Common use of Amendment Clause in Contracts

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 536 contracts

Samples: Non Redemption Agreement and Assignment of Economic Interest (BlueRiver Acquisition Corp.), Non Redemption Agreement and Assignment of Economic Interest (BlueRiver Acquisition Corp.), Non Redemption Agreement and Assignment of Economic Interest (EVe Mobility Acquisition Corp)

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Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 239 contracts

Samples: Private Placement Warrants Purchase Agreement (Lionheart Holdings), Private Placement Units Purchase Agreement (FG Merger III Corp.), Private Placement Units Purchase Agreement (FG Merger II Corp.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 193 contracts

Samples: Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Underwriting Agreement (Barclays Dryrock Funding LLC)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement will be effective until approved in a manner consistent with the Investment Company Act, rules and regulations under the Investment Company Act and any applicable SEC or SEC staff guidance or interpretation.

Appears in 172 contracts

Samples: Investment Management Agreement (Deutsche DWS Investment Trust), Investment Management Agreement (Deutsche DWS Securities Trust), Investment Management Agreement (Deutsche DWS Investments Vit Funds)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which an enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 151 contracts

Samples: Administrative Services Agreement (BMO LGM Frontier Markets Equity Fund), Administrative Services Agreement (BMO Lloyd George Frontier Markets Equity Fund), Joint Fund Administration and Transfer Agency Agreement (Nationwide Variable Insurance Trust)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.

Appears in 120 contracts

Samples: Service Level (Manulife Private Credit Fund), Service Agreement (Manulife Private Credit Fund), Chief Compliance Officer (John Hancock Collateral Trust)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 57 contracts

Samples: Securities Purchase Agreement (ReTo Eco-Solutions, Inc.), Subscription Agreement (Datasea Inc.), Subscription Agreement (Datasea Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 35 contracts

Samples: Assignment and Assumption Agreement (SCP Pool Corp), Loan Agreement (Exploration Co of Delaware Inc), Loan Agreement (Natural Gas Systems Inc/New)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 19 contracts

Samples: Purchase Agreement, Professional Services Agreement (Sandridge Energy Inc), Membership Interest Purchase Agreement (PayMeOn, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Spatialight Inc), Waiver (Spatialight Inc), Waiver (Spatialight Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Investor.

Appears in 17 contracts

Samples: Common Stock and Warrant Purchase Agreement (ESS Tech, Inc.), Agreement (Emerging Fuels Technology, Inc.), Revolving Credit Agreement (Cesca Therapeutics Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended--------- changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 17 contracts

Samples: Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Bank National Association)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedmodified, waivedwaived or discharged unless such waiver, discharged modification or terminated other than by a written instrument discharge is in writing and signed by the party against whom enforcement of any such amendmentmodification, waiver, waiver or discharge or termination is soughtsought to be enforced.

Appears in 17 contracts

Samples: Restricted Stock Unit Award Agreement (Inotiv, Inc.), Restricted Stock Award Agreement (Haynes International Inc), Restricted Stock Award Agreement (Haynes International Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be terminated, amended, waivedsupplemented, discharged waived or terminated other than modified orally, but only by a written an instrument in writing which purports to terminate, amend, supplement, waive or modify this Agreement or any of the terms hereof and is signed by the party against whom which the enforcement of any such the termination, amendment, waiversupplement, discharge waiver or termination modification is sought.

Appears in 15 contracts

Samples: Agreement for the Purchase And (Reticulate Micro, Inc.), Agreement for the Purchase (Med-X, Inc.), Agreement for the Purchase (Med-X, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may shall be amended, waivedmodified, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.

