeting no amendment shall be made which by law requires further adoption and approval of this Agreement by the shareholders of the Company Company, no amendment or modification which under applicable law requires further approval of such shareholders shall be effective without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived in whole or in part by the party benefited by the provision or by both parties or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which amended if it would reduce the aggregate value of the consideration to be received by law requires further the Company shareholders in the Merger without any subsequent approval by the such shareholders or be in violation of the Company without obtaining such approvalapplicable Law.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting Meeting, no amendment shall be made which by law requires further approval by the shareholders of the Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto approved by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Company Meeting Merger by the stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after adoption of this Agreement by the Company Meeting stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after approval of the Company Meeting no amendment shall be made which by law requires further approval Merger by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision to the extent permitted by applicable law or (iib) amended or modified at any time, in either case by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Xxxxx Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company Xxxxx, without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this ----------------- Agreement may be (i) waived by the party Party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties Parties hereto executed in the same manner as this Agreement, except that after the Company Meeting a meeting of shareholders of a Party contemplated by Section 6.02, no amendment shall be made which by law requires further approval by the shareholders of the Company such Party without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited benefitted by the provision provision, or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which by law requires further approval amended if it would violate the UBCA or the DGCL or reduce the consideration to be received by the Company shareholders of in the Company without obtaining such approvalMerger.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision in a writing signed by such person, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto and executed in the same manner as this Agreement, except that that, after adoption of the Company Meeting Agreement by the stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited benefitted by the provision provision, or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which amended if it would violate the CBCA or reduce the consideration to be received by law requires further approval by Company stockholders in the shareholders of the Company without obtaining such approvalMerger.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Chart Meeting no amendment shall be made which by law requires changes in kind or reduces in amount the Merger Consideration without the further approval by the shareholders of the Company without obtaining such approvalChart's stockholders.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto approved by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Company Meeting Combination by the stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited benefitted by the provision provision, or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which amended if it would violate the DGCL or reduce the consideration to be received by law requires further approval by Company stockholders in the shareholders of the Company without obtaining such approvalMerger.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the Board of Directors of the party benefited benefitted by the provision provision, or (ii) amended or modified at any time, by action of the Boards of Directors of the parties pursuant to an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Alliance Meeting no amendment such action shall be made which by law requires further approval by taken to change or alter the shareholders form and the amount of the Company without obtaining such approvalMerger Consideration.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, or (iib) amended or modified at any time, time by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after adoption and approval of this Agreement by the Company Meeting stockholders of the Company, no amendment shall or modification may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Optima Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company Optima without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires changes in kind or reduces in amount the Merger Consideration without the further approval by the shareholders of the Company without obtaining such approvalstockholders.

Waiver; Amendment. Prior to the Effective Time, any provision of ----------------- this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among between the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall Meeting, this Agreement may not be made which by law requires further approval amended if it would reduce the consideration to be received by the Company shareholders in the Merger or be in violation of the Company without obtaining such approvalapplicable law.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited benefitted by the provision provision, or (iib) amended or modified modi fied at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after approval of the Company Meeting no amendment shall be made which by law requires further approval Merger by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision in a writing signed by such party, or (iib) amended or modified at any time, by an agreement in writing among between the parties hereto and executed in the same manner as this Agreement, except that after adoption of this Agreement by the Company Meeting stockholders of the Company, no amendment shall may be made which by under applicable law requires would require further approval by the shareholders of the Company such stockholders without obtaining such required further approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Seller Meeting no amendment shall be made which by law requires further to the amount or form of the Merger Consideration without the approval by of the shareholders of the Company without obtaining such approvalSeller.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting no amendment shall be made which by law requires further approval by the shareholders of the Company without obtaining such approval.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be be: (i) waived in writing by the party benefited benefitted by the provision provision; or (ii) amended or modified at any time, time (including the structure of the transaction) by an agreement in writing among between the parties hereto executed in the same manner as this Agreementapproved by their respective boards of directors, except that that, after the Company Meeting vote by the stockholders of the Company, no amendment shall may be made which by law requires further approval by the shareholders that would contravene any provision of the Company without obtaining such approvalIBCA or the rules and regulations of the OTS.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i) waived by the party benefited by the provision or (ii) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreement, except that after the Company Meeting LPB Meeting, no amendment shall be made which by law requires changes in kind or reduces in amount the Aggregate Merger Consideration without the further approval by the shareholders of the Company without obtaining such approvalLPB’s shareholders.

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, or (iib) amended or modified at any time, by an agreement in writing among the parties hereto executed in the same manner as this Agreementby both parties, except that that, after the Company Meeting no amendment shall be made which by law requires further approval of this Agreement by the shareholders of the Company Company, no amendment may be made which under applicable law requires further approval of such shareholders without obtaining such required further approval.

Waiver; Amendment. Prior to Before the Effective Time, any provision of this Agreement may be (ia) waived by the party benefited by the provision provision, but only in writing, or (iib) amended or modified at any time, but only by an a written agreement in writing among the parties hereto executed in the same manner as this Agreement, except to the extent that after the Company Meeting no any such amendment shall be made which by would violate applicable law requires further approval by or require resubmission of this Agreement to the shareholders of the Company without obtaining such approval.Company. 37

Waiver; Amendment. Prior to the Effective Time, any provision of this Agreement may be (i1) waived by the party benefited benefitted by the provision provision, or (ii2) amended or modified at any time, by an agreement in writing among between the parties hereto approved or authorized by their respective Boards of Directors and executed in the same manner as this Agreement, except that that, after approval of the Company Meeting Merger by the stockholders of the Company, no amendment shall may be made which by under applicable law requires further approval by the shareholders of the Company such stockholders without obtaining such required further approval.