Common use of Amendment Provision Clause in Contracts

Amendment Provision. The term “Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, then as so amended or supplemented. The Company may from time to time supplement or amend this Note without the approval of any Company Notes (as defined below) in order to cure any ambiguity or to be correct or supplement any provision contained herein which may be defective or inconsistent with any other provision, or to make any other provisions in regard to matters or questions herein arising hereunder which the Company may deem necessary or desirable and which shall not materially adversely affect the interest of the Holder. This Note is one of a series of Notes of like tenor issued by the Company pursuant to the Transaction Documents (collectively, the “Company Notes”). Any term of this Note may be amended or waived upon the written consent of the Company and the holders of Company Notes representing over 50% of the Conversion Shares then subject to all outstanding Company Notes (the “Majority Holders”); provided, that (x) any such amendment or waiver must apply to all Company Notes; and (y) the Maturity Date may not be amended and the right to convert this Note may not be waived in any manner adverse to the Holder, without the written consent of the Holder.

Appears in 6 contracts

Samples: STW Resources Holding Corp., STW Resources Holding Corp., SKM Media Corp.

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Amendment Provision. The term “Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, then as so amended or supplemented. The Company may from time to time supplement or amend this Note without the approval of any Company holder of Notes (as defined below) in order to cure any ambiguity or to be correct or supplement any provision contained herein which may be defective or inconsistent with any other provision, or to make any other provisions in regard to matters or questions herein arising hereunder which the Company may deem necessary or desirable and which shall not materially adversely affect the interest of the Holderholder. This Note is one of a series of Notes of like tenor issued by the Company pursuant to the Transaction Documents PPM in an aggregate principal amount of up to $1,500,000 (collectively, the “Company Notes”). Any term of this Note may be amended or waived upon the written consent of the Company and the holders of Company Notes representing over 50% of the Conversion Shares number of shares of Common Stock then subject to all outstanding Company Notes (the “Majority Holders”); provided, that (x) any such amendment or waiver must apply to all Company Notes; and (y) the number of Conversion Shares subject to this Note, the Conversion Price and the Maturity Date may not be amended amended, and the right to convert this Note may not be altered or waived in any manner adverse to the Holder, without the written consent of the Holder.

Appears in 1 contract

Samples: China Agri-Business, Inc.

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Amendment Provision. The term “Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, then as so amended or supplemented. The Company may from time to time supplement or amend this Note without the approval of any Company holder of Notes (as defined below) in order to cure any ambiguity or to be correct or supplement any provision contained herein which may be defective or inconsistent with any other provision, or to make any other provisions in regard to matters or questions herein arising hereunder which the Company may deem necessary or desirable and which shall not materially adversely affect the interest of the Holder. This Note is one of a series of Notes of like tenor issued by the Company pursuant in an aggregate principal amount of up to the Transaction Documents $5,000,000 (collectively, the “Company Notes”). Any In addition to any amendment permitted by the foregoing provisions of this Section 4.3, any term of this Note may be amended or waived upon the written consent of the Company and the holders of Company Notes representing over 50% of the Conversion Shares then subject to number of shares of Common Stock into which all outstanding Company Notes may be converted (the “Majority Holders”); providedprovided , that (x) any such amendment or waiver must apply to all Company Notes; and (y) the number of Conversion Shares subject to this Note, the Conversion Price and the Maturity Date may not be amended amended, and the right to convert this Note may not be altered or waived in any manner adverse to the Holder, without the written consent of the Holder. In addition to the foregoing, this Note may be amended in any respect upon the written consent of the Company and the Holder.

Appears in 1 contract

Samples: Yi Xin International Copper, Inc.

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