Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 520 contracts
Samples: Unit Subscription Agreement (Eureka Acquisition Corp), Non Redemption and Investment Agreement (Pegasus Digital Mobility Acquisition Corp.), Non Redemption Agreement and Assignment of Economic Interest (BlueRiver Acquisition Corp.)
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 238 contracts
Samples: Private Placement Units Purchase Agreement (Jupiter Wellness Acquisition Corp.), Private Placement Unit Subscription Agreement (Jupiter Acquisition Corp), Sponsor Private Placement Units Purchase Agreement (InterPrivate III Financial Partners Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 193 contracts
Samples: Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement will be effective until approved in a manner consistent with the Investment Company Act, rules and regulations under the Investment Company Act and any applicable SEC or SEC staff guidance or interpretation.
Appears in 172 contracts
Samples: Investment Advisory Agreement (Alpine Equity Trust), Investment Management Agreement (Deutsche Market Trust), Investment Management Agreement (DWS Money Market Trust)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which an enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 151 contracts
Samples: Joint Fund Administration and Transfer Agency Agreement (Nationwide Variable Insurance Trust), Master Administrative Services Agreement (Evergreen Equity Trust /De/), Master Administrative Services Agreement (Evergreen Money Market Trust)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.
Appears in 120 contracts
Samples: Amended and Restated (John Hancock Investment Trust), Chief Compliance Officer (John Hancock Investment Trust Ii), Chief Compliance Officer (John Hancock Bond Trust)
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.
Appears in 54 contracts
Samples: Subscription Agreement (Datasea Inc.), Subscription Agreement (Li Xiaoping), Form of Subscription Agreement (Datasea Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 35 contracts
Samples: Loan Agreement (Exploration Co of Delaware Inc), Assignment and Assumption Agreement (SCP Pool Corp), Loan Agreement (Natural Gas Systems Inc/New)
Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 18 contracts
Samples: Purchase Agreement (Graymark Healthcare, Inc.), Consulting Agreement (Chesapeake Energy Corp), Pharmacy Purchase Agreement (Graymark Healthcare, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended--------- changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 17 contracts
Samples: Underwriting Agreement (First Usa Bank National Association), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 17 contracts
Samples: Waiver (Spatialight Inc), Waiver (Spatialight Inc), Securities Purchase Agreement (Spatialight Inc)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedmodified, waivedwaived or discharged unless such waiver, discharged modification or terminated other than by a written instrument discharge is in writing and signed by the party against whom enforcement of any such amendmentmodification, waiver, waiver or discharge or termination is soughtsought to be enforced.
Appears in 17 contracts
Samples: Restricted Stock Award Agreement (Haynes International Inc), Restricted Stock Award Agreement (Haynes International Inc), Restricted Shares Agreement (Handy & Harman Ltd.)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Investor.
Appears in 17 contracts
Samples: Investors’ Rights Agreement (Northumberland Resources, Inc.), Revolving Credit Agreement (Cesca Therapeutics Inc.), Purchase and Collaboration Agreement (Columbia Laboratories Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be terminated, amended, waivedsupplemented, discharged waived or terminated other than modified orally, but only by a written an instrument in writing which purports to terminate, amend, supplement, waive or modify this Agreement or any of the terms hereof and is signed by the party against whom which the enforcement of any such the termination, amendment, waiversupplement, discharge waiver or termination modification is sought.
Appears in 15 contracts
Samples: Purchase Agreement (Edible Garden AG Inc), Agreement for the Purchase and Sale, Agreement for the Purchase And (Reticulate Micro, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 13 contracts
Samples: Repurchase Agreement, Forbearance Agreement (Biophan Technologies Inc), Security Agreement (LSB Industries Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may shall be amended, waivedmodified, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.
Appears in 13 contracts
Samples: Asset Contribution Agreement (Biotime Inc), Registration Rights Agreement (Asterias Biotherapeutics, Inc.), Asset Contribution Agreement (Geron Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 12 contracts
Samples: Credit Agreement (Adams Golf Inc), Loan Agreement (Mattress Holding Corp.), Credit Agreement (Adams Golf Inc)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.. No material amendment to this Agreement shall be
Appears in 11 contracts
Samples: Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii)
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.
