Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 140 contracts
Samples: Letter Agreement (Aptose Biosciences Inc.), Purchase Agreement (Aileron Therapeutics Inc), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 110 contracts
Samples: Securities Purchase Agreement (Gritstone Bio, Inc.), Stockholders Agreement (Quantum Computing Inc.), Securities Purchase Agreement (Gritstone Oncology, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant (other than Section 1(f)) may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 51 contracts
Samples: Common Stock Purchase Agreement (Phoenix Biotech Acquisition Corp.), Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (Digital Health Acquisition Corp.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 46 contracts
Samples: These Warrants And (iPower Inc.), Asset Entities Inc., Signing Day Sports, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 35 contracts
Samples: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (iTeos Therapeutics, Inc.), Securities Purchase Agreement (Enliven Therapeutics, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders.
Appears in 20 contracts
Samples: Exercise Agreement (Gardenburger Inc), Exercise Agreement (Moore Robert W/Nv), Purchase Agreement (Sleepmaster LLC)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants and be binding upon all registered holders of such Warrants.
Appears in 20 contracts
Samples: Purchase Agreement (Sito Mobile, Ltd.), Letter Agreement (BTHC X Inc), Vivos Therapeutics, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing no less than a majority of the Warrant Shares obtainable upon exercise of the Warrants then outstanding.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Letter Agreement (Eledon Pharmaceuticals, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants outstanding and be binding upon all registered holders of such Warrants.
Appears in 16 contracts
Samples: Warrant Agent Agreement (ENDRA Life Sciences Inc.), Warrant Agent Agreement (Movano Inc.), Common Stock Purchase Warrant (Movano Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 13 contracts
Samples: www.sec.gov, Exercise Agreement (Majesco), Exercise Agreement (Sbarro Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.
Appears in 13 contracts
Samples: Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No such amendment shall be effective to the extent that it applies to less than all of the holders of the Warrants then outstanding.
Appears in 12 contracts
Samples: Financing Agreement (Alj Regional Holdings Inc), NovaBay Pharmaceuticals, Inc., NovaBay Pharmaceuticals, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holders of Warrants representing a majority of the shares of Common Stock obtainable upon exercise of the Warrants.
Appears in 12 contracts
Samples: Exercise Agreement (Majesco), Exercise Agreement (Majesco), Exercise Agreement (Majesco)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 11 contracts
Samples: Preferred Stock Purchase Agreement (Alder Biopharmaceuticals Inc), Prim Billy D, Primo Water Corp
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 10 contracts
Samples: Securities Purchase Agreement (United Shipping & Technology Inc), Securities Purchase Agreement (United Shipping & Technology Inc), Securities Purchase Agreement (United Shipping & Technology Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived only with the written consent of the Company and the Holder, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holder.
Appears in 10 contracts
Samples: Securities Exchange Agreement (Generation Hemp, Inc.), Evergreen Sustainable Enterprises, Inc., Generation Hemp, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Warrant Holder.
Appears in 9 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (HealthLynked Corp), Warrant Agreement (Redwood Scientific Technologies, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 9 contracts
Samples: NEUROONE MEDICAL TECHNOLOGIES Corp, NEUROONE MEDICAL TECHNOLOGIES Corp, Helius Medical Technologies, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholder(s) of a majority of the purchase rights represented by this Warrant.
Appears in 8 contracts
Samples: Crescent Warrant Agreement (Synagro Technologies Inc), Warrant Agreement (U S Aggregates Inc), Exercise Agreement (Zefer Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder; provided that no such action may increase the Exercise Price of this Warrant or decrease the number of shares or class of stock obtainable upon exercise of this Warrant.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Prevention Insurance Com Inc), Warrant Extension Agreement (Prevention Insurance Com Inc), Securities Purchase Agreement (Prevention Insurance Com Inc)
Amendment and Waiver. Except as otherwise expressly provided herein, the provisions of this Warrant Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 7 contracts
Samples: Ultralife Batteries Inc, Confidential Treatment (Aer Energy Resources Inc /Ga), Employment Agreement (Collegiate Pacific Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may not be modified, amended or waived except pursuant to an instrument in writing signed by the Company and the Holder. The Company may not take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained it without the written consent of the HolderHolder and the Holder may not take any action herein prohibited, or omit to perform any act herein required to be performed by it without the written consent of the Company.
