Amendments, Waivers and Termination. This Agreement may be amended, modified or terminated (other than pursuant to Section 5.2) and the observance of any term hereof may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a written instrument executed by (a) the Company and (b) the Supermajority Holders, provided that the consent of a particular Shareholder shall be required for any amendment or waiver if such amendment or waiver either (A) is directly applicable to the unique rights of such Shareholder set forth in the Agreement or (B) adversely affects the rights of such Shareholder in a manner that is different than the effects on the rights of the other Shareholders holding the same class or series, as the case may be, of shares in the capital of the Company. Any amendment, modification, termination or waiver so effected shall be binding upon the Company and the Shareholders and all of their respective heirs, attorneys, guardians, estate trustees, executors, trustees, successors (including any successor by reason of amalgamation of any party) and permitted assigns whether or not such party, heir, attorney, guardian, estate trustee, executor, trustee, successor or permitted assign entered into or approved such amendment, termination or waiver. The Company shall give prompt written notice of any amendment, modification or termination hereof or waiver hereunder to any party hereto that did not consent in writing to such amendment, modification, termination or waiver. No waivers of or exceptions to any term, condition or provision of this Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. Notwithstanding the foregoing, Schedule A hereto may be amended by the Company from time to time to add information regarding additional Shareholders or to reflect transfers or repurchases of shares in the capital of the Company or changes to the names of the parties without the consent of the other parties hereto.
Amendments, Waivers and Termination. As of any particular time, any term of this amendment may be amended, the observance of any term of this amendment may be waived (either generally or in a particular instance and either retroactively or prospectively), or this amendment may be terminated, in each case only with the written consent of the company and the executive. Any amendment, waiver, or termination executed in accordance with this section 4 will be binding upon the executive, the company, the company’s successors-in-interest, and any person claiming for or on behalf of the executive or the company.
Amendments, Waivers and Termination. No amendment, waiver or termination of any of the provisions of this Agreement shall be effective unless made in writing and signed by the party against whom it is sought to be enforced. Any written amendment, waiver or termination of this Agreement executed by Commerce and Employee (or his legal representatives) shall be binding upon them and upon all other Persons, without the necessity of securing the consent of any other Person including, but not limited to, Employee’s spouse, and no Person shall be deemed to be a third party beneficiary under this Agreement except to the extent provided under Section 10.1 above.
Amendments, Waivers and Termination. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions hereof may not be given, nor shall the Company hereafter enter into any agreement with respect to its securities which is inconsistent with, violates or diminishes the rights granted to the Shareholders in this Agreement without the written consent of the Company and those Demand Holders holding a majority of the Registrