Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 37 contracts
Samples: Senior Note Purchase Agreement (GeoVax Labs, Inc.), Oversight Agreement (Eos Petro, Inc.), Patent Purchase Agreement (Sunshine Biopharma, Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 30 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Note Purchase and Line of Credit Agreement (Sunpower Corp), Note Purchase and Line of Credit Agreement (Sunpower Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 28 contracts
Samples: Agreement and Plan of Merger (Blink Couture Inc.), Note and Loan Agreement (Spicy Pickle Franchising Inc), Convertible Promissory Note and Loan Agreement (Spicy Pickle Franchising Inc)
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 26 contracts
Samples: Common Stock Purchase Warrant (Quanterix Corp), AMEDICA Corp, AMEDICA Corp
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 25 contracts
Samples: Note Purchase and Security Agreement (STWC. Holdings, Inc.), bioAffinity Technologies, Inc., Foothills Exploration, Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor.
Appears in 21 contracts
Samples: Subordination Agreement (ImmunityBio, Inc.), Intercreditor Agreement (Anzu Special Acquisition Corp I), ImmunityBio, Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 21 contracts
Samples: Grom Social Enterprises, Inc., Form of Purchase Agreement (Visualant Inc), Form of Purchase Agreement (Visualant Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor.
Appears in 19 contracts
Samples: Lease Agreement (TVPage, Inc.), Security Agreement (Myos Rens Technology Inc.), Neuraxis, INC
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a Requisite Percentage.
Appears in 17 contracts
Samples: Registration Rights Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderLender.
Appears in 17 contracts
Samples: Asset Purchase Agreement (TransBiotec, Inc.), Convertible Promissory Note, MultiVir Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the Holder.
Appears in 9 contracts
Samples: Subordination and Intercreditor Agreement (Cherokee Inc), Agreement (Cherokee Inc), Agreement (Apex Global Brands Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 7 contracts
Samples: Xspand Products Lab, Inc., Cardtrend International Inc., Cardtrend International Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderRequired Holders.
Appears in 5 contracts
Samples: Purchase Agreement (Genius Brands International, Inc.), Colonnade Acquisition Corp., Subordination Agreement (BG Medicine, Inc.)
Waiver and Amendment. Any provision of this Note This Warrant may be amended, modified or amended or the provisions hereof waived or modified upon only with the written consent of the Company and the Holder.
Appears in 4 contracts
Samples: Novation and Amendment Agreement (MEI Pharma, Inc.), Funding Agreement (MEI Pharma, Inc.), Novation and Amendment Agreement (Infinity Pharmaceuticals, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderCompany.
Appears in 4 contracts
Samples: Landcadia Holdings, Inc., FGL Holdings, Silver Eagle Acquisition Corp.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuers and the HolderPurchaser.
Appears in 4 contracts
Samples: Note Purchase Agreement (FNDS3000 Corp), Note Purchase Agreement (FNDS3000 Corp), FNDS3000 Corp
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement, Note Purchase Agreement (Launch Media Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderPurchaser.
Appears in 3 contracts
Samples: Share Purchase Agreement (Red Cat Holdings, Inc.), Security Agreement (Red Cat Holdings, Inc.), Security Agreement (Vivus Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the HolderHolders’ Representative.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Primoris Services CORP), Primoris Services CORP, Primoris Services CORP
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent agreement of the Company and the HolderLender.
Appears in 3 contracts
Samples: Loan Agreement (Hybrid Technologies Inc.), Hybrid Technologies Inc., Hybrid Technologies Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a Majority in Interest.
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Senorx Inc), Skinvisible Inc
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified upon the written consent of the Company and the Holder.
Appears in 3 contracts
Samples: Development, License and Supply Agreement (Inspire Pharmaceuticals Inc), Security Agreement (Netiq Corp), Worldquest Networks Inc
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company Borrower and the Holder.
Appears in 3 contracts
Samples: Loan Agreement (Skye Bioscience, Inc.), Intercompany Loan Agreement, Intracompany Loan Agreement (Medium4 Com Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Borrower and the Holder.
Appears in 3 contracts
Samples: Revised Note Agreement (Benacquista Galleries Inc), Note Agreement (Benacquista Galleries Inc), Revised Note Agreement (Benacquista Galleries Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderHolder of the Note.
