Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 101 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ortec International Inc), Waiver for Securities Purchase Agreement (Neoprobe Corp), Urigen Pharmaceuticals, Inc.
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this WarrantHolder.
Appears in 33 contracts
Samples: Share Purchase Agreement (Med-X, Inc.), Share Purchase Agreement (FibroBiologics Inc.), Share Purchase Agreement (Nxu, Inc.)
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 33 contracts
Samples: Satcon Technology Corp, Saflink Corp, Health Sciences Group Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 27 contracts
Samples: Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp)
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 23 contracts
Samples: Oragenics Inc, Common Stock Purchase Agreement (Flightserv Com), Common Stock Purchase Agreement (Flightserv Com)
Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 9 contracts
Samples: Sac Capital Advisors LLC, Speedcom Wireless Corp, Speedcom Wireless Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Agreement.
Appears in 7 contracts
Samples: Debt Conversion Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc), Hienergy Technologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 7 contracts
Samples: Telenetics Corp, Raptor Networks Technology Inc, V One Corp/ De
Amendment and Waiver. Any term, covenant, agreement or condition ---------------------- in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 6 contracts
Samples: Hienergy Technologies Inc, Hienergy Technologies Inc, Hienergy Technologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Requisite Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, change the manner of payment of the Warrant Price or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 5 contracts
Samples: Volcano CORP, Zila Inc, Volcano CORP
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 4 contracts
Samples: Warrant Amendment Agreement (Cel Sci Corp), Commonwealth Biotechnologies Inc, Commonwealth Biotechnologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Company and the Majority Holder or Holders; provided, however, that no such amendment or waiver shall reduce the number of shares of Warrant Share NumberStock, increase the price per share of the Warrant PriceStock, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 8 without the consent of the Holder of this Warrant.
Appears in 4 contracts
Samples: Astra Energy, Inc., Astra Energy, Inc., Astra Energy, Inc.
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section SECTION 11 without the consent of the Holder of this Warrant.
Appears in 4 contracts
Samples: Warrant Purchase Agreement (Telenetics Corp), Telenetics Corp, Telenetics Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 3 contracts
Samples: Raptor Networks Technology Inc, Satcon Technology Corp, Satcon Technology Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this -------------------- Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall -------- ------- reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 3 contracts
Samples: Amanda Co Inc, Amanda Co Inc, Amanda Co Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 3 contracts
Samples: Cel Sci Corp, Cel Sci Corp, Cel Sci Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Numberumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc), Imaging Technologies Corp/Ca
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Issuer, Maxim Group, LLC, and a majority in interest of the Majority Holders; providedPurchasers, however, that no which such amendment majority must include the Lead Purchaser. No consideration shall be offered or paid to any person to amend or consent to a waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify modification of any provision of this Section 11 without Warrant unless the consent same consideration is also offered to all holders of the Holder of this WarrantWarrants.
Appears in 2 contracts
Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 2 contracts
Samples: Skylynx Communications Inc, Skylynx Communications Inc
Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 2 contracts
Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Certificate.
Appears in 2 contracts
Samples: Conversion Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc)
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, however that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be maybe exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Corrections Corp of America
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant. 11.
Appears in 1 contract
Samples: McLaren Performance Technologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this -------------------- Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall ----------------- reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 18 without the consent ---------- of the Holder of this Warrant.
Appears in 1 contract
Samples: Pameco Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 12 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Integramed America Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Vemics, Inc.
Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Incara Pharmaceuticals Corp
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; providedPROVIDED, howeverHOWEVER, that no such amendment or waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Entertainment Boulevard Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without 10 except with the consent of the Holder of this WarrantWarrant or pursuant to this Warrant Agreement.
Appears in 1 contract
Samples: Share Purchase Agreement (Hienergy Technologies Inc)
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Requisite Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Stock Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, change the manner of payment of the Warrant Price or modify any provision of this Section 11 8 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: World Energy Solutions, Inc.
Amendment and Waiver. Any term, covenant, agreement agreement, or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, or modify any provision of this Section 11 13 without the consent of the Holder of this Warrant.
Appears in 1 contract
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Practicexpert Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, however that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Corrections Corp of America
Amendment and Waiver. Any term, covenant, agreement agreement, or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised exercised, or modify any provision of this Section 11 12 without the consent of the Holder of this Warrant.
Appears in 1 contract
Amendment and Waiver. Any term, covenant, covenant agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Biodel Inc
Amendment and Waiver. Any term, covenant, agreement or condition in -------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Numbernumber, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 9 without the consent of the Holder of this Warrant. 10.
Appears in 1 contract
Samples: Imaging Technologies Corp/Ca
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer Company and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.this
Appears in 1 contract
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively)) , by a written instrument or written instruments executed by the Issuer and the Majority HoldersHolder; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 10 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Commonwealth Biotechnologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in ---------------------- this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or -------- ------- waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.
Appears in 1 contract
Samples: Hienergy Technologies Inc
Amendment and Waiver. Any term, covenant, agreement or condition in this Warrant may be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), by a written instrument or written instruments executed by the Issuer and the Majority Holders; provided, however, that no such amendment or waiver shall reduce the Warrant Share Number, increase the Warrant Price, shorten the period during which this Warrant may be exercised or modify any provision of this Section 11 without the consent of the Holder of this Warrant.this
Appears in 1 contract
Samples: Merchandise Creations, Inc.
