Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument in writing signed by the parties hereto.

Appears in 911 contracts

Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)

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Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 138 contracts

Samples: Incentive Unit Award Agreement (Bumble Inc.), E Share Award Agreement (Apollo Infrastructure Co LLC), Incentive Unit Award Agreement (Bumble Inc.)

Amendment; Waiver. No provision of this Agreement may be modified, amended or waived except by an instrument in writing signed by the parties heretoboth parties.

Appears in 78 contracts

Samples: Severance and Change of Control Agreement (Stratus Properties Inc), Severance and Change of Control Agreement (Stratus Properties Inc), Severance Agreement

Amendment; Waiver. No provision of this Agreement may be amended amended, otherwise modified or waived except by an instrument in writing signed by the parties hereto.

Appears in 29 contracts

Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)

Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties, unless permitted by Section 2.7(a).

Appears in 25 contracts

Samples: Change of Control Agreement (Gulf Island Fabrication Inc), Change of Control Agreement (Gulf Island Fabrication Inc), Change of Control Agreement (Gulf Island Fabrication Inc)

Amendment; Waiver. No provision of this (a) This Agreement may not be amended or waived except by an instrument in writing signed by on behalf of each of the parties hereto.

Appears in 24 contracts

Samples: Voting and Support Agreement (Earthstone Energy Inc), Voting and Support Agreement (Earthstone Energy Inc), Voting and Support Agreement (Earthstone Energy Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except modified only by an a written instrument in writing duly signed by the parties hereto, and any provision hereof may be waived only by a written instrument duly signed by the party against whom enforcement of such waiver is sought.

Appears in 19 contracts

Samples: Agreement and Plan of Merger (Fortune Rise Acquisition Corp), Escrow Agreement (Australian Oilseeds Holdings LTD), Escrow Agreement (Reviva Pharmaceuticals Holdings, Inc.)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 16 contracts

Samples: Employment Agreement (St John Knits International Inc), Subscription and Tender Agreement (Vestar Sheridan Inc), Subscription and Tender Agreement (Vestar Sheridan Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties heretoparties. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.

Appears in 14 contracts

Samples: Option Agreement (Kite Realty Group Trust), Option Agreement (Kite Realty Group Trust), Option Agreement (Kite Realty Group Trust)

Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument unless such amendment is approved in writing signed by the parties hereto. No provision of this Agreement may be waived unless such waiver is in writing and signed by the party against whom the waiver is to be effective.

Appears in 13 contracts

Samples: Reorganization Agreement (TWFG, Inc.), Reorganization Agreement (TWFG, Inc.), Management Incentive Unit Agreement (BRP Group, Inc.)

Amendment; Waiver. No provision of this Agreement may be amended amended, supplemented or modified except by a written instrument signed by all the Parties. No provision of this Agreement may be waived except by an a written instrument in writing signed by the parties heretoParty against whom the waiver is to be effective. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 11 contracts

Samples: Transition Services Agreement (American International Group, Inc.), Transition Services Agreement (Corebridge Financial, Inc.), Transition Services Agreement (Brighthouse Financial, Inc.)

Amendment; Waiver. No provision of Except with respect to Exhibit A or as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties hereto.

Appears in 10 contracts

Samples: Investment Management Agreement, Investment Management Agreement (JPMorgan Trust I), Investment Management Agreement (JPMorgan Trust I)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.

Appears in 9 contracts

Samples: Standstill Agreement (U-Store-It Trust), Modification of Noncompetition Agreement (U-Store-It Trust), Modification of Noncompetition Agreement (U-Store-It Trust)

Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except waived, other than through a written instrument adopted, executed and agreed to by an instrument in writing signed by each of the parties Parties hereto.

Appears in 9 contracts

Samples: Unitholders Agreement, Unitholders Agreement, Common Unit Repurchase Agreement (Sunoco LP)

Amendment; Waiver. No provision of this This Agreement may not be amended or amended, nor may any rights under it be waived except by an instrument in writing signed by the parties heretoboth parties.