Appears in 7 contracts
Samples: Registration Rights Agreement (Leap Therapeutics, Inc.), RumbleOn, Inc., RumbleOn, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 6 contracts
Samples: Warrant Agreement (SMX (Security Matters) Public LTD Co), Warrant Agreement (SMX (Security Matters) Public LTD Co), Loan Agreement (Globus Maritime LTD)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholders of the Warrants representing at least a majority of the shares of Common Stock underlying the Warrants then outstanding.
Appears in 6 contracts
Samples: Intellipharmaceutics International Inc., Intellipharmaceutics International Inc., Intellipharmaceutics International Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant.
Appears in 6 contracts
Samples: Exercise Agreement (SoftBrands, Inc.), Exercise Agreement (Abry Mezzanine Partners Lp), Exercise Agreement (SoftBrands, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderMajority Holders.
Appears in 5 contracts
Samples: Exercise Agreement (Netlist Inc), Exercise Agreement (Netlist Inc), Netlist Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants to purchase a majority of the Warrant Shares sold pursuant to the Registration Statement.
Appears in 5 contracts
Samples: Arcimoto Inc, Eastside Distilling, Inc., Altimmune, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder or its successor and assign.
Appears in 5 contracts
Samples: Exchange Agreement (Tengion Inc), Exchange Agreement (Tengion Inc), Exchange Agreement (Tengion Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 5 contracts
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc), Securities Purchase Agreement (Covol Technologies Inc), Securities Purchase Agreement (Covol Technologies Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act action herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Sierra Oncology, Inc.), Collaboration Agreement (NanoString Technologies Inc), NanoString Technologies Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority the HolderWarrant Holders.
Appears in 5 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of this Warrant.
Appears in 4 contracts
Samples: Exchange Agreement (Martin Frank A), Exchange Agreement (Woodglen Group Lp), Woodglen Group Lp
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder, and with respect to any amendment, the amendment is in writing and signed by the Company and the Holder.
Appears in 4 contracts
Samples: Assignment Form (Interactive Strength, Inc.), Assignment Form (Interactive Strength, Inc.), Assignment Form (Interactive Strength, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived amended, and the Company may take any action herein prohibited, prohibited or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 4 contracts
Samples: Exercise Agreement (Jw Charles Financial Services Inc/Fl), Exercise Agreement (Wilmington Trust Corp), Exercise Agreement (Jw Charles Financial Services Inc/Fl)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant (other than Section 1(g)) may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 4 contracts
Samples: Transgenomic Inc, Transgenomic Inc, Transgenomic Inc
Amendment and Waiver. Except as otherwise provided hereinherein or as permitted by the Warrant Agency Agreement, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder or Beneficial Owner, as applicable.
Appears in 4 contracts
Samples: Modular Medical, Inc., Modular Medical, Inc., Brickell Biotech, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained with the written consent of the Holderholder of this Warrant.
Appears in 4 contracts
Samples: Transfer and Contribution Agreement, Registration Rights Agreement (Resource America Inc), Transfer and Contribution Agreement (Resource Capital Corp.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 4 contracts
Samples: Warrant Purchase and Registration Agreement (Akorn Inc), Exercise Agreement (Akorn Inc), Omrix Biopharmaceuticals, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. 12.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Genocea Biosciences, Inc.), Subscription Agreement (Genocea Biosciences, Inc.), Genocea Biosciences, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver by the Company and the Required Holders shall be binding on the Holder of this Warrant and all holders of the Lender Warrants.
Appears in 4 contracts
Samples: Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority of the HolderWarrant Holders.
Appears in 4 contracts
Samples: Warrant Agreement, Warrant Agreement (Lovesac Co), Warrant Agreement (Lovesac Co)
Amendment and Waiver. Except as otherwise provided -------------------- herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholder(s) of a majority of the purchase rights represented by this Warrant.