Appears in 11 contracts
Samples: Investment Advisory (Nexpoint Event-Driven Fund), And Administrative Services Agreement (Nexpoint Opportunistic Credit Fund), Investment Advisory (Nexpoint Real Estate Strategies Fund)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally or by course of dealing, but only by a written instrument statement in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 11 contracts
Samples: Note Exchange Agreement (Southwest Royalties Inc), Purchase Agreement (Rachesky Mark H Md), Subscription and Surrender Agreement (Twinlab Consolidated Holdings, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be terminated, amended, waivedsupplemented or modified orally, discharged or terminated other than but only by a written an instrument in writing signed by the party against whom which the enforcement of any such the termination, amendment, waiversupplement, discharge or termination is modification shall be sought.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Caci International Inc /De/), Stock Purchase Agreement (ICF International, Inc.), Stock Purchase Agreement (Ats Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provisions thereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 9 contracts
Samples: Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc)
Amendment. Except as expressly provided in Neither this Agreement, neither this Amendment and Termination Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be amended, waivedsupplemented, discharged waived or terminated other than modified except by a written an instrument in writing signed by each of the parties hereto or, in the case of a waiver, the party against whom which the enforcement of any such amendment, waiver, discharge or termination waiver is sought.
Appears in 8 contracts
Samples: Exchange Agreement (Carlyle Group L.P.), Exchange Agreement (EFIH Finance Inc.), Exchange Agreement (EFIH Finance Inc.)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement letter agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 7 contracts
Samples: Letter Agreement (Coherent Inc), Letter Agreement (Entrust Inc), Letter Agreement (Empire Capital Partners Lp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 7 contracts
Samples: Forbearance Agreement (TNP Strategic Retail Trust, Inc.), Fourth Forbearance and Modification Agreement (Techprecision Corp), Forbearance and Modification Agreement (Techprecision Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be amended, waivedsupplemented, discharged waived or terminated other than modified except by a written an instrument in writing signed by the party against whom which the enforcement of any such amendment, waiversupplement, discharge waiver or termination is modification shall be sought.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Canaan Inc.), Non Qualified Stock Options (WebMD Health Corp.), Non Qualified Stock Options (WebMD Health Corp.)
Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 7 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Contango Oil & Gas Co), Purchase and Sale Agreement (Gastar Exploration USA, Inc.)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Colonial Bancgroup Inc), Stock Purchase Agreement (Colonial Bancgroup Inc), Private Securities Subscription Agreement (Infinity Investors LTD)
Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing hand-signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 6 contracts
Samples: Management Services Agreement (Energy 11, L.P.), Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Energy 11, L.P.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Energy & Exploration Partners, Inc.), Purchase and Sale Agreement (Mdu Resources Group Inc), Purchase and Sale Agreement (Jones Energy, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.
Appears in 5 contracts
Samples: Branch Purchase and Assumption Agreement (Redding Bancorp), Branch Purchase and Assumption Agreement (Pacific Capital Bancorp), Branch Purchase and Assumption Agreement (North Valley Bancorp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.
Appears in 5 contracts
Samples: Settlement and Restructuring Agreement (Raptor Resources Holdings Inc.), Purchase and Sale Agreement (Cit Group Inc), Stock Purchase Agreement (Edison Renewables Inc)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided, however, that any provisions hereof may be amended, waived, discharged or terminated upon the written consent of the Company and the Warrantholder.
Appears in 4 contracts
Samples: Joint Development Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof or provision thereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthis change, waiver, discharge or termination is sought.
Appears in 4 contracts
Samples: Employment and Severance Agreement (Farm Fresh Inc), Employment and Severance Agreement (Ff Holdings Corp), Employment and Severance Agreement (Farm Fresh Inc)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties to this Agreement.
Appears in 4 contracts
Samples: Pledge and Security Agreement (TNP Strategic Retail Trust, Inc.), Pledge Agreement (Net Element International, Inc.), Irrevocable Proxy Agreement (Echo Global Logistics, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 4 contracts
Samples: Intercreditor Agreement (Drew Industries Inc), And Restated Intercreditor Agreement (Drew Industries Inc), Intercreditor Agreement (DREW INDUSTRIES Inc)
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.
