Common use of Amendments, Modification and Waiver Clause in Contracts

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Acquisition Sub or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special Committee; and provided, further, that after the Company Shareholder Approval has been obtained, there shall not be made any amendment that by Applicable Law or rule of the NYSE requires further approval by the Company's shareholders without such further approval.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards Board of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent Company and Acquisition Sub K Holdings or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, provided that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special Committee; and provided, further, provided further that after the Company Shareholder Approval has been obtainedapproval of the Charter Amendment and the Reclassification by the stockholders of the Company, there no such amendment shall not be made any amendment that by Applicable Law or rule of the NYSE requires further approval by the Company's shareholders without such further approvalexcept as allowed under applicable law.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Acquisition Sub or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special CommitteeCompany Board; and provided, further, that that, after the Company Shareholder Stockholder Approval has been obtained, there shall not be made any amendment that by Applicable Law or rule of the NYSE requires further approval by the Company's shareholders ’s stockholders without first obtaining such further approval.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Acquisition Sub or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special CommitteeCompany Board; and provided, further, that that, after the Company Shareholder Stockholder Approval has been obtained, there shall not be made any amendment that by Applicable Law or rule of the NYSE requires further approval by the Company's shareholders stockholders without such further approval.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards Board of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, 57 by the Company, Parent Holding and Acquisition Sub or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, provided that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special Committee; and providedprovided further that, further, that after the Company Shareholder Approval has been obtainedapproval of the Agreement and the Merger by the stockholders of the Company, there shall not be made any amendment that by Applicable Law or rule of law requires the NYSE requires further approval by the Company's shareholders such stockholders without such further approval.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, by action taken by or authorized by their respective Boards of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Acquisition Sub or, in the case of a waiver, by the party against whom the waiver is to be effective; provided, that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Special CommitteeCompany Board; and provided, further, that that, after the Company Shareholder Stockholder Approval has been obtained, there shall not be made any amendment that by Applicable Law or rule of the NYSE requires further approval by the Company's shareholders ’s stockholders without such further approval.