Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 194 contracts

Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Modtech Holdings Inc)

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Amendment and Waiver. (a) This The provisions of this Agreement may be amended or modified waived only upon with the prior written consent of the Company and the PurchaserSelling Stockholder.

Appears in 13 contracts

Samples: Stock Repurchase Agreement (Stratus Properties Inc), Stock Repurchase Agreement (Amarantus Bioscience Holdings, Inc.), Stock Repurchase Agreement (CHURCHILL DOWNS Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and any provision hereunder may be waived, only upon the written consent of the Company and the Purchaser.

Appears in 11 contracts

Samples: Purchase Agreement (Bell Industries Inc /New/), Purchase Agreement (Wits Basin Precious Minerals Inc), Purchase Agreement (Nyfix Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserAgent.

Appears in 7 contracts

Samples: Securities Purchase Agreement (General Environmental Management, Inc), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (Pervasip Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and holders of at least a majority of the PurchaserShares as of the date of such amendment.

Appears in 6 contracts

Samples: Series E Preferred Stock Purchase Agreement (Optimark Holdings Inc), Series H Preferred Stock Purchase Agreement (Vie Financial Group Inc), Preferred Stock Purchase Agreement (Softbank Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Franklin Wireless Corp), Debt Conversion Agreement (Broadvision Inc), Common Stock Purchase Agreement (Franklin Wireless Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolders holding a majority in interest of the Prior Notes.

Appears in 5 contracts

Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company and the Purchaser.

Appears in 5 contracts

Samples: Stock Purchase and Master Strategic Relationship Agreement (Nippon Telegraph & Telephone Corp), Stock Purchase and Master Strategic Relationship Agreement (Verio Inc), Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc)

Amendment and Waiver. (a) This Agreement may be amended amended, modified or modified waived only upon the written consent of the Company and the Purchaser.

Appears in 5 contracts

Samples: Preferred Stock Purchase Agreement (Dynavax Technologies Corp), Preferred Stock Purchase Agreement (Dynavax Technologies Corp), Series T Preferred Stock Purchase Agreement (Dynavax Technologies Corp)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the rights and obligations under this Agreement may be waived, only upon the written consent of the Company and the PurchaserInvestor.

Appears in 5 contracts

Samples: Registration Rights Agreement (Regulus Therapeutics Inc.), Investor Rights Agreement (Regulus Therapeutics Inc.), Common Stock Purchase Agreement (Regulus Therapeutics Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers.

Appears in 4 contracts

Samples: Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and each of the PurchaserPurchasers.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Greens Worldwide Inc), Securities Purchase Agreement (Corgenix Medical Corp/Co)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserSubscriber.

Appears in 4 contracts

Samples: Subscription Agreement (Solar Thin Films, Inc.), Subscription Agreement (Global Axcess Corp), Subscription Agreement (Global Axcess Corp)

Amendment and Waiver. (a) This Provisions of this Agreement may be amended and the observance thereof may be waived (either generally or modified in a particular instance and either retroactively or prospectively), only upon with the written consent of the Company and the Purchaser.

Appears in 4 contracts

Samples: Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser. The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Cyber Digital Inc), Securities Purchase Agreement (Micro Component Technology Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights and the obligations of the Company and the rights and obligations of Purchaser may be waived, only upon the written consent of the Company and the Purchaser.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Unum Therapeutics, Inc.), Participation Agreement (Raindance Technologies Inc), Stock Purchase Agreement (Surface Oncology, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserLaurus.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 4 contracts

Samples: Restricted Stock Purchase Agreement (Jato Communications Corp), Stock Purchase Agreement (Dendreon Corp), Purchase Agreement (General Electric Co)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or the Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Net 1 Ueps Technologies Inc), Common Stock Purchase Agreement (Net 1 Ueps Technologies Inc), Common Stock Purchase Agreement (Maitland Trustees LTD)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the obligations of the Company and the rights of the Holders under this Agreement may be waived, only upon the written consent of the Company and the PurchaserRequisite 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. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInvestors.

Appears in 3 contracts

Samples: Investor Rights Agreement (Aviall Inc), Investor Rights Agreement (Tc Group LLC), Conversion Agreement (Tc Group LLC)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.

Appears in 3 contracts

Samples: Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company and all of the PurchaserPurchasers.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Cypress Communications Inc), Preferred Stock Purchase Agreement (Cypress Communications Inc), Preferred Stock Purchase Agreement (Cypress Communications Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified and any provision hereof may be waived only upon the written consent of the Company Company, the Purchaser and the PurchaserAxys.

Appears in 3 contracts

Samples: Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc), Registration Rights Agreement (Axys Pharmecueticals Inc), Registration Rights Agreement (Axys Pharmecueticals Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchaser or their respective successors.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)

Amendment and Waiver. (ai) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Minatura Gold), Note and Warrant Purchase Agreement (Smart Move, Inc.), Note Purchase Agreement (Island Pacific Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInvestor.

