Common use of Amendment; Waivers, etc Clause in Contracts

Amendment; Waivers, etc. This Agreement may be amended, and the Company and any Stockholder may take any action herein prohibited, or omit to perform any act herein required to be performed by it, by a writing signed by the Company and Oak Hill. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms. Any Stockholder may waive (in writing) the benefit of any provision of this Agreement with respect to itself for any purpose. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Stockholder granting such waiver in any other respect or at any other time.

Appears in 2 contracts

Samples: Stockholders Agreement (RSC Holdings Inc.), Stockholders Agreement (RSC Equipment Rental, Inc.)

AutoNDA by SimpleDocs

Amendment; Waivers, etc. This Agreement may be amended, amended only with the written consent of (i) each Designating Stockholder and (ii) Holders of at least 50% of the Company and any Stockholder may take any action herein prohibited, or omit to perform any act herein required to be performed by it, by a writing signed outstanding shares of Class A Common Stock held by the Company and Oak HillClass A Common Stockholders whose consent is not required under clause (i) above. The failure of any party hereto to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms. Any Stockholder party hereto may waive (in writing) the benefit of any provision of this Agreement with respect to itself for any purpose. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Stockholder party granting such waiver in any other respect or at any other time.

Appears in 1 contract

Samples: Class a Voting Agreement (MxEnergy Holdings Inc)

Amendment; Waivers, etc. This Agreement may be amended, amended only with the written consent of (i) each Designating Stockholder and (ii) Holders of at least 50% of the Company and any Stockholder may take any action herein prohibited, or omit to perform any act herein required to be performed by it, by a writing signed outstanding shares of Class C Common Stock held by the Company and Oak HillClass C Common Stockholders whose consent is not required under clause (i) above. The failure of any party hereto to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms. Any Stockholder party hereto may waive (in writing) the benefit of any provision of this Agreement with respect to itself for any purpose. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Stockholder party granting such waiver in any other respect or at any other time.

Appears in 1 contract

Samples: Class C Voting Agreement (MxEnergy Holdings Inc)

AutoNDA by SimpleDocs

Amendment; Waivers, etc. This Agreement may be amended, and the Company and any Stockholder may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if any such amendment, action or omission to act, has been approved by a writing signed by the Company and Oak Hilleach Stockholder. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms. Any Stockholder may waive (in writing) the benefit of any provision of this Agreement with respect to itself for any purpose. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Stockholder granting such waiver in any other respect or at any other time.

Appears in 1 contract

Samples: Stockholder Agreement (Octavian Global Technologies, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.