Appears in 4 contracts
Samples: Securities Exchange Agreement (Mallis LTD Partnership), Securities Exchange Agreement (Fishtheworld Holdings Inc), Share Purchase Agreement (Total First Aid Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 4 contracts
Samples: Morgan Stanley Capital I Trust 2019-H7, Morgan Stanley Capital I Trust 2019-L3, Morgan Stanley Capital I Trust 2019-H6
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Management Services Agreement (Uranium Trading Corp), Management Services Agreement (Uranium Trading Corp), Administrative Services Agreement (Central GoldTrust)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be --------- amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Security Agreement (Numerical Technologies Inc), Security Agreement (Numerical Technologies Inc), Security Agreement (Numerical Technologies Inc)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor not any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided however, that holders of a majority of the Registrable Securities may waive, modify or amend on behalf of all holders, any provisions hereof.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ebiz Enterprises Inc), Registration Rights Agreement (Herman Stephen C), Registration Rights Agreement (Ebiz Enterprises Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may --------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Underwriting Agreement (First Usa Bank National Association), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, modified, waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtto be bound.
Appears in 3 contracts
Samples: Stock Subscription and Repurchase Agreement (Driveway Corp), Stock Subscription Agreement (Driveway Corp), Stock Subscription and Repurchase Agreement (Driveway Corp)
Amendment. Except as expressly provided in Neither this Agreement, neither this Amendment and Termination Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in Execution Version writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may ---------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedmodified, changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe modification, change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof --------- may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, modified, waived, discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party against whom the enforcement of any such amendmentchange, modification, waiver, discharge or termination is sought.
Appears in 3 contracts
Samples: Escrow Agreement (Great American Family Parks Inc), Escrow Agreement (Great American Family Parks Inc), Agreement for Purchase and Sale (Us Wireless Online Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in writing.
Appears in 2 contracts
Samples: Escrow Agreement (Western Water Co), Resignation Agreement and Mutual General Release (Western Water Co)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Limited Agency Agreement (South Carolina Electric & Gas Co)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged or terminated amended in any manner other than by a written instrument in writing, signed by the party Party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination amendment is sought.
Appears in 2 contracts
Samples: Employment Agreement (Go Rachels Com Corp), Employment Agreement (Go Rachels Com Corp)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof of this Agreement may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Stock Purchase and Issuance Agreement (Hylete, Inc.), Stock Purchase and Issuance Agreement (Hylete, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions --------- hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Contribution Agreement (Reckson Associates Realty Corp), Forbearance Agreement (Pgi Inc)
Amendment. Except as expressly provided in this Agreement, --------- neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Econnect), Common Stock Purchase Agreement (Econnect)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be changed, amended, modified, waived, or discharged either orally or terminated other than by a written any course of dealing, but only by an instrument in writing signed by the party against whom enforcement of any such the change, amendment, waivermodification, waiver or discharge or termination is sought.
Appears in 2 contracts
Samples: Development Agreement, Real Estate Purchase and Sale Agreement (Ames National Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provision of this Agreement may be amendedchanged, waived, discharged or terminated orally nor in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Security Agreement (Aerosonic Corp /De/), Security Agreement (Aerosonic Corp /De/)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party Party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.
Appears in 2 contracts
Samples: Share Subscription Agreement (Cintel Corp), Share Subscription Agreement (Cintel Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.. (Signature Page Follows)
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Amendment. Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing signed by all of the Members. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom the enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Amendment. Except as expressly otherwise provided in this Agreementherein, neither this Agreement --------- nor any term provisions hereof may shall be amended, waived, discharged or terminated other than by a without written instrument signed by consent of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Parties.