Appears in 2 contracts

Samples: Investor Rights Agreement (Internap Network Services Corp/Wa), Preferred Stock Purchase Agreement (Tag It Pacific Inc)

Amendment and Waiver. (a) This The provisions of this Agreement may be amended or modified waived only upon with the prior written consent of the Company and the PurchaserSeller.

Appears in 2 contracts

Samples: Share Repurchase Agreement (Shanda Asset Management Investment LTD), Share Repurchase Agreement (Legg Mason, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and each Purchaser. The rights of the PurchaserCompany or Purchasers hereunder may only be waived with the written consent of the party granting the waiver of such right.

Appears in 2 contracts

Samples: Recapitalization Agreement (Birch Telecom Inc /Mo), Recapitalization Agreement (Birch Telecom Inc /Mo)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and any provision hereunder may be waived, only upon the written consent of the Company and the PurchaserPurchasers.

Appears in 2 contracts

Samples: Purchase Agreement (Spectre Gaming Inc), 9 Purchase Agreement (Equitex Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nestor Inc), Securities Purchase Agreement (Nestor Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInvestors.

Appears in 2 contracts

Samples: Purchase Agreement (Gp Strategies Corp), Purchase Agreement (Gp Strategies Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Gartner Group Inc), Purchase Agreement (Intermedia Communications Inc)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.

Appears in 2 contracts

Samples: Investor Rights Agreement (Women Com Networks Inc), Investor Rights Agreement (Women Com Networks Inc)

Amendment and Waiver. (a) This Agreement may be amended amended, modified or modified waived only upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Corixa Corp), Securities Purchase Agreement (Rako Capital Corp)

Amendment and Waiver. (a) This Agreement may be amended amended, modified, or modified assigned only upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Powercold Corp), Securities Purchase Agreement (Powercold Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company and each of the PurchaserPurchasers.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Exactis Com Inc), Preferred Stock Purchase Agreement (Exactis Com Inc)

Amendment and Waiver. (a) This Except as set forth in the introductory paragraph hereof, this Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Veron International LTD), Common Stock Purchase Agreement (Genelabs Technologies Inc /Ca)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.

Appears in 2 contracts

Samples: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations and rights of the Company and the Purchaser under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Common Share Put Agreement (Xenon Pharmaceuticals Inc.), Common Share Put Agreement (Xenon Pharmaceuticals Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and any provision hereunder may be waived, only upon the written consent of the Company and the PurchaserLender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Wits Basin Precious Minerals Inc), Loan Agreement (Wits Basin Precious Minerals Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Contributor.

Appears in 2 contracts

Samples: Contribution Agreement (Goldrange Resources, Inc.), Contribution Agreement (Cayenta Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the Purchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Digital Recorders Inc), Securities Purchase Agreement (Pacific Energy Resources LTD)

Amendment and Waiver. (a) This The provisions of this Agreement may be amended or modified and waived only upon with the prior written consent of the Company each of Seller and the PurchaserCompany.

Appears in 2 contracts

Samples: Private Placement Agreement (Magicjack Vocaltec LTD), Private Placement Agreement (Magicjack Vocaltec LTD)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 2 contracts

Samples: Senior Secured Note Purchase Agreement (Proelite, Inc.), Securities Purchase Agreement (Trimedia Entertainment Group Inc)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInvestor.

Appears in 2 contracts

Samples: Rights Agreement (Tangram Enterprise Solutions Inc), Rights Agreement (Safeguard Scientifics Inc Et Al)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserNoteholders.

Appears in 1 contract

Samples: Debt Conversion Agreement (Myriant Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vobis Microcomputer Ag)

Amendment and Waiver. (a) This Agreement may be amended or -------------------- modified only upon the mutual written consent of the Company and the PurchaserPurchasers.

Appears in 1 contract

Samples: Purchase Agreement (Via Net Works Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Anthera Pharmaceuticals Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.. (b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only

Appears in 1 contract

Samples: Securities Purchase Agreement (AdAl Group Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or the Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: 1 (Birch Telecom Inc /Mo)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser and the obligations of the Company and the rights of the Purchaser under the Agreement may be waived only with the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Usa Net Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and any provision hereunder may be waived, only upon the written consent of the Company and the PurchaserPurchasers.

Appears in 1 contract

Samples: Purchase Agreement (Equitex Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Company, Cancable Parent and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Creative Vistas Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and Purchaser. The obligations of the Company and the rights of the Purchaser may be waived only with the written consent of the Purchaser.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Genomica Corp /De/)

Amendment and Waiver. (a) This Any term of this Agreement may be amended amended, terminated or modified waived only upon with the written consent of the Company Company, and the Purchaser.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Tenon Medical, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Purchaser and the PurchaserCompany.

