Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).
Appears in 36 contracts
Samples: Senior Management Agreement (Capella Healthcare, Inc.), Senior Management Agreement (NPMC Holdings, LLC), Senior Management Agreement (NPMC Holdings, LLC)
Amendment and Waiver. The provisions This Agreement may be amended or modified, and the obligations of the Company and the rights of Investor under this Agreement may be amended and waived or terminated, only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 31 contracts
Samples: Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement, Series a Preferred Stock Subscription Agreement
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Employee.
Appears in 30 contracts
Samples: Employment Agreement (Power Solutions International, Inc.), Employment Agreement (Power Solutions International, Inc.), Senior Management and Restricted Stock Agreement (Sailpoint Technologies Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 22 contracts
Samples: Senior Management Agreement (Onemain Com Inc), Senior Management Agreement (Onemain Com Inc), Senior Management Agreement (E2enet Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 20 contracts
Samples: Restricted Stock Agreement (WII Components, Inc.), Restricted Stock Agreement (WII Components, Inc.), Restricted Stock Agreement (WII Components, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)me.
Appears in 17 contracts
Samples: Restricted Stock Unit Agreement (Roundy's, Inc.), Restricted Stock Unit Agreement (Roundy's, Inc.), 2014 Restricted Stock Unit Agreement (Roundy's, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * *
Appears in 17 contracts
Samples: Confidentiality and Non Competition Agreement, Employment Agreement (Romacorp Inc), Nonsolicitation and Confidentiality Agreement (Physicians Formula Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Purchaser.
Appears in 16 contracts
Samples: Subscription Agreement (THLP Debt Partners, L.P.), Subscription Agreement (THL Credit, Inc.), Series G Unit Subscription Agreement (Lighting Science Group Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Employee. * * * *
Appears in 15 contracts
Samples: Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. The provisions of
Appears in 13 contracts
Samples: 2003 Executive Unit Agreement (Alliance Laundry Systems LLC), 2003 Executive Unit Agreement (Alliance Laundry Systems LLC), 2003 Executive Unit Agreement (Alliance Laundry Systems LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Selling Stockholder.
Appears in 13 contracts
Samples: Stock Repurchase Agreement (Duchossois Group, Inc.), Stock Repurchase Agreement (KORE Group Holdings, Inc.), Stock Repurchase Agreement (Stratus Properties Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement).Investor. * * * * *
Appears in 13 contracts
Samples: Employment Agreement (Lower Road Associates LLC), Executive Stock Purchase Agreement (Knowles Electronics LLC), Employment Agreement (Lower Road Associates LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company (with the approval of the Board) and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 13 contracts
Samples: Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Employer and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 11 contracts
Samples: Employment Agreement (InterPrivate III Financial Partners Inc.), Employment Agreement (Bravo Brio Restaurant Group, Inc.), Employment Agreement (Bravo Brio Restaurant Group, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Optionee. *****
Appears in 10 contracts
Samples: Option Cancellation Agreement (M Foods Investors LLC), Option Cancellation Agreement (M Foods Investors LLC), Option Cancellation Agreement (M Foods Investors LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)MDCP.
Appears in 10 contracts
Samples: Executive Unit Exchange Agreement (Yankee Finance, Inc.), Executive Unit Exchange Agreement (Yankee Finance, Inc.), Executive Unit Exchange Agreement (Yankee Finance, Inc.)
Amendment and Waiver. The provisions This Agreement may be amended, and the observance of any term of this Agreement may be amended waived, with and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).Company and:
Appears in 10 contracts
Samples: Warrant Agreement (Prosofttraining Com), Warrant Agreement (Freedom Financial Group Inc), Warrant Agreement (Freedom Financial Group Inc)
Amendment and Waiver. The provisions Any amendment or waiver of any provision under this Agreement may be amended and waived effected only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in of at least a majority of the Purchase Agreement)Registrable Securities then outstanding.