Appears in 8 contracts

Samples: Business and Asset Purchase Agreement (B2Digital, Inc.), Agreement (B2Digital, Inc.), Asset Purchase Agreement (PunchFlix, Inc.)

Amendment; Waiver. This Agreement may only be amended by a ----------------- written agreement signed by each of the parties hereto. No waiver of any Section of provision of this Agreement may will be amended or waived except by an instrument valid unless in a writing signed by the parties heretoparty to be charged and only to the extent set forth in that writing.

Appears in 8 contracts

Samples: Retention Bonus Agreement (Protocol Systems Inc/New), Retention Bonus Agreement (Protocol Systems Inc/New), Retention Bonus Agreement (Protocol Systems Inc/New)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties heretoparty sought to be charged with such amendment or waiver.

Appears in 7 contracts

Samples: Agreement (Graham Packaging Acquisition Corp.), Venture Agreement (Penske Automotive Group, Inc.), Venture Agreement (Penske Automotive Group, Inc.)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder by waived except by an instrument in writing signed by the parties hereto.

Appears in 7 contracts

Samples: Procurement Agreement (ORBCOMM Inc.), Orbcomm System Procurement Agreement (Orbcomm Global L P), Orbcomm Procurement Agreement (ORBCOMM Inc.)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in writing executed by the party so waiving.

Appears in 7 contracts

Samples: Stock Option Award Agreement (Michael Foods Inc/New), Stock Option Award Agreement (Mg Waldbaum Co), Stock Option Award Agreement (Michael Foods Inc/New)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except modified, or any provision hereof waived, other than by an instrument in writing signed a written agreement executed by the parties heretohereto or any of their respective successors and assigns.

Appears in 7 contracts

Samples: Restricted Stock Unit Agreement (Morgans Hotel Group Co.), Limited Liability Company Agreement (Morgans Hotel Group Co.), Plan Award Agreement (Morgans Hotel Group Co.)

Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties.

Appears in 6 contracts

Samples: Chairman Agreement, Consulting Agreement (Rockwell Collins Inc), Transition and Consulting Agreement (Rockwell Collins Inc)

Amendment; Waiver. No provision of this Agreement may be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.

Appears in 5 contracts

Samples: Common Stock and Warrants Subscription Agreement (Software Net Corp), Stock Purchase Agreement (Banc Corp), Contribution Agreement (Simon Property Group Lp)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by all of the parties hereto.

Appears in 4 contracts

Samples: Stock Transfer Agreement (Kojaian C Michael), Stock Transfer Agreement (Kojaian C Michael), Unit Purchase Agreement (Kojaian Ventures LLC)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto.

Appears in 4 contracts

Samples: And Voting Agreement, Irrevocable Proxy and Voting Agreement (Proxicom, Inc.), Voting Agreement (Marlin Capital Lp)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified ----------------- except by an instrument in writing signed by the parties heretoparties.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Artificial Life Inc), Exchange Agreement (Boxall Alexander Peter), Repayment Agreement (Boxall Alexander Peter)

Amendment; Waiver. No provision of this Agreement may be modified, amended or waived except by an instrument in writing signed by the parties heretoboth Parties.

Appears in 3 contracts

Samples: Form of Severance and Change of Control Agreement (Tidewater Inc), Executive Employment Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto.. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving

Appears in 3 contracts

Samples: Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.)

Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except by an waived, other than through a written instrument in writing signed adopted, executed and agreed to by the parties hereto.

Appears in 3 contracts

Samples: Unit Redemption Agreement (First Wind Holdings Inc.), Noncompetition, Confidentiality and Release Agreement (First Wind Holdings Inc.), Unit Redemption Agreement (First Wind Holdings Inc.)

Amendment; Waiver. No provision of Neither this Agreement nor any of the terms hereof may be amended terminated, amended, supplemented, waived or waived modified except by an instrument in writing signed by the parties hereto.