Appears in 1 contract

Samples: Securities Purchase and Subscription Agreement (Imagin Molecular Corp)

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Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.

Appears in 1 contract

Samples: Common Stock Exchange and Stockholder Agreement (CorMedix Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser. (b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stockeryale Inc)

Amendment and Waiver. (a) This provisions of this Agreement may be amended amended, modified or modified waived only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Socket Communications Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon with the written consent of the Company and the Purchaserunanimous consent of the Purchasers.

Appears in 1 contract

Samples: Unit Purchase Agreement (Miracor Diagnostics Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.

Appears in 1 contract

Samples: Exchange Agreement (Nektar Therapeutics)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stockeryale Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.. (b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser (c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company

Appears in 1 contract

Samples: Securities Purchase Agreement (Ventures National Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserStockholders.

Appears in 1 contract

Samples: Registration Rights Agreement (Ennis, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Town Sports International Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasera majority in interest of Shares held by Purchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alpha Virtual Inc/Ca/)

Amendment and Waiver. (a) i. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Freebutton, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of Patients, the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Patients & Physicians, Inc.)

Amendment and Waiver. (a) a. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (iBroadband, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Grantee.

Appears in 1 contract

Samples: Transfer, Assignment and Assumption Agreement (Myriant Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser; provided that the Company may terminate this Agreement at any time without the written consent of the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bio Key International Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Sellers and the PurchaserPurchasers.

Appears in 1 contract

Samples: Stock Purchase Agreement (Brown Stephen L)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and and, as the Purchasercase may be, the Purchasers or the Warrant Holders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Epixtar Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserCreditor Parties.

Appears in 1 contract

Samples: Securities Purchase Agreement (True North Energy CORP)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company Company, the Purchaser and each of the PurchaserSelling Shareholders.

Appears in 1 contract

Samples: Share Purchase Agreement (Infocast Corp /Nv)

Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations of the Company and Purchaser under the Agreement may be waived, only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Omni Bio Pharmaceutical, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers and the obligations of the Company and the rights of the Purchasers under the Agreement may be waived only with the written consent of the Company and a majority in interest of the Purchasers.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Usa Net Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers and the obligations of the Company and the rights of the Purchasers under the Agreement may be waived only with the written consent of the Company and a majority in interest of the Purchasers. This Agreement may be amended with only the consent of the Company to include additional purchasers pursuant to Section 2.3 as "Purchasers" hereunder.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Usa Net Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers then holding a majority of the principal outstanding amount of the Notes (“Required Purchasers”).

Appears in 1 contract

Samples: Securities Purchase Agreement (A21 Inc)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInitiating Holders.

Appears in 1 contract

Samples: Registration Rights Agreement (Advanced Power Technology Inc)

Amendment and Waiver. (a) This Any term of this Agreement may be amended amended, modified, or modified waived only upon with the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Asure Software Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company Company, the Purchaser and each of the PurchaserShareholders.

Appears in 1 contract

Samples: Subscription and Exchange Agreement (Razorfish Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Company, Iview, Iview Parent and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Creative Vistas Inc)

Amendment and Waiver. (a) 7.6.1 This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserLender.

Appears in 1 contract

Samples: Operating Loan and Security Agreement (Smart Move, Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company Company, InfoCast, the Purchaser and each of the PurchaserSelling Shareholders.

Appears in 1 contract

Samples: Share Purchase Agreement (Infocast Corp /Nv)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent approval of the Company and the Purchaserwritten consent of the Purchasers purchasing a majority of the outstanding principal amount of the Notes including any Notes that have been transferred to affiliates of the Purchasers.

Appears in 1 contract

Samples: Purchase Agreement (Nupathe Inc.)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and Purchaser. The rights of the PurchaserCompany or the Purchaser hereunder may only be waived with the written consent of the party granting the waiver of such right.

Appears in 1 contract

Samples: Stock Purchase Agreement (Birch Telecom Inc /Mo)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent agreement of the Company and the PurchaserPurchasers.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Utek Corp)

Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserNuVasive.

Appears in 1 contract

Samples: First Offer Agreement (Aclarion, Inc.)

Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the obligations of the Company and the rights of the parties to this Agreement may be waived, only upon the written consent of the Company and the Purchaserother parties hereto.

Appears in 1 contract

Samples: Investor Rights Agreement (Viking Holdings LTD)

Amendment and Waiver. (a) 12.7.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tidel Technologies Inc)

Amendment and Waiver. (a) 12.5.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tidel Technologies Inc)

Amendment and Waiver. (aA) This Agreement may be amended or modified only upon the mutual written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Elitra Pharmaceuticals Inc)

Amendment and Waiver. (a) This Agreement may be amended or modified -------------------- modified, and the rights of the Company or Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Cais Internet Inc)

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