Appears in 10 contracts
Samples: Registration Rights Agreement (Quest Resource Holding Corp), Registration Agreement (Us Dataworks Inc), Registration Agreement (Us Dataworks Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Employee.
Appears in 10 contracts
Samples: Restricted Stock Agreement (American Vanguard Corp), Restricted Stock Agreement (American Vanguard Corp), Employment Agreement (NCS Multistage Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 9 contracts
Samples: Employment Agreement (Bway Corp), Executive Employment Agreement (Focal Communications Corp), Executive Employment Agreement (Focal Communications Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Employer and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 9 contracts
Samples: Management Agreement (TNS Inc), Management Agreement (TNS Inc), Management Agreement (TNS Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the CompanyCompany (through its Board), Employer, Executive the Exchanger and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 8 contracts
Samples: Exchange Agreement (Brickell Bay Acquisition Corp.), Exchange Agreement (Brickell Bay Acquisition Corp.), Exchange Agreement (Brickell Bay Acquisition Corp.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 7 contracts
Samples: Executive Employment Agreement (Native American Energy Group, Inc.), Agreement (Native American Energy Group, Inc.), Senior Executive Agreement (Native American Energy Group, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 7 contracts
Samples: Executive Agreement (Toga LTD), Executive Agreement (Toga LTD), Senior Management Agreement (Lecg Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * *
Appears in 7 contracts
Samples: Restricted Stock Agreement (GT Solar International, Inc.), Executive Employment Agreement (Aavid Thermal Technologies Inc), Executive Employment Agreement (Aavid Thermal Technologies Inc)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement).
Appears in 7 contracts
Samples: Senior Management Agreement (Zefer Corp), Senior Management Agreement (Zefer Corp), Senior Management Agreement (Zefer Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 7 contracts
Samples: Senior Management Agreement (Digitalnet Holdings Inc), Senior Management Agreement (Appnet Systems Inc), Senior Management Agreement (Appnet Systems Inc)
Amendment and Waiver. The provisions This Agreement may be amended, and the observance of any term of this Agreement may be amended waived, with, and waived only with with, the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Colony Resorts LVH Acquisitions LLC), Securities Purchase Agreement (Colony Resorts LVH Acquisitions LLC), Securities Purchase Agreement (Colony Resorts LVH Acquisitions LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Director. * * * *
Appears in 7 contracts
Samples: Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Restricted Stock Unit Agreement (GT Solar International, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders holders of the Required Interest (as defined in the Purchase Securityholders Agreement).
Appears in 7 contracts
Samples: Incentive Unit Grant Agreement, Management Unit Purchase Agreement (VWR Funding, Inc.), Incentive Unit Grant Agreement (VWR Funding, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)each Investor.
Appears in 6 contracts
Samples: Stock Repurchase Agreement, Stock Repurchase Agreement (Nci Building Systems Inc), Stock Repurchase Agreement (CD&R Associates VIII, Ltd.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Employee.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Appnet Systems Inc), Stock Purchase Agreement (Appnet Systems Inc), Stock Purchase Agreement (Appnet Systems Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Holding Company, Employer, Executive the Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * *
Appears in 6 contracts
Samples: Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Investor and the Majority Holders (as defined in the Purchase Agreement)Institutional Investors.
Appears in 5 contracts
Samples: Common Unit Purchase and Exchange Agreement, Purchase and Exchange] Agreement, Common Unit Purchase Agreement (CDW Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of Holdings (with the Companyapproval of the Board), Employer, Executive the Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 5 contracts
Samples: Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only in a writing signed by the Company (with the prior written consent approval of the Company, EmployerBoard), Executive and the Majority Holders (as defined in the Purchase Agreement)Buyer.
