Common use of Amendments; Waiver Clause in Contracts

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 55 contracts

Samples: Securities Purchase Agreement (EnteroMedics Inc), Securities Purchase Agreement (Medwave Inc), Securities Purchase Agreement (EnteroMedics Inc)

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Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company Company, the Selling Stockholder and a majority in interest of the InvestorHolders. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ediets Com Inc), Registration Rights Agreement (Ediets Com Inc), Registration Rights Agreement (Ediets Com Inc)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorPurchaser, and each of them. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Maxwell Technologies Inc), Stock Purchase Agreement (Maxwell Technologies Inc), Stock Purchase Agreement (Maxwell Technologies Inc)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorHolders. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 3 contracts

Samples: Registration Rights Agreement (Ediets Com Inc), Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)

Amendments; Waiver. This Except insofar as assignments are permitted under this Agreement, this Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorRockwell. Any waiver of a provision of this Agreement must be in writing and executed by the party Party against whom enforcement of such waiver is sought.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Rockwell Automation Inc), Registration Rights Agreement (Rockwell Automation Inc), Registration Rights Agreement (PTC Inc.)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the Investorall Holders. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and a majority in interest of the InvestorHolders. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Registration Rights Agreement (Symbollon Corp), Registration Rights Agreement (Symbollon Corp)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the each Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Waiver of Right of First Refusal (Quantum Fuel Systems Technologies Worldwide Inc), Settlement Agreement and Waiver of Right of First Refusal (Quantum Fuel Systems Technologies Worldwide Inc)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorInvestors. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Symbollon Corp), Securities Purchase Agreement (Symbollon Corp)

Amendments; Waiver. This Agreement may be amended, supplemented or modified only by execution of a written instrument signed by the Company, the Subscriber and Borqs. This Agreement may not be modified or amended waived except pursuant to by an instrument in writing signed by the Company and the Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is soughtsought (and, with respect to any waiver by the Company, Borqs).

Appears in 2 contracts

Samples: Backstop and Subscription Agreement (Pacific Special Acquisition Corp.), Backstop and Subscription Agreement (Borqs Technologies, Inc.)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company Company, the Selling Stockholder and the InvestorHolder. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)

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Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company Seller and the Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ediets Com Inc), Securities Purchase Agreement (Prides Capital Partners, LLC)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company SoftBrands and the Investoreach Holder. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Dividend Payment Agreement (SoftBrands, Inc.)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorPurchaser. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Payment Technologies Inc)

Amendments; Waiver. This The provisions of this Agreement may not be modified or amended only by the mutual written agreement of the Company and each of the Sellers. No provision of this Agreement may be waived except pursuant to by an instrument in writing signed by the Company and the Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such the waiver is soughtto be effective.

Appears in 1 contract

Samples: Registration Rights Agreement (FXCM Inc.)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorPurchasers, and each of them. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Stock Purchase Agreement (Maxwell Technologies Inc)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the each Investor. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Registration Rights Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Amendments; Waiver. This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the InvestorHolder. Any waiver of a provision of this Agreement must be in writing and executed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Registration Rights Agreement (Smart Online Inc)

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