Amendment, Modification, Etc. The Bank and the Holding Company, by mutual consent of their respective Boards of Directors, to the extent permitted by law, may amend, modify, supplement and interpret this Agreement in such manner as may be mutually agreed upon by them in writing at any time before or after adoption thereof by shareholders of the Bank and the Holding Company; provided, however, that no such amendment, modification or supplements shall change any principal term hereof or the number or kind of shares to be issued by the Holding Company in exchange for each share of the Bank, except by the affirmative action of such shareholders as required by law.
Amendment, Modification, Etc. 8.1 AMENDMENT, MODIFICATION, ETC. Bank, Subsidiary and Holding Company, by mutual consent of their respective Boards of Directors, to the extent permitted by law, may amend, modify, supplement and interpret this Agreement in such manner as may be mutually agreed upon by them in writing at any time before or after adoption thereof by shareholders of Bank, Subsidiary and Holding Company; provided, however, that no such amendment, modification or supplement shall change any principal term hereof or the number or kind of shares to be issued by Holding Company in exchange for each share of Bank, except (i) by the affirmative action of such shareholders as required by law or (ii) the initial approval of this Agreement by the Bank's shareholders shall be deemed to include approval of such changes to this Agreement, if any, as may be required from time to time by any bank regulatory agency or department.
Amendment, Modification, Etc. Bank, Subsidiary and Holding Company, by mutual consent of their respective Boards of Directors, to the extent permitted by law, may amend, modify, supplement and interpret this Agreement in such manner as may be mutually agreed upon by them in writing at any time before or after adoption thereof by shareholders of Bank, Subsidiary and Holding Company; provided, however, that no such amendment, modification or supplement shall change any principal term hereof or the number or kind of shares to be issued by Holding Company in exchange for each share of Bank, except (i) by the affirmative action of such shareholders as required by law or (ii) the initial approval of this Agreement by the Bank's shareholders shall be deemed to include approval of such changes to this Agreement, if any, as may be required from time to time by any bank regulatory agency or department.
Amendment, Modification, Etc. No amendment, modification or waiver in respect of this Lease will be effective unless evidenced in writing (including writing evidence by a facsimile transmission) and executed by each of the parties or confirmed by an exchange of telexes, or electronic messages on an electronic messaging system.
Amendment, Modification, Etc. No amendment, modification, waiver, discharge or termination of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing and signed by the party to be charged with enforcement, and then shall be effective only in the specific instance and for the purpose for which given. No course of dealing between the parties hereto shall operate as an amendment of, or a waiver of any right under, this Agreement.
Amendment, Modification, Etc. This Agreement may be amended, modified or terminated and any provision hereof may be waived only by a written instrument duly executed by the holders of 80% or more of the Common Shares at the time outstanding and Common Shares issuable upon the exercise of outstanding Warrants and subject to this Agreement. Notwithstanding the foregoing, any amendment, modification, termination or waiver to this Agreement which adversely affects the rights of the MLCP Investors or the Other Investors, as the case may be, under Article III, V, VI, VII, X, XII or this Section 14.1 shall have no effect unless such amendment, modification, termination or waiver has been consented to in writing by all of the MLCP Investors or by all of the Other Investors, as the case may be.
Amendment, Modification, Etc. This Agreement may be amended, modified, extended or terminated and the provisions hereof may be waived, only by a written instrument signed by the holders of a Majority in Interest. Notwithstanding the foregoing, (a) the consent of the holders of at least 50% of the Common Stock (including Equivalent Shares) issued or issuable upon exercise of the First Union Warrants or any class or series of Securities shall be required for any amendment, modification, extension, termination or waiver which has an adverse effect on the rights of the Holders or the holders of such class or series (b) the consent of the holders of at least 66.67% of the class or series of any Securities (including Equivalent Shares ) shall be required for any amendment, modification, extension, termination or waiver which has an adverse effect on the rights, benefits privileges or obligations of the holders of such class or series and (c) the consent of the Odyssey Holders, the Koch Holders, the PF Telecom Holders or the Cisco Holders, as the caxx xay be, shall be required for any amendment, modification, extension, termination or waiver which has an adverse effect on the rights, benefits privileges or obligations of such respective Holders. Each amendment, modification, extension, termination and waiver pursuant to this Section 18 shall be binding upon each party hereto.
Amendment, Modification, Etc. This Agreement may be amended, modified, extended or terminated and the provisions hereof may be waived, only by a written instrument signed by each of the Stockholders. Each amendment, modification, extension, termination and waiver pursuant to this §14 shall be binding upon each party hereto.
Amendment, Modification, Etc. This Agreement may be amended, modified, extended or terminated and the provisions hereof may be waived, only by a written instrument signed by each of Odyssey, PF Telecom, Xxxx and UBS Capital. Notwithstanding the foregoing, (a) the consent of the holders of at least 50% of the Common Stock (including Equivalent Shares) issued or issuable upon exercise of the Finance Warrants shall be required for any amendment, modification, extension, termination or waiver which has an adverse effect on the rights of Finance Warrant Holders and (b) the consent of the holders of at least 50% of the Common Stock (including Equivalent Shares) issued or issuable upon exercise of the Lucent Warrants shall be required for any amendment, modification, extension, termination or waiver which has an adverse effect on the rights of Lucent Holders. Each amendment, modification, extension, termination and waiver pursuant to this Section 19 shall be binding upon each party hereto.
Amendment, Modification, Etc. Sturgis, Holding Company and Interim Bank, by mutual consent of their respective Boards of Directors, to the extent permitted by applicable law, may amend, modify, supplement and interpret this Agreement in such manner as may be mutually agreed upon by them in writing at any time, before or after adoption thereof by the shareholders of Sturgis, Holding Company and Interim Bank, as applicable; provided, however, that no such amendment, modification or supplementation shall change the number or kind of securities to be issued by Holding Company exchanged for each security of Sturgis, or any other principal terms, except: (1) by the affirmative action of such shareholders as required by law, or (2) the initial approval of this Agreement by Sturgis' shareholders shall be deemed to include approval of such changes to this Agreement, if any, as may be required from time to time by bank regulatory agencies or departments or other governmental authorities.