Appears in 3 contracts

Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Recognition Agreement (Wells Timberland REIT, Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended and no term or condition hereof may be waived except by an instrument in writing signed executed by the parties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Medical Industries of America Inc), Voting Agreement (Video Update Inc), Voting Agreement (Moovies Inc)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties hereto.

Appears in 3 contracts

Samples: Investment Management Agreement, Investment Management Agreement (J.P. Morgan Exchange-Traded Fund Trust), Investment Management Agreement (J.P. Morgan Exchange-Traded Fund Trust)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an ----------------- instrument in writing signed by the parties hereto.

Appears in 3 contracts

Samples: Stock Option Agreement (Advance Holding Corp), Proxy and Voting Agreement (Advance Stores Co Inc), Voting Agreement (Advance Stores Co Inc)

Amendment; Waiver. This Agreement may be amended only by a written instrument signed by each of the parties hereto. No provision of this Agreement may be amended extended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such extension or waiver is sought.

Appears in 3 contracts

Samples: Stock Repurchase Agreement (Avanade Inc.), Stock Purchase Agreement (Avanade Inc.), Stock Purchase Agreement (Avanade Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto. No provision or obligation in this Agreement may be waived except by an instrument in writing signed by the waiving party.

Appears in 3 contracts

Samples: Loan and Security Agreement (Kips Bay Medical, Inc.), Loan and Security Agreement (Kips Bay Medical, Inc.), Agreement (Kips Bay Medical, Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived changed except by an instrument in writing signed by the parties hereto.

Appears in 2 contracts

Samples: Voting and Distribution Agreement (Peregrine Systems Inc), Voting and Distribution Agreement (Peregrine Systems Inc)

Amendment; Waiver. No provision of this the Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties.

Appears in 2 contracts

Samples: Retirement and Separation Agreement, Retirement and Separation Agreement (Atwood Oceanics Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or amended, nor may any rights under it be waived except by an instrument in writing signed by the parties heretoboth Parties.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Digital Turbine, Inc.), Asset Purchase Agreement (Digital Turbine, Inc.)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any provision hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 2 contracts

Samples: Subscription Agreement (Bar Technologies Inc), Technology Purchase Agreement (Spatial Technology Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto.. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving. 7.7

Appears in 2 contracts

Samples: Management Unit Subscription Agreement (PGA Holdings, Inc.), Management Unit Subscription Agreement (PGA Holdings, Inc.)

Amendment; Waiver. This Agreement may not be amended except by a writing duly signed by the parties. No provision party may waive any of the terms or conditions of this Agreement may be amended or waived except by an instrument in a duly signed writing signed by referring to the parties heretospecific provision to be waived.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Liberty Media Corp /De/), 8 Stock Purchase Agreement (General Communication Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof will be effective unless set forth in a writing executed by the party so waiving.

Appears in 2 contracts

Samples: LLC Unit Award Agreement (Signify Health, Inc.), Phantom Share Award Agreement (Cadre Holdings, Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by each of the parties hereto. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.

Appears in 2 contracts

Samples: Right of First Offer Agreement (Farmland Partners Inc.), Right of First Offer Agreement (Farmland Partners Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing signed by all the parties hereto. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof.

Appears in 2 contracts

Samples: Escrow Agreement (Ascent Media CORP), Escrow Agreement (Ascent Media CORP)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or waived amended, nor may any rights hereunder be waived, except by an instrument in writing signed by the party sought to be charged with such amendment or waiver and, in each case, the written approval of the parties hereto.

Appears in 2 contracts

Samples: Collateral Management Agreement (COHEN & Co INC.), Collateral Management Agreement (COHEN & Co INC.)

Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in any manner except by an instrument in writing signed by all the parties hereto. Failure to exercise any rights hereunder shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Employment Agreement (Nam Corp), Employment Agreement (Nam Corp)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written --- ----------------- instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 2 contracts

Samples: Stock Purchase Agreement (M Foods Investors LLC), Exhibit 1 (M Foods Investors LLC)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto; provided that the Company may amend this Agreement, in its sole discretion, to the extent such amendment is not materially adverse to the Participant’s rights hereunder. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 2 contracts

Samples: Management Equity Subscription Agreement (Gates Industrial Corp PLC), Management Equity Subscription Agreement (Gates Industrial Corp PLC)

Amendment; Waiver. No provision The provisions of this Agreement may not be amended amended, supplemented, waived or waived except changed orally, but only by an instrument in a writing signed by the parties hereto.party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement;

Appears in 2 contracts

Samples: Agreement (Club Regina Resorts Inc), Club Regina Resorts Inc

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended changed, altered or waived except amended, nor may any rights hereunder be waived, by an instrument in writing signed by the parties heretoparty sought to be charged with such amendment or waiver.

Appears in 2 contracts

Samples: Fossil Inc, Fossil Inc

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written ----------------- instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 2 contracts

Samples: Registration Rights Agreement (Digital Video Systems Inc), Registration Rights Agreement (Digital Video Systems Inc)

Amendment; Waiver. No provision of this Agreement may ----------------- be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.

Appears in 1 contract

Samples: Subscription Agreement (Superior Financial Corp /Ar/)

Amendment; Waiver. No provision of this Agreement may be amended or waived except unless by execution of an instrument in writing signed by on behalf of the parties heretoparty against whom enforcement is sought.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Alj Regional Holdings Inc)

Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in any manner except by an instrument in writing signed by the parties hereto.. The waiver by

Appears in 1 contract

Samples: Employment Agreement (BTG Inc /Va/)

Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except waived, other than through a written instrument adopted, executed and agreed to by an instrument in writing signed by each of the parties Parties hereto.. Section 6.5

Appears in 1 contract

Samples: Redemption and Transfer Agreement

Amendment; Waiver. No provision of Neither this Agreement nor any provision hereof ----------------- may be amended amended, modified, supplemented or waived waived, except by an a written instrument in writing signed executed by all of the parties hereto.

Appears in 1 contract

Samples: Investor Rights Agreement (Cahill Edward L)

Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in manner except by an instrument in writing signed by all the parties hereto. Failure to exercise any rights hereunder shall not constitute a waiver of such rights.

Appears in 1 contract

Samples: Employment Agreement (Clicknsettle Com Inc)

Amendment; Waiver. No This Agreement may not be modified, superseded, terminated or amended and no provision of this Agreement may be amended or waived waived, except by an instrument in a writing and signed by the parties hereto.

Appears in 1 contract

Samples: Rescission and Termination Agreement (Sitoa Global Inc.)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties heretoParties.

Appears in 1 contract

Samples: Contribution Agreement (Telemundo Holding Inc)

Amendment; Waiver. No provision of this Agreement may be amended or ------------------ waived except by an instrument in writing signed by the parties hereto.

Appears in 1 contract

Samples: Structuring Fee Agreement (Nuveen Equity Premium Advantage Fund)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any provision hereof will be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Put Option Agreement (Allmerica Financial Corp)

Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties hereto.both parties, unless permitted by Section 2.7(a). Exhibit 10.12

Appears in 1 contract

Samples: Change of Control Agreement (Gulf Island Fabrication Inc)

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Amendment; Waiver. This Agreement may be amended only by a written ----------------- instrument signed by all of the parties hereto. No provision of this Agreement may be amended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Agreement (Ratos Acquisition Corp)

Amendment; Waiver. No This Agreement may not be amended and no provision of this Agreement may be amended or waived except by an instrument in writing signed by the parties hereto.

Appears in 1 contract

Samples: Stockholder Agreement (Arvin Industries Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing signed by the parties heretoparties.

Appears in 1 contract

Samples: Option Agreement (Artificial Life Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the both parties hereto. No waiver by any party hereto of any provision hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (7 Days Group Holdings LTD)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived amended, except by an instrument in writing signed by each party and no party may waive compliance with any of the parties heretoagreements or terms and conditions contained in this Agreement except by an instrument in writing.

