Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% of the Shares held by the Shareholders at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Investors Agreement (Cable Systems Holding LLC), Investors Agreement (Ipc Information Systems Inc), Investors Agreement (Cable Systems Holding LLC)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 50% of the Shares held by the Shareholders parties to this Agreement at the time of such proposed amendment or modification.
Appears in 5 contracts
Samples: Investors' Agreement (Decisionone Holdings Corp), Investors' Agreement (Apollo Investment Fund Iii Lp), Investors' Agreement (Decisionone Holdings Corp)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board and holders of at least 5075% of the Shares shares of Voting Stock held by the Shareholders at the time of such proposed amendment or modification.
Appears in 3 contracts
Samples: Shareholders' Agreement (Nextel Communications Inc), Shareholders' Agreement (Nextel Partners Inc), Shareholders' Agreement (Nextel Partners Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company Issuer with the approval of the Board and holders of Securityholders holding or having the right to acquire at least 5085% of the Shares Fully Diluted Common Stock held by the Shareholders at the time of such proposed amendment or modificationparties to this Agreement.
Appears in 2 contracts
Samples: Securityholders Agreement (Phase Metrics Inc), Securityholders Agreement (Santa Barbara Metric Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board and holders of Stockholders holding at least 5075% of the outstanding Common Shares held by the Shareholders parties hereto at the time of such proposed amendment or modification; provided that any amendment or modification which adversely and disproportionately affects the rights of any party hereto must be approved by such party.
Appears in 2 contracts
Samples: Investors' Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Investors' Agreement (Insilco Holding Co)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board and holders of Stockholders holding at least 5075% of the Shares held by the Shareholders at the time of such proposed amendment or modificationoutstanding Shares.
Appears in 2 contracts
Samples: Investors' Agreement (Audio International Inc), Investors' Agreement (Decrane Aircraft Holdings Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% of the Shares held by the Shareholders at the time of such proposed amendment or modificationboth parties.
Appears in 2 contracts
Samples: Put Option Agreement (Waste Management Inc), Put Option Agreement (California Coastal Communities Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% of the Shares held by the Shareholders at the time of such proposed amendment or modification.writing
Appears in 1 contract
Samples: Investors' Agreement (Thermadyne Holdings Corp /De)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board and holders of Holders holding at least 5075% of the Shares held by the Shareholders at the time of such proposed amendment or modificationoutstanding Registrable Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Decrane Aircraft Holdings Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed signed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed signed by the Company and holders of at least 50% all of the Shares held by parties who would have any rights or obligations under the Shareholders at relevant provision the time Agreement. This Agreement shall terminate on the day following the last day of such proposed amendment or modificationthe Put Term.
Appears in 1 contract
Samples: Put and Right of First Refusal Agreement (Tc Group LLC)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with approval of the Board of Directors and holders of at least 5075% of the Shares held by the Shareholders parties to this Agreement at the time of such proposed amendment or modification.
Appears in 1 contract
Samples: Investors' Agreement (Formica Corp)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by Bxxx with the Company approval of the Board and holders of Shareholders holding at least 5085% of the Shares held by the Shareholders at the time of such proposed amendment or modificationStock.
Appears in 1 contract
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement Articles 5 and 6 may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% Acquiror with the approval of the Shares held Board and each Stockholder and no provision of Articles 2, 3 and 4 may be amended or otherwise modified except by the Shareholders at the time of such proposed amendment or modificationan instrument in writing executed by each Stockholder.
Appears in 1 contract
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% each of the Shares held by the Shareholders at the time of such proposed amendment or modificationAgreement Parties.
Appears in 1 contract
Samples: Investment Agreement (Security Associates International Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board and holders of Stockholders holding at least 5075% of the Shares held by the Shareholders at the time of such proposed amendment or modificationoutstanding Shares.
Appears in 1 contract
Samples: Stockholders Agreement (Mueller Holdings (N.A.), Inc.)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company with the approval of the Board and holders of Shareholders holding or having the right to acquire at least 5085% of the Shares held by the Shareholders at the time of such proposed amendment or modificationShares.
Appears in 1 contract
Samples: Shareholders Agreement (Brand Scaffold Services Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% of the Shares held by the Shareholders at the time of such proposed amendment or modificationeach party.
Appears in 1 contract
Samples: Hotel Properties Agreement (Bristol Hotels & Resorts Inc)
Amendment; Waiver; Termination. (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company Issuer with the approval of the Board and holders of Stockholders holding or having the right to acquire at least 5085% of the Shares Fully Diluted Common Stock held by the Shareholders at the time of such proposed amendment or modificationparties to this Agreement.
Appears in 1 contract