Appears in 2 contracts
Samples: Shareholders' Agreement (Peoplepc Inc), License Agreement (Peoplepc Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of provision hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Exchange and Sale of Stock (Evision Usa Com Inc), Stock Purchase Agreement (Evision Usa Com Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing and signed by each of the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Agreement Modifying Loan Terms (Davco Acquisition Holding Inc), Agreement Modifying Loan Terms (Friendco Restaurants Inc)
Amendment. Except as expressly provided in Neither this Agreement, neither this Modification Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Mortgage Loan Modification Agreement (High Cash Partners L P), Mortgage Loan Modification Agreement (Resources Accrued Mortgage Investors 2 Lp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be --------- waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in such writing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/), Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/)
Amendment. 20.1 Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing (i) signed by the Parties to this Agreement and (ii) expressly purporting to amend or otherwise modify this Agreement. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Shareholders Agreement (Dyadic International Inc), Shareholders Agreement (Dyadic International Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedAmended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Letter of Credit Agreement (California Beach Restaurants Inc), Letter of Credit Agreement (California Beach Restaurants Inc)
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.
Appears in 2 contracts
Samples: Non Redemption Agreement (Viveon Health Acquisition Corp.), Non Redemption Agreement (Arrowroot Acquisition Corp.)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughteach party.
Appears in 2 contracts
Samples: Escrow Agreement (OrgHarvest, Inc.), Escrow Agreement (OrgHarvest, Inc.)
Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing, signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Administrative Services Agreement (Energy Resources 12, L.P.), Administrative Services Agreement (Energy 11, L.P.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Employment Agreement (On Stage Entertainment Inc), Employment Agreement (On Stage Entertainment Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waivedmodified, waived or discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party Party against whom enforcement of any such amendmentthe enforcement, change, modification, waiver, discharge or termination is sought.
Appears in 2 contracts
Samples: Contribution Agreement, Contribution Agreement
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Struthers Inc/Sc), Common Stock Purchase Agreement (Earth Search Sciences Inc)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waivedwaives, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought, except for an automatic amendment pursuant to Section 14.
Appears in 1 contract
Samples: Non Redemption Agreement and Assignment of Economic Interest (Deep Medicine Acquisition Corp.)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, the change waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Prepayment Agreement (Universal Automotive Industries Inc /De/)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof of this Agreement may be amended, waived, discharged or terminated other than by a written instrument signed by the each party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Stock Purchase Agreement (Griffin Capital Essential Asset REIT, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may shall be amendedwaived, waivedmodified, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentwaiver, waivermodification, discharge or termination is sought.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, amended or modified except by an instrument in writing signed by all the parties hereto. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom the enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Seafoods Group LLC)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing and signed by the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
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Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the Company and the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Sponsor Warrant Subscription Agreement (CR Acquisition Corp.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought. 16.
Appears in 1 contract
Samples: Wachovia Corp/ Nc
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than terminated, except by a written instrument signed duly executed on behalf of each party hereto by the party against whom enforcement of any such amendment, waiver, discharge its duly authorized officer or termination is soughtemployee (or other authorized person).
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may shall be amendedmodified, waivedchanged, discharged or terminated other than except by a written an instrument in writing, signed by the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.
Appears in 1 contract
Samples: Subscription Agreement (Interamericas Communications Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in such writing.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated other than orally (even if supported by a written new consideration), but only by an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.
Appears in 1 contract
Samples: Participation Agreement (Energy Services of America CORP)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Master Compromise and Settlement Agreement (Terax Energy, Inc.)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written instrument an agreement in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 1 contract
Samples: Rental Management Agreement
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged or terminated amended in any manner other than by a written an instrument in writing, signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination amendment is sought.
Appears in 1 contract
Samples: Non Competition
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms or provision hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 1 contract
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 1 contract
Samples: Lien Sharing and Loan Extension Agreement (Us Dry Cleaning Corp)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, --------- waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.
Appears in 1 contract
Samples: Underwriting Agreement (First Usa Credit Card Master Trust)
Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement Company and each of any the Holders who are adversely affected by such amendment, waiver, discharge or termination. Any such amendment, waiver, discharge or termination is soughteffected in accordance with this paragraph shall be binding upon each party to this Agreement.
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Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or ---------- provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, waiver discharge or termination is sought.
Appears in 1 contract
Samples: Stock Purchase Agreement (Touchstone Applied Science Associates Inc /Ny/)
Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.
Appears in 1 contract