Appears in 1 contract

Samples: Offer Agreement (Danaher Corp /De/)

Amendment; Waiver. No provision of this Agreement Except as expressly provided herein, no change or amendment may be amended or waived made to this Restated Agreement except by an instrument in writing signed by on behalf of each of the parties hereto. No term or provision hereof may be waived by a party except by an instrument in writing signed on behalf of the party waiving compliance thereto.

Appears in 1 contract

Samples: Managed Care Agreement (Medco Health Solutions Inc)

Amendment; Waiver. No provision of this Agreement may be amended amended, ---------------- waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.

Appears in 1 contract

Samples: Common Stock and Warrant Subscription Agreement (Oxis International Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties heretohereto against whom such amendment or waiver is sought to be enforced. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Subscription Agreement (Vivint Solar, Inc.)

Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument unless the amendment or waiver is in writing and signed by the parties heretoparties.

Appears in 1 contract

Samples: Trust Agreement

Amendment; Waiver. No provision of this This Agreement may not be amended or any provision hereof waived in whole or in part except by an instrument in a writing signed by the parties hereto.

Appears in 1 contract

Samples: Confidentiality and Non Disclosure Agreement

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a ---------------------- written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Designated Manager Subscription Agreement (Cbre Holding Inc)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written ---- ----------------- instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Management Stock Purchase And (M Foods Investors LLC)

Amendment; Waiver. No provision of this Agreement may be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.. The parties, however, agree to use their respective best efforts to negotiate any amendments or supplemental

Appears in 1 contract

Samples: Common Stock Subscription Agreement (N2k Inc)

Amendment; Waiver. No provision of this (a) This Agreement may not be amended or waived modified, and no obligation or right hereunder may be waived, except by an instrument in writing signed by the parties hereto.

Appears in 1 contract

Samples: Support Agreement (Lifeway Foods Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived ----------------- modified except by an instrument in writing signed by the parties heretoparties.

Appears in 1 contract

Samples: Exchange Agreement (Advanced Deposition Technologies Inc)

Amendment; Waiver. No provision of Neither this Agreement nor any provision ----------------- hereof may be amended amended, modified, supplemented or waived waived, except by an a written instrument in writing signed executed by all of the parties hereto.

Appears in 1 contract

Samples: Investor Rights Agreement (Touchstone Applied Science Associates Inc /Ny/)

Amendment; Waiver. No provision of this Agreement may be amended amended, ----------------- waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.

Appears in 1 contract

Samples: Common Stock and Warrant Subscription Agreement (Oxis International Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived amended, and no portion hereof may be waived, except by an instrument in a writing signed by each of the parties heretoParties.

Appears in 1 contract

Samples: Servicer Participation Agreement

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties Parties hereto. No waiver by any Party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the Party so waiving.

Appears in 1 contract

Samples: Founder Agreement (Bumble Inc.)

Amendment; Waiver. No provision of Except as otherwise provided herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the party sought to be charged with such amendment or waiver and, in each case, the written approval of the parties hereto.

Appears in 1 contract

Samples: Interim Investors Agreement

Amendment; Waiver. No provision of this This Agreement may be amended modified or waived except amended, and any provision hereof may be waived, only by an a written instrument in writing signed by each of the parties hereto.

Appears in 1 contract

Samples: Software Assets Purchase Agreement (Infinite Group Inc)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties Parties hereto. Any agreement on the part of a Party hereto to the waiver of any provision of this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Stock Purchase Agreement (Precision Aerospace Components, Inc.)