Appears in 3 contracts
Samples: Exercise Agreement (Zefer Corp), Exercise Agreement (Zefer Corp), Exercise Agreement (Zefer Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderMajority Holders.
Appears in 3 contracts
Samples: Exercise Agreement (Netlist Inc), Exercise Agreement (Netlist Inc), Netlist Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of a majority of the HolderHolders.
Appears in 3 contracts
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 3 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Standstill Agreement (Clayton Williams Energy Inc /De)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Certificate may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Biotime Inc), Stock and Warrant Purchase Agreement (Biotime Inc), Placement Agent Agreement (Ym Biosciences Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, . or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 3 contracts
Samples: Assignment of Overriding Royalty Interest (Environmental Energy Services Inc), Integrated Spatial Information Solutions Inc /Co/, O2 Secure Wireless, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders.
Appears in 3 contracts
Samples: Warrant Agreement (Network Communications, Inc.), Broadbandnow Inc, Broadbandnow Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived by the Company in any manner that does not adversely affect the right of the Registered Holder. The provisions of this Warrant may also be amended and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 3 contracts
Samples: Securities Purchase Agreement (United Heritage Corp), Securities Purchase Agreement (Lothian Oil Inc), Securities Purchase Agreement (United Heritage Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived only by written agreement of the Company and the Holder, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Stock Purchase Warrant (Medicinova Inc), Stock Purchase Warrant (Medicinova Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant (other than Section 1(e)) may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Samples: Exchange Agreement (NAKED BRAND GROUP LTD), Securities Purchase Agreement
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing a majority of the Warrant Shares obtainable upon exercise of the Warrants then outstanding.
Appears in 2 contracts
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of Warrant Holders entitled to receive on exercise a majority the HolderWarrant Shares.
Appears in 2 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant (other than Section 1(f)) may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder or the beneficial owners of this Warrant. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Samples: Underwriting Agreement (Polarityte, Inc.), Warrant Agency Agreement (Polarityte, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Exchange Agreement (Altimmune, Inc.), Exchange Agreement (Altimmune, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if with, in each case, the Company has obtained the prior written consent of the HolderCompany and the Registered Holders of Warrants representing a majority of the Warrant Stock obtainable upon exercise of the Warrants.
Appears in 2 contracts
Samples: Exercise Agreement (Montrose Environmental Group, Inc.), Montrose Environmental Group, Inc.
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Heron Therapeutics, Inc. /De/), Securities Purchase Agreement (Heron Therapeutics, Inc. /De/)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holderholders of a majority of the then-outstanding Warrants. Any amendment or waiver so effected shall be binding on each existing and future holder of Warrants.
Appears in 2 contracts
Samples: Exercise Agreement (Cardinal Minerals Inc), Stock Option Agreement (Cardinal Minerals Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.
Appears in 2 contracts
Samples: Underwriting Agreement (Intellipharmaceutics International Inc.), Intellipharmaceutics International Inc.
Amendment and Waiver. Except as otherwise expressly provided herein, the provisions of this Warrant Amended and Restated Note may be amended or waived and the Company may take any action herein prohibited, ; or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 2 contracts
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (McEwen Mining Inc.), Purchase Common Stock (DE Acquisition 2, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Boulder Acquisitions Inc), Warrant Agreement (Basic Empire Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.Holders of Warrants representing no less than a majority of the Warrant Shares obtainable upon exercise of the Warrants then outstanding.
Appears in 2 contracts
Samples: Parkervision Inc, Parkervision Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrant.
Appears in 2 contracts
Samples: Gulfslope Energy, Inc., ir.gulfslope.com
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders. Any such amendment shall apply to all Warrants and be binding upon all registered holders of such Warrants.
Appears in 2 contracts
Samples: Verdant Earth Technologies LTD, Verdant Earth Technologies LTD
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Registered Holder.
Appears in 2 contracts
Samples: Interest Purchase Warrant (Plug Power Inc), Plug Power Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholders of a majority of the Registered Warrants and, so long as the Lead Investor holds any Registered Warrants, the Lead Investor .
Appears in 2 contracts
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRegistered Holders.
Appears in 2 contracts
Samples: Exercise Agreement (McCormick & Schmick Holdings, L.L.C.), Exercise Agreement (McCormick & Schmick Holdings, L.L.C.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained upon the written consent of the Company and the Holder.
Appears in 1 contract
Samples: Altair Nanotechnologies Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Note may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder hereof.
Appears in 1 contract
Samples: Ubiquiti Networks, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequisite Registered Holders.
Appears in 1 contract
Samples: Exercise Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant.
Appears in 1 contract
Samples: Best Software Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolders of Warrants representing a majority of the Class B Shares obtainable upon exercise of this Warrant.
Appears in 1 contract
Samples: Exercise Agreement (Angeles Participating Mortgage Trust)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders.Any amendment or waiver approved by the Required Holders and any other approval or consent granted by the Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 1 contract
Samples: Standstill Agreement (Clayton Williams Energy Inc /De)
Amendment and Waiver. Except as otherwise provided hereinin this Warrant, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibitedprohibited in this Warrant, or omit to perform any act herein required in this Warrant to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holders of a majority of the shares of Warrant Stock obtainable on exercise of this Warrant.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Select Comfort Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Amendment may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholders of a majority of the Warrant Shares underlying the outstanding Warrants.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided hereinherein and to the extent, and only to the extent, provided in the Warrant Agency Agreement (with respect to Book-Entry Warrants), the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 1 contract
Samples: Warrant to Purchase Common Stock (McEwen Mining Inc.)
Amendment and Waiver. Except as otherwise provided herein, -------------------- the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderRequired Holders as provided herein.
Appears in 1 contract
Samples: Delco Remy International Inc
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of the Warrant.
Appears in 1 contract
Samples: Exercise Agreement (Nephros Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, prohibited or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Holder.
Appears in 1 contract
Samples: Blaze Energy Corp.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderMajority Holders.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant Agreement may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.
Appears in 1 contract
Samples: Option to Purchase and Royalty Agreement (Canadente Resource Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the each Holder.
Appears in 1 contract
Samples: Avalon GloboCare Corp.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderXxxxxx.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the HolderMajority Warrant Holders.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequisite Holders.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the The provisions of this Warrant the Warrants may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if with the affirmative consent or approval of the Company has obtained the written consent and of the Registered Holder.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any amendment or waiver approved by Required Holders and any other approval or consent granted by Required Holders hereunder shall be effective and binding on all current and future holders of the Warrants.
Appears in 1 contract
Samples: LSB Industries Inc
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived by the Company in any manner that does not adversely affect the right of the Registered Holder. The provisions of this Warrant may also be amended and the Company may take any action herein prohibited, or omit to perform perfom any act herein required to be performed by it, only if the Company has obtained the written consent of the Registered Holder.,
Appears in 1 contract
Samples: Agreement (Empire Minerals Corp)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived amended, and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holder.
Appears in 1 contract
Samples: Cytori Therapeutics, Inc.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRequired Holders. Any Holder may waive any provision of this Warrant as to itself.
Appears in 1 contract
Samples: Rosetta Genomics Ltd.
Amendment and Waiver. Except as otherwise provided herein, the provisions of this the Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderHolder of this Warrant.
Appears in 1 contract
Samples: Settlement Agreement and Mutual Release (PARETEUM Corp)
Amendment and Waiver. Except as otherwise provided herein, the -------------------- provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holder of this Warrant and BCI.
Appears in 1 contract
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the HolderRegistered Holders of Warrants representing a majority of the shares of Warrant Stock obtainable upon exercise of the Warrants.
Appears in 1 contract
Samples: Exercise Agreement (Imc Mortgage Co)
Amendment and Waiver. Except as otherwise provided herein, the provisions of this Warrant the Warrants issued pursuant to the Agreement may be amended or waived and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the written consent of the Holderholder of Warrants.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Capital Title Group Inc)