Common use of Amendment; Extension; Waiver Clause in Contracts

Amendment; Extension; Waiver. At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the parties hereto, (iii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iv) waive compliance with any of the agreements or conditions contained herein; PROVIDED, HOWEVER, that after any approval of the transactions contemplated by this Agreement by the shareholders of Cimtech, there may not be, without further approval of such shareholders, any amendment, extension or waiver of this Agreement which reduces the amount or changes the form of the consideration to be delivered to the holders of Cimtech Common Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Amendment; Extension; Waiver. At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the parties hereto, (iii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iv) waive compliance with any of the agreements or conditions contained herein; PROVIDEDprovided, HOWEVERhowever, that after any approval of the transactions contemplated by this Agreement by the shareholders stockholders of CimtechTransom, there may not be, without further approval of such shareholdersstockholders, any amendment, extension or waiver of this Agreement which reduces the amount or changes the form of the consideration to be delivered to the holders of Cimtech Transom Common Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. 21 25 ARTICLE IX.

Amendment; Extension; Waiver. At any time prior to the Effective TimeTime of the Merger, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the parties hereto, (iii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iv) waive compliance with any of the agreements or conditions contained herein; PROVIDED, HOWEVER, that after any approval of the transactions contemplated by this Agreement by the shareholders of CimtechRTI, there may not be, without further approval of such shareholders, any amendment, extension or waiver of this Agreement which reduces the amount or changes the form of the consideration to be delivered to the such holders of Cimtech RTI Common Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Amendment; Extension; Waiver. At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the parties hereto, (iii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iv) waive compliance with any of the agreements or conditions contained herein; PROVIDEDprovided, HOWEVERhowever, that after any approval of the transactions contemplated by this Agreement by the shareholders of CimtechSense8, there may not be, without further approval of such shareholders, any amendment, extension or waiver of this Agreement which reduces the amount or changes the form of the consideration to be delivered to the holders of Cimtech Common Sense8 Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such A-21 27 amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. ARTICLE IX.

Amendment; Extension; Waiver. At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the parties hereto, (iii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iv) waive compliance with any of the agreements or conditions contained herein; PROVIDEDprovided, HOWEVERhowever, that after any approval of the transactions contemplated by this Agreement by the shareholders stockholders of CimtechAntenna, there may not be, without further approval of such shareholdersstockholders, any amendment, extension or waiver of this Agreement which reduces the amount or changes the form of the consideration to be delivered to the holders of Cimtech Antenna Common Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Amendment; Extension; Waiver. At Subject to compliance with applicable Law, at any time prior to the Effective Time, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Board of Directors, and the parties hereto may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iiiii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iviii) waive compliance with any of the agreements or conditions contained herein; PROVIDEDin each case, HOWEVERby action taken or authorized by their respective Boards of Directors; provided, that however, that, after any approval of the transactions contemplated by this Agreement by the shareholders of CimtechCompany Stockholders, there may not be, without further approval of such shareholdersstockholders, any amendment, extension or waiver of this Agreement or any portion thereof which reduces changes the amount or changes the form of the consideration to be delivered to the holders of Cimtech Common Stock Company Stockholders hereunder other than as contemplated by this Agreement. Any amendment or agreement on the part of a party the parties hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any an obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Amendment; Extension; Waiver. At Subject to compliance with applicable Law, at any time prior to the Effective Time, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Board of Directors, and the parties hereto may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iiiii) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (iviii) waive compliance with any of the agreements or conditions contained herein; PROVIDEDin each case, HOWEVERby action taken or authorized by their respective Boards of Directors; provided, that however, that, after any approval of the transactions contemplated by this Agreement by the shareholders of CimtechCompany Stockholders, there may not be, without further approval of such shareholdersstockholders, any amendment, extension or waiver of this Agreement or any portion thereof which reduces changes the amount or changes the form of the consideration to be delivered to the holders of Cimtech Common Stock Company Stockholders hereunder other than as contemplated by this Agreement. Any amendment or agreement on the part of a party the parties hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such amendment, extension or waiver or failure to insist on strict compliance with any an obligation, covenant, agreement or condition in this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. ARTICLE IX GENERAL PROVISIONS 9.1