Appears in 3 contracts
Samples: Exclusive License Agreement (BTHC Iii Inc.), Exclusive License Agreement (BTHC Iii Inc.), Exclusive License Agreement (BTHC Iii Inc.)
Waiver and Amendment. Any No provision of this Note may be amended, waived or modified modified, except upon the written consent of the Company and the Holder.
Appears in 3 contracts
Samples: Allen Paul G, Charter Communications Inc /Mo/, Charter Communications Inc /Mo/
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the HolderPurchaser.
Appears in 3 contracts
Samples: FNDS3000 Corp, FNDS3000 Corp, FNDS3000 Corp
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderHolder of this Note.
Appears in 3 contracts
Samples: License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Adverum Biotechnologies, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder. Any amendment or waiver effected in accordance with this Section 6 shall be binding upon the Company, the Holder and each transferee of a Note.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Puredepth, Inc.), Convertible Note Purchase Agreement (Puredepth, Inc.), Convertible Note Purchase Agreement (Puredepth, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderLender.
Appears in 3 contracts
Samples: XpresSpa Group, Inc., XpresSpa Group, Inc., XpresSpa Group, Inc.
Waiver and Amendment. Any provision of this Note (including an Event of Default) may be amended, waived or modified upon only with the written consent of the Company and the Holder.
Appears in 2 contracts
Samples: www.sec.gov, Iridium Communications Inc.
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified upon the written consent of the Company and the Holderholder.
Appears in 2 contracts
Samples: Warrant (Cosi Inc), Cosi Inc
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of both the Company and the Holder.
Appears in 2 contracts
Samples: Churchill Downs Inc, Churchill Downs Inc
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified upon the written consent of the Company and the HolderInvestor. Any waiver of any provision of this Note must be in a written form duly executed by the Company or the Investor against whom such waiver is to be enforced.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified only upon the written consent of both the Company and the Holder. Any amendment or waiver effected in accordance with this Section 7 shall be binding upon the Company and the Holder of this Note.
Appears in 2 contracts
Samples: Master Loan Agreement (Splinex Technology Inc.), Bridge Loan Agreement (Splinex Technology Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Maker and the HolderPayee.
Appears in 2 contracts
Samples: Consulting Agreement (Inhibikase Therapeutics, Inc.), Restitution Agreement (Content Checked Holdings, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholder of this Note.
Appears in 2 contracts
Samples: Security Agreement (RiceBran Technologies), Security Agreement (RiceBran Technologies)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only as to the Holder of this Note upon the written consent of the Company and the Holder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Satcon Technology Corp), Note and Warrant Purchase Agreement (Satcon Technology Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and all of the HolderInvestors.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement, And Warrant Purchase Agreement (PogoTec, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of all then outstanding Notes.
Appears in 2 contracts
Samples: Avatech Solutions Inc, Avatech Solutions Inc
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor. Investor acknowledges and agrees that any provision of this Note may also be amended or waived by the written consent of the Company and the Requisite Holders as provided in Section 6.6 of the Purchase Agreement.
Appears in 2 contracts
Samples: New Jersey Mining Co, New Jersey Mining Co
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderRequisite Majority.
Appears in 2 contracts
Samples: Security Agreement (Miramar Labs, Inc.), Security Agreement (Miramar Labs, Inc.)
Waiver and Amendment. Any Subject to Section 2.05(c) of the Agreement, any provision of this Note may be amended, waived waived, or modified upon only with the written consent of the Company and the Holder.
Appears in 2 contracts
Samples: Management Agreement, Share Exchange Implementation Agreement (Playa Hotels & Resorts N.V.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderLender.
Appears in 2 contracts
Samples: American CareSource Holdings, Inc., American CareSource Holdings, Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified upon the written consent of the Company and the Holder.
Appears in 2 contracts
Samples: HyreCar Inc., Financing and Security Agreement (Echo Automotive, Inc.)
Waiver and Amendment. Any provision of this Note may only be amendedwaived, waived amended or modified upon the written consent of the Company and the HolderInvestor.
Appears in 2 contracts
Samples: Security Agreement (Ocean Thermal Energy Corp), Security Agreement (Ocean Thermal Energy Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified only upon the written consent of both the Company and the Holder, or if applicable, waived in writing by the affected party. Any amendment or waiver effected in accordance with this Section 8 shall be binding upon the Company, Holder and each transferee of this Note.