Appears in 5 contracts
Samples: Employment Agreement (TMS International Corp.), Employment Agreement (TMS International Corp.), Employment Agreement (Tube City IMS CORP)
Amendment and Waiver. The provisions of Except as otherwise expressly provided, this Agreement may be amended or modified, and waived the rights and obligations under this Agreement may be waived, only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 5 contracts
Samples: Registration Rights Agreement (Bionano Genomics, Inc), Registration Rights Agreement (Regulus Therapeutics Inc.), Investor Rights Agreement (Regulus Therapeutics Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Exchange Agreement).
Appears in 5 contracts
Samples: Senior Management Agreement (Prestige Brands Holdings, Inc.), Senior Management Agreement (Prestige Brands Holdings, Inc.), Senior Management Agreement (Prestige Brands Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive the Parent, and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 5 contracts
Samples: Employment Agreement, Employment Agreement (Cision Ltd.), Employment Agreement (Cision Ltd.)
Amendment and Waiver. The provisions Except as otherwise provided herein, any ---- ---------------------- provision of this Agreement may be amended and or waived only with the prior written ---- consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)Company.
Appears in 5 contracts
Samples: Ranger Aerospace (Aircraft Service International Group Inc), Corporation Executive Stock Agreement (Aircraft Service International Group Inc), Corporation Executive Stock Agreement (Aircraft Service International Group Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the CompanyCompany (through its Board), Employer, Executive the Investor and the Majority Holders (as defined in the Purchase Agreement)Sponsors.
Appears in 5 contracts
Samples: Rollover Agreement, Rollover Agreement (Vector Capital III, L.P.), Rollover Agreement (Chen Robert I)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of each of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Employee.
Appears in 5 contracts
Samples: Employment Agreement (Castellum, Inc.), Employment Agreement (Castellum, Inc.), Employment Agreement (Castellum, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only in a writing signed by the Company (with the prior written consent approval of the Company, Employer, Executive Board) and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 4 contracts
Samples: Employment Agreement (Tube City IMS CORP), Employment Agreement (Tube City IMS CORP), Employment Agreement (Tube City IMS CORP)
Amendment and Waiver. The provisions Provisions of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Purchaser.
Appears in 4 contracts
Samples: Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive the Trust and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 4 contracts
Samples: Management Agreement (United Industries Corp), Management Agreement (United Industries Corp), Management Agreement (United Industries Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Holdings and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 4 contracts
Samples: Employment Agreement (Boston Gear LLC), Employment Agreement (Boston Gear LLC), Employment Agreement (Boston Gear LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of Holdings (with the Company, Employer, Executive approval of the Board) and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 4 contracts
Samples: Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Employee. * * * * *
Appears in 4 contracts
Samples: Employment Agreement (SeaBright Holdings, Inc.), Confidentiality and Noncompete Agreement (Gerald Stevens Inc/), Confidentiality and Noncompete Agreement (Gerald Stevens Inc/)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders Summit Investors (as defined in the Purchase LLC Agreement).
Appears in 4 contracts
Samples: Senior Management Agreement (Pathology Solutions, LLC), Senior Management Agreement (Pathology Solutions, LLC), Senior Management Agreement (Pathology Solutions, LLC)
Amendment and Waiver. The provisions Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with by the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined Purchaser. Any amendment or waiver effected in accordance with this Section 8.3 shall be binding upon the Purchase Agreement)Company and the Purchaser, and their respective successors and assigns.
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Stock Purchase Agreement (BioAmber Inc.), Stock Purchase Agreement (BioAmber Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)CVC.
Appears in 4 contracts
Samples: Executive Stock Agreement (Triumph Group Inc /), Executive Stock Agreement (Triumph Group Inc /), Executive Stock Agreement (Triumph Group Inc /)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Seller. * * * * *
Appears in 4 contracts
Samples: Competition and Confidentiality Agreement, Non Competition and Confidentiality Agreement (Burlington Coat Factory Investments Holdings, Inc.), Non Competition and Confidentiality Agreement (Burlington Coat Factory Investments Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Purchasers.
Appears in 4 contracts
Samples: Series G Unit Subscription Agreement (Lighting Science Group Corp), Subscription Agreement (Lighting Science Group Corp), Subscription Agreement (Lighting Science Group Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only in a writing signed by the Company (with the prior written consent approval of the CompanyBoard), EmployerExecutive, Executive and the Majority Holders (as defined in the Purchase Agreement)Buyer.
Appears in 4 contracts
Samples: Employment Agreement (TMS International Corp.), Employment Agreement (TMS International Corp.), Employment Agreement (Tube City IMS CORP)
Amendment and Waiver. The provisions of this Agreement may be amended and and/or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 4 contracts
Samples: Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.), Employment Agreement (Counsel RB Capital Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, the Employer, Executive Purchaser and the Majority Holders (as defined in the Purchase Agreement).
Appears in 4 contracts
Samples: Senior Management Agreement (Digitalnet Holdings Inc), Senior Management Agreement (Digitalnet Holdings Inc), Senior Management Agreement (Digitalnet Holdings Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, the Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).
Appears in 4 contracts
Samples: Senior Management Agreement (Digitalnet Holdings Inc), Senior Management Agreement (Digitalnet Holdings Inc), Senior Management Agreement (Digitalnet Holdings Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Employer and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Senior Management Agreement (Pathology Solutions, LLC), Employment Agreement (VeriFone Holdings, Inc.), Employment Agreement (VeriFone Holdings, Inc.)
Amendment and Waiver. The provisions of (a) Except as otherwise expressly provided, this Agreement may be amended or modified, and waived the obligations of the Company and the rights of the Holders under this Agreement may be waived, only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Requisite Holders.
Appears in 3 contracts
Samples: Investor Rights Agreement (Orbimed Advisors LLC), Investor Rights Agreement (Relypsa Inc), Investor Rights Agreement (Relypsa Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Director.
Appears in 3 contracts
Samples: Restricted Stock Award Agreement, Restricted Stock Award Agreement (Ventiv Health Inc), Restricted Stock Award Agreement (Inventiv Health Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive LLC and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Class E Unit Purchase Agreement (Norcross Safety Products LLC), Class E Unit Purchase Agreement (Norcross Safety Products LLC), Class E Unit Purchase Agreement (Norcross Safety Products LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement)BRS.
Appears in 3 contracts
Samples: Employment Agreement (Osullivan Industries Holdings Inc), Employment Agreement (Osullivan Industries Holdings Inc), Employment Agreement (Osullivan Industries Holdings Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of Investor and the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).
Appears in 3 contracts
Samples: Stock Purchase Agreement (Aeropostale Inc), Investor Rights Agreement (Aeropostale Inc), Stock Purchase and Investor Rights Agreement (Coldwater Creek Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)each Selling Stockholder.
Appears in 3 contracts
Samples: Stock Repurchase Agreement (Red River Bancshares Inc), Stock Repurchase Agreement (West Corp), Stock Repurchase Agreement (West Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Purchaser and the Majority Holders (as defined in the Purchase Agreement).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Solera Holdings, Inc), Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in of a majority of the Purchase Agreement)Registrable Securities.
Appears in 3 contracts
Samples: Registration Rights Agreement (International Menu Solutions Corp), Registration Rights Agreement (Laser Vision Centers Inc), Registration Rights Agreement (Falconite Inc)
Amendment and Waiver. The provisions of this Agreement may be amended -------------------- and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Executive Agreement (Pac-West Telecomm Inc), Executive Agreement (Pac-West Telecomm Inc), Employment Agreement (Focal Communications Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Companies and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Employment Agreement (Altra Holdings, Inc.), Employment Agreement (Altra Holdings, Inc.), Employment Agreement (Altra Holdings, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employerthe Executive, Executive Buyer and the Majority Holders (as defined in the Purchase Agreement).BRS. * * * * *
Appears in 3 contracts
Samples: Employment Agreement (Lazy Days R.V. Center, Inc.), Employment Agreement (Lazy Days R.V. Center, Inc.), Employment Agreement (Lazy Days R.V. Center, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Holding, Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * * *
Appears in 3 contracts
Samples: Executive Employment Agreement (Von Hoffmann Holdings Inc), Executive Employment Agreement (Von Hoffmann Holdings Inc), Executive Employment Agreement (Von Hoffmann Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Employment Agreement (NEXT-ChemX Corporation.), Employment Agreement (NEXT-ChemX Corporation.), Employment Agreement (NEXT-ChemX Corporation.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * *
Appears in 3 contracts
Samples: Employment Agreement (Sleepmaster LLC), Employment Agreement (Sleepmaster LLC), Security Agreement (Sleepmaster LLC)
Amendment and Waiver. The provisions of this Agreement may be amended and and/or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 3 contracts
Samples: Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.)