Amendment; Waiver. This Agreement may be amended only by a written instrument signed by all of the parties hereto. No provision of this Agreement may be amended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Agreement to Tender Agreement (Farr Co)

Amendment; Waiver. No provision of this This Agreement may be amended only by an ----------------- instrument in writing executed by each of the parties hereto. This Agreement cannot be changed or waived except terminated orally and no waiver of compliance with any provisions or condition hereof and no consent provided for herein shall be effective unless evidenced by an instrument in writing signed duly executed by the parties heretoparty granting such waiver or consent.

Appears in 1 contract

Samples: Acquisition Agreement (Positron Corp)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an a written instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be implied from any course of dealing between or among the parties hereto or from any failure by any party hereto to assert its rights hereunder on any occasion or series of occasions.

Appears in 1 contract

Samples: Management Agreement (Witter Dean Cornerstone Fund Iii)

Amendment; Waiver. No provision of this This Agreement may not be amended amended, or waived any provision waived, except by an instrument in writing signed by on behalf of each of the parties hereto.Parties. Section 10.10

Appears in 1 contract

Samples: Asset Purchase Agreement

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a ----------------------- written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.

Appears in 1 contract

Samples: Employee Subscription Agreement (Cbre Holding Inc)

Amendment; Waiver. No provision of this This Agreement may be amended amended, supplemented or waived except otherwise modified only by an a written instrument in writing signed executed by the parties hereto.. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the

Appears in 1 contract

Samples: Purchase Agreement (Pool Energy Services Co)

Amendment; Waiver. No provision of this This Agreement may not be amended modified, amended, or waived in any manner, except by an instrument in writing signed by the parties hereto.both parties

Appears in 1 contract

Samples: Employment Agreement (Electriq Power Holdings, Inc.)

Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or waived amended, nor may any rights hereunder be waived, except by an instrument in writing signed by the both parties hereto.

Appears in 1 contract

Samples: Transition Services Agreement (Institutional Financial Markets, Inc.)

Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing and signed by the parties heretoboth parties.

Appears in 1 contract

Samples: Interim Employment Agreement (Camelot Entertainment Group, Inc.)

Amendment; Waiver. (a) No provision of this Agreement may be amended or waived except by an instrument in writing signed executed by the parties heretoparty against whom the waiver is to be effective.

Appears in 1 contract

Samples: Subscription Agreement (Enstar Group LTD)

Amendment; Waiver. No provision of this This Agreement may be amended amended, supplemented or waived except otherwise modified only by an a written instrument in writing signed executed by the parties hereto.. No waiver by any party of any of the provisions

Appears in 1 contract

Samples: Stockholders Agreement (Warburg Pincus Private Equity Viii L P)

Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving. 7.8.

Appears in 1 contract

Samples: Incentive Unit Grant Agreement

Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument waived, unless in writing signed by the parties heretoparty against whom enforcement may be made.

Appears in 1 contract

Samples: Employment Agreement (General Housewares Corp)

Amendment; Waiver. 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 waived otherwise modified except by an instrument in writing signed executed by the parties each party hereto.

Appears in 1 contract

Samples: Joinder Agreement (Adama Agricultural Solutions Ltd.)

Amendment; Waiver. No provision of Except as expressly provided herein, no change ----------------- or amendment may be made to this Agreement may be amended or waived except by an instrument in writing signed by on behalf of each of the parties hereto. No term or provision hereof may be waived by a party except by an instrument in writing signed on behalf of the party waiving compliance thereto.

Appears in 1 contract

Samples: Agreement (Merck Medco Managed Care LLC)

Amendment; Waiver. No provision of this Agreement may be amended or waived ----------------- except by an instrument in writing signed executed by the party against whom the waiver is to be effective. No provision of this Agreement (including the Exhibits and Schedules hereto) may be amended or otherwise modified except by an instrument in writing executed by or on behalf of each of the parties hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (SDW Holdings Corp)

Amendment; Waiver. No provision of this This Agreement may not be altered, amended or waived supplemented, or any provision herein waived, except by an instrument agreement in writing signed by each of the parties hereto.

Appears in 1 contract

Samples: Warrant Termination Agreement (Mallinckrodt PLC)

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