Appears in 2 contracts
Samples: Respite Agreement and Amendment of Loan Agreement (Aurelio Resource Corp), Loan Agreement (Aurelio Resource Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderregistered holder of this Note.
Appears in 2 contracts
Samples: Purchase and Subscription Agreement (Bank One Corp), Purchase and Subscription Agreement (Bank One Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Borrower and the Holder.
Appears in 1 contract
Samples: Apex Global Brands Inc.
Waiver and Amendment. Any provision of this Convertible Note may be -------------------- amended, waived or modified upon the written consent of the Company and the HolderSOFTBANK.
Appears in 1 contract
Samples: Peoplepc Inc
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of only in a writing signed by the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified upon the written consent of the Company and the HolderLender. Any waiver of any provision of this Note must be in a written form duly executed by the Company or the Lender against whom such waiver is to be enforced.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a majority in principal amount of the Notes (the “Required Holders”).
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified only upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Concentric Network Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderHolder hereof.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Third Wave Technologies Inc /Wi)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Majority Holders. Any such amendment, waiver or modification effected in accordance with this paragraph shall be binding upon the Company and each Holder, it being understood and agreed that such written consent will affect all Notes and be binding on all holders thereof regardless of whether any particular holder executed such consent.
Appears in 1 contract
Samples: CNS Response, Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived waived, modified, discharged, or modified terminated solely upon the written consent of both the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderFounder.
Appears in 1 contract
Samples: Electronic Arts Inc.
Waiver and Amendment. Any provision of this Note may only be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Confidential Release and Settlement Agreement (PotNetwork Holdings, Inc.)
Waiver and Amendment. Any provision of this Convertible Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company Issuer and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the express written consent of the Company and the HolderInvestor.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified only upon the written consent of both the Company and the Holder, or if applicable, waived in writing by the affected party. Any amendment or waiver effected in accordance with this Section 10 shall be binding upon the Company, Holder and each transferee of this Note.
Appears in 1 contract
Samples: Aurelio Resource Corp
Waiver and Amendment. Any provision of this Option Note may be amended, waived or modified only upon the written consent of the Company and the HolderVendors.
Appears in 1 contract
Samples: Share Exchange Agreement (Asia Payment Systems Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderMajority Holders.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Ascend Wellness Holdings, LLC)
Waiver and Amendment. Any provision of this Convertible Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a Super Majority in Interest.
Appears in 1 contract
Samples: Tile Shop Holdings, Inc.
Waiver and Amendment. Any provision The provisions of this Note may only be amended, waived or modified upon the written consent of the Company and the HolderPayee.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.Noteholder. (c)
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified only upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Coretec Group Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderInvestor.
Appears in 1 contract
Waiver and Amendment. Any provision The provisions of this Note may only be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Us Dry Cleaning Corp
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderHolder of the Note.
Appears in 1 contract
Samples: Conditionally Effective Warrant Cancellation Agreement (Activecare, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Maker and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this the Note may be amended, waived waived, or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Note and Warrants Agreement (5 G Wireless Communications Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderRequisite Holders.
Appears in 1 contract
Samples: Convertible Note and Warrant Purchase Agreement (Oxygen Biotherapeutics, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and Investor. Any such amendment, waiver or modification effected in accordance with this paragraph shall be binding upon the HolderCompany and Investor.
Appears in 1 contract
Samples: CNS Response, Inc.
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Maker and the HolderCompany.
Appears in 1 contract
Samples: Stock Purchase and Security Interest Agreement (Bayhill Capital Corp)
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified upon the written consent of the Company and the Holder. Any amendment or waiver effected in accordance with this Section 5 shall be binding upon the Company, the Holder and each transferee of a Note.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.Investor.
Appears in 1 contract
Samples: Intercreditor Agreement (Anzu Special Acquisition Corp I)
Waiver and Amendment. Any provision of this This Note may not be amended, waived or modified except upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Concentric Network Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified upon only by the written consent of the Company and the HolderHolders.
Appears in 1 contract
Waiver and Amendment. Any provision of this Promissory Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Grom Social Enterprises, Inc.