Amendment and Waiver. The provisions of (a) Except as otherwise expressly provided, this Agreement may be amended or modified, and waived the obligations of the Company and the rights of the Holders under this Agreement may be waived, only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in Requisite Preferred Holders. Notwithstanding the Purchase Agreement).foregoing, this Agreement may not be amended or terminated and the observance of any term hereof may not be waived with respect to any
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Iterum Therapeutics LTD), Investor Rights Agreement (Iterum Therapeutics LTD)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * * * * *
Appears in 3 contracts
Samples: Management Agreement (Rudolph Technologies Inc), Management Agreement (Rudolph Technologies Inc), Management Agreement (Rudolph Technologies Inc)
Amendment and Waiver. The provisions Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with by the prior written consent of the CompanyCompany and Purchaser. Any amendment or waiver effected in accordance with this section shall be binding upon Company and Purchaser, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement)their respective successors and assigns.
Appears in 3 contracts
Samples: Unsecured Convertible Note Purchase Agreement (Oncotelic Therapeutics, Inc.), Unsecured Convertible Note Purchase Agreement (Oncotelic Therapeutics, Inc.), Unsecured Convertible Note Purchase Agreement (Oncotelic Therapeutics, Inc.)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 3 contracts
Samples: Employment Agreement (Pen Tab Industries Inc), Employment Agreement (Pen Tab Industries Inc), Recapitalization Agreement (Pen Tab Industries Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders Holdings (as defined in approved by the Purchase Agreement).Board) and Executive. * * * *
Appears in 2 contracts
Samples: Employment Agreement (Cbot Holdings Inc), Employment Agreement (Cbot Holdings Inc)
Amendment and Waiver. The provisions of Except as otherwise expressly provided, this Agreement may be terminated, amended or modified, and waived the obligations of the Company and the rights of the Holders under this Agreement may be waived, only with upon the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Holders.
Appears in 2 contracts
Samples: Registration and Information Rights Agreement (Servicesource International LLC), Registration and Information Rights Agreement (Servicesource International LLC)
Amendment and Waiver. The provisions This Agreement may be amended, and the observance of any term of this Agreement may be amended waived, with and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Required Warrantholders; provided, however, that:
Appears in 2 contracts
Samples: Warrant Agreement (U S Aggregates Inc), Warrant Agreement (U S Aggregates Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, EmployerSolera, Executive Inc., Purchaser and the Majority Holders (as defined in the Purchase Agreement)Holders.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings, Inc)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement).Executive. * * * * *
Appears in 2 contracts
Samples: Employment Agreement (Iconixx Corp), Employment Agreement (Iconixx Corp)
Amendment and Waiver. The provisions of this Agreement may be -------------------- amended and waived only with the prior written consent of the Company, Employer, Executive and each of the Majority Holders (as defined in the Purchase Agreement)Purchasers.
Appears in 2 contracts
Samples: Other Senior Management Agreement (Select Medical Corp), Other Senior Management Agreement (Select Medical Corp)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Seller.
Appears in 2 contracts
Samples: Share Repurchase Agreement (Shanda Asset Management Investment LTD), Share Repurchase Agreement (Legg Mason, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive and the Majority Holders Company (as defined in approved by the Purchase Agreement)Board) and Executive.
Appears in 2 contracts
Samples: Employment Agreement (180 Life Sciences Corp.), Employment Agreement (Gray Fox Petroleum Corp.)
Amendment and Waiver. The provisions terms of this Agreement may be amended or waived (either generally or in a particular instance and waived either retroactively or prospectively) only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Stockholder.
Appears in 2 contracts
Samples: Leakout Agreement (RDE, Inc.), Leakout Agreement (RDE, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior nor written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 2 contracts
Samples: Senior Management Agreement (Appnet Systems Inc), Senior Management Agreement (Appnet Systems Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Shareholder.
Appears in 2 contracts
Samples: Confidentiality and Noncompete Agreement (Jondex Corp), Agreement (Jondex Corp)
Amendment and Waiver. The provisions of this Agreement may be amended or and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Executive.
Appears in 2 contracts
Samples: Senior Executive Agreement (On Assignment Inc), Agreement (On Assignment Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and or waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Participant.
Appears in 2 contracts
Samples: Profits Interest Award Agreement (Pzena Investment Management, Inc.), Profits Interest Award Agreement (Pzena Investment Management, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Company and the Executive and the Majority Holders (as defined in the Purchase Agreement)CHS.
Appears in 2 contracts
Samples: Executive Securities Agreement (Otis Spunkmeyer Holdings Inc), Executive Securities Agreement (Otis Spunkmeyer Holdings Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Holdings and the Majority Holders Company (as defined in with the Purchase Agreement)approval of the Board) and the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Global Power Equipment Group Inc/), Employment Agreement (Global Power Equipment Group Inc/)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of each of Seller and the Company, Employer, Executive and the Majority Holders (as defined in the Purchase Agreement).
Appears in 2 contracts
Samples: Private Placement Agreement (Magicjack Vocaltec LTD), Private Placement Agreement (Magicjack Vocaltec LTD)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Director.
Appears in 2 contracts
Samples: Director Agreement (Medley Management Inc.), Medley LLC
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 2 contracts
Samples: Employment and Stock Purchase Agreement (Lower Road Associates LLC), Employment and Stock Purchase Agreement (Lower Road Associates LLC)
Amendment and Waiver. The provisions of (a) Except as otherwise expressly provided, this Agreement may be amended or modified, and waived the obligations of the Company and the rights of the Holders under this Agreement may be waived, only with upon the prior written consent of (i) the Company, Employer, Executive and (ii) the Majority Holders (as defined in the Purchase Agreement)Requisite Holders.
Appears in 2 contracts
Samples: Investor Rights Agreement (Xencor Inc), Investor Rights Agreement (Xencor Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the CompanyShareholders, Employerthe Rollover Investors, Executive if any and the Majority Holders (as defined in the Purchase Agreement)Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (China Yida Holding, Co.), Rollover Agreement (China Yida Holding, Co.)
Amendment and Waiver. The provisions Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived only with the prior written consent of the Company, Employer, Executive Company and the Majority Holders (as defined in the Purchase Agreement)Holder.
Appears in 2 contracts
Samples: Marketing Agreement (E Loan Inc), Marketing Agreement (E Loan Inc)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, Executive the Participant and the Majority Holders (as defined in the Purchase Agreement)Investor.
Appears in 2 contracts
Samples: Stock Option Agreement (Seitel Inc), Stock Option Agreement (Matrix Geophysical, Inc.)
Amendment and Waiver. The provisions of this Agreement may be amended and waived only with the prior written consent of the Company, Employer, the Executive and the Majority Holders (as defined in the Purchase Agreement)Significant Stockholders.
Appears in 2 contracts
Samples: Executive Stock Agreement (Compbenefits Corp), Restricted Stock Agreement (Compbenefits Corp)
