Common use of Amendments, Modifications and Waivers Clause in Contracts

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Investor.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Nortek Inc), Stock Purchase Agreement (Ply Gem Industries Inc), Stock Purchase Agreement (Nortek Inc)

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Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Investorholders of a majority of the aggregate principal amount of Purchased Notes issued pursuant to this Agreement and held by the Purchasers.

Appears in 1 contract

Samples: Exhibit 99 (Cardiotech International Inc)

Amendments, Modifications and Waivers. (a) The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorPurchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mq Associates Inc)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement and the New Note may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorHolder.

Appears in 1 contract

Samples: Note Exchange Agreement (Quantumsphere, Inc.)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company Purchaser and the InvestorSeller.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Concur Technologies Inc)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorPurchasers.

Appears in 1 contract

Samples: Stock Purchase Agreement (HSW International, Inc.)

Amendments, Modifications and Waivers. (a) The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and Company, the InvestorPurchaser and, only to the extent that such modification, amendment or waiver is adverse to the interests of the Lenders, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders).

Appears in 1 contract

Samples: Securities Purchase Agreement (Pliant Corp)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and Holder. Any amendment, modification or waiver effected in accordance with this paragraph shall be binding on any subsequent Holder and the InvestorCompany.

Appears in 1 contract

Samples: Securities Purchase Agreement (Official Information Co)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by Parent, the Company and the InvestorHolder.

Appears in 1 contract

Samples: Note Exchange Agreement (Empire Resorts Inc)

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Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Investor.holders of a majority of the Purchased Units;

Appears in 1 contract

Samples: Common Unit Purchase Agreement (Donjoy LLC)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorPurchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ucap Inc)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorParties hereto.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Deal a Day Group Corp.)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the Investorholders of a majority of the Purchased Shares and the Purchased Warrants issued pursuant to this Agreement and held by Investors.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Safety 1st Inc)

Amendments, Modifications and Waivers. The terms and provisions of this Agreement and the New Notes may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the Company and the InvestorRequired Holders.

Appears in 1 contract

Samples: Note Exchange Agreement (Healthcare Acquisition Corp)

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