Appears in 13 contracts

Samples: Subscription Agreement (Loton, Corp), Subscription Agreement (Loton, Corp), Subscription Agreement (Loton, Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 13 contracts

Samples: Payment and Forbearance Agreement, Repurchase Agreement, Security Agreement (LSB Industries Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 12 contracts

Samples: Amended and Restated Agreement (Retail Value Inc.), Agreement (Retail Value Inc.), Credit Agreement (Adams Golf Inc)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.. No material amendment to this Agreement shall be

Appears in 11 contracts

Samples: Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally or by course of dealing, but only by a written instrument statement in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 11 contracts

Samples: Subscription Agreement (ProQR Therapeutics N.V.), Surrender Agreement (Twinlab Consolidated Holdings, Inc.), Surrender Agreement (Twinlab Consolidated Holdings, Inc.)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.

Appears in 11 contracts

Samples: Investment Advisory (Nexpoint Event-Driven Fund), And Administrative Services Agreement (Nexpoint Opportunistic Credit Fund), Investment Advisory (Nexpoint Opportunistic Credit Fund)

Amendment. Except as expressly provided in Neither this Agreement, neither this Amendment and Termination Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 11 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be terminated, amended, waivedsupplemented or modified orally, discharged or terminated other than but only by a written an instrument in writing signed by the party against whom which the enforcement of any such the termination, amendment, waiversupplement, discharge or termination is modification shall be sought.

Appears in 10 contracts

Samples: Membership Unit Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Agreement and Plan of Merger and Reorganization (Ats Corp), Stock Purchase Agreement (Ats Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provisions thereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 9 contracts

Samples: Second Priority Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (Contango Oil & Gas Co), Purchase and Sale Agreement, Rockstar Membership Interest Purchase Agreement (PayMeOn, Inc.)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement letter agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 7 contracts

Samples: Letter Agreement (Empire Capital Partners Lp), Letter Agreement (Coherent Inc), Letter Agreement (Entrust Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 7 contracts

Samples: Forbearance Agreement (TNP Strategic Retail Trust, Inc.), Fourth Forbearance and Modification Agreement (Techprecision Corp), Third Forbearance and Modification Agreement (Techprecision Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Colonial Bancgroup Inc), Stock Purchase Agreement (Colonial Bancgroup Inc), Private Securities Subscription Agreement (Infinity Investors LTD)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing hand-signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 6 contracts

Samples: Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Energy 11, L.P.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 5 contracts

Samples: Settlement and Restructuring Agreement (Raptor Resources Holdings Inc.), Purchase and Sale Agreement (Cit Group Inc), Stock Purchase Agreement (Edison Renewables Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Jones Energy, Inc.), Purchase and Sale Agreement (Natural Resource Partners Lp), Purchase and Sale Agreement (Mdu Resources Group Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties to this Agreement.

Appears in 5 contracts

Samples: Proxy Agreement (JAB Beauty B.V.), Pledge Agreement, Pledge Agreement (Net Element International, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 5 contracts

Samples: Branch Purchase Agreement (Bok Financial Corp Et Al), Branch Purchase and Assumption Agreement (North Valley Bancorp), Branch Purchase and Assumption Agreement (Capital Corp of the West)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided, however, that any provisions hereof may be amended, waived, discharged or terminated upon the written consent of the Company and the Warrantholder.

Appears in 4 contracts

Samples: Joint Development Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 4 contracts

Samples: Morgan Stanley Capital I Trust 2020-L4, Morgan Stanley Capital I Trust 2019-L3, Morgan Stanley Capital I Trust 2019-H7

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 4 contracts

Samples: Securities Exchange Agreement (Fishtheworld Holdings Inc), Securities Exchange Agreement (Mallis LTD Partnership), Share Purchase Agreement (Total First Aid Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 4 contracts

Samples: Intercreditor Agreement (DREW INDUSTRIES Inc), Intercreditor Agreement (Drew Industries Inc), And Restated Intercreditor Agreement (Drew Industries Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof or provision thereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthis change, waiver, discharge or termination is sought.

Appears in 4 contracts

Samples: Employment and Severance Agreement (Farm Fresh Inc), Employment and Severance Agreement (Ff Holdings Corp), Employment and Severance Agreement (Farm Fresh Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedmodified, changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe modification, change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may --------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Underwriting Agreement (First Usa Bank National Association), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Management Services Agreement (Uranium Trading Corp), Management Services Agreement (Uranium Trading Corp), Administrative Services Agreement (Central GoldTrust)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, modified, waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtto be bound.

Appears in 3 contracts

Samples: Stock Subscription Agreement (Driveway Corp), Stock Subscription and Repurchase Agreement (Driveway Corp), Stock Subscription and Repurchase Agreement (Driveway Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may ---------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in Neither this Agreement, neither this Amendment and Termination Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in Execution Version writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof --------- may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Usa Inc), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, modified, waived, discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party against whom the enforcement of any such amendmentchange, modification, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Escrow Agreement (Great American Family Parks Inc), Escrow Agreement (Great American Family Parks Inc), Agreement for Purchase and Sale (Us Wireless Online Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be --------- amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Security Agreement (Numerical Technologies Inc), Security Agreement (Numerical Technologies Inc), Security Agreement (Numerical Technologies Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor not any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided however, that holders of a majority of the Registrable Securities may waive, modify or amend on behalf of all holders, any provisions hereof.

Appears in 3 contracts

Samples: Registration Rights Agreement (Ebiz Enterprises Inc), Registration Rights Agreement (Ebiz Enterprises Inc), Registration Rights Agreement (Herman Stephen C)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing, signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Administrative Services Agreement (Energy Resources 12, L.P.), Administrative Services Agreement (Energy 11, L.P.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party Party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 2 contracts

Samples: Share Subscription Agreement (Cintel Corp), Share Subscription Agreement (Cintel Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be changed, amended, modified, waived, or discharged either orally or terminated other than by a written any course of dealing, but only by an instrument in writing signed by the party against whom enforcement of any such the change, amendment, waivermodification, waiver or discharge or termination is sought.

Appears in 2 contracts

Samples: Development Agreement, Real Estate Purchase and Sale Agreement (Ames National Corp)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Earth Search Sciences Inc), Common Stock Purchase Agreement (Struthers Inc/Sc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof of this Agreement may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing and signed by each of the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Agreement Modifying Loan Terms (Davco Acquisition Holding Inc), Agreement Modifying Loan Terms (Friendco Restaurants Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in writing.

Appears in 2 contracts

Samples: Escrow Agreement (Western Water Co), Resignation Agreement and Mutual General Release (Western Water Co)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 2 contracts

Samples: Non Redemption Agreement (Viveon Health Acquisition Corp.), Non Redemption Agreement (Arrowroot Acquisition Corp.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party Party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Real Property Purchase Agreement (Heritage Oaks Bancorp), Branch Purchase and Assumption Agreement (Heritage Oaks Bancorp)

Amendment. Except as expressly provided in this Agreement, --------- neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Econnect), Common Stock Purchase Agreement (Econnect)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions --------- hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Contribution Agreement (Reckson Associates Realty Corp), Forbearance Agreement (Pgi Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement, Limited Agency Agreement (South Carolina Electric & Gas Co)

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Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged or terminated amended in any manner other than by a written instrument in writing, signed by the party Party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination amendment is sought.

Appears in 2 contracts

Samples: Employment Agreement (Go Rachels Com Corp), Employment Agreement (Go Rachels Com Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of provision hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Evision Usa Com Inc), Exchange and Sale of Stock (Evision Usa Com Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughteach party.

Appears in 2 contracts

Samples: Escrow Agreement (OrgHarvest, Inc.), Escrow Agreement (OrgHarvest, Inc.)

Amendment. Except as expressly provided in Neither this Agreement, neither this Modification Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Mortgage Loan Modification Agreement (Resources Accrued Mortgage Investors 2 Lp), Mortgage Loan Modification Agreement (High Cash Partners L P)

Amendment. Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing signed by all of the Members. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom the enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

Amendment. Except as expressly otherwise provided in this Agreementherein, neither this Agreement --------- nor any term provisions hereof may shall be amended, waived, discharged or terminated other than by a without written instrument signed by consent of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Parties.

Appears in 2 contracts

Samples: License Agreement (Peoplepc Inc), Shareholders' Agreement (Peoplepc Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be --------- waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in such writing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/), Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated orally. Any such amendment or other than action may only be effected by a written instrument writing signed by the party seeking the amendment and the party against whom enforcement of any such amendment, waiver, discharge or termination amendment is soughtsought to be enforced.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Northern Lights Fund Trust), Investment Sub Advisory Agreement (Northern Lights Fund Trust)

Amendment. 20.1 Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing (i) signed by the Parties to this Agreement and (ii) expressly purporting to amend or otherwise modify this Agreement. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Shareholders Agreement (Dyadic International Inc), Shareholders Agreement (Dyadic International Inc)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedwaived, waivedchanged, modified, extended, discharged or terminated other than by terminated, except in a written instrument writing signed by the party or parties against whom enforcement of any such amendmentwaiver, waiverchange, modification, extension, discharge or termination is sought.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aero Performance Products, Inc.), Agreement and Plan of Merger (MFW Acquisition Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedAmended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Letter of Credit Agreement (California Beach Restaurants Inc), Letter of Credit Agreement (California Beach Restaurants Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.. (Signature Page Follows)

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement Company and each of any the Holders who are adversely affected by such amendment, waiver, discharge or termination. Any such amendment, waiver, discharge or termination is soughteffected in accordance with this paragraph shall be binding upon each party to this Agreement.

Appears in 2 contracts

Samples: Preemptive Rights Agreement, Preemptive Rights Agreement (Rimini Street, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provision of this Agreement may be amendedchanged, waived, discharged or terminated orally nor in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Security Agreement (Aerosonic Corp /De/), Security Agreement (Aerosonic Corp /De/)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Employment Agreement (On Stage Entertainment Inc), Employment Agreement (On Stage Entertainment Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waivedmodified, waived or discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party Party against whom enforcement of any such amendmentthe enforcement, change, modification, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Contribution Agreement, Contribution Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Stock Purchase and Issuance Agreement (Hylete, Inc.), Stock Purchase and Issuance Agreement (Hylete, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms or provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtall parties to this Agreement.

Appears in 1 contract

Samples: Acquisition Agreement (U.S. Auto Parts Network, Inc.)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParty.

Appears in 1 contract

Samples: Stock Purchase Agreement (JKC Group Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party Xxxxxx or Borrower against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Loan Agreement (AppHarvest, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 1 contract

Samples: Unit Purchase Agreement (Oneworld Systems Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged discharged, or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may shall be amendedmodified, waivedchanged, discharged or terminated other than except by a written an instrument in writing signed by by, or on behalf of, the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.

Appears in 1 contract

Samples: Investment Agreement (Contango ORE, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms or provision hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe changes, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Release Agreement (Monaco Finance Inc)

Amendment. Except as expressly provided in this AgreementSection 5.7 herein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Rights Agreement (Oplink Communications Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Registration Rights Agreement (Anacor Pharmaceuticals, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, changed, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Master Participation Agreement (Marketing Specialists Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof --------- may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Registration Rights Agreement (Dsi Toys Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Master Compromise and Settlement Agreement (Terax Energy, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written instrument an agreement in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 1 contract

Samples: Rental Management Agreement

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term terms or provisions hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party parties against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Scancart™ Maintenance and Support Agreement

Amendment. Except as expressly provided in Neither this Agreement, neither this Indemnification Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or ---------- provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, waiver discharge or termination is sought.

Appears in 1 contract

Samples: Stock Purchase Agreement (Touchstone Applied Science Associates Inc /Ny/)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated other than orally (even if supported by a written new consideration), but only by an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Credit Agreement (Big Dog Holdings Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 1 contract

Samples: Participation Agreement (Energy Services of America CORP)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in such writing.

Appears in 1 contract

Samples: Limited Partnership Interest Purchase Agreement (Dvi Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought, including on behalf of the Company, without the Disinterested Director Approval.

Appears in 1 contract

Samples: Registration Rights Agreement (Sunpower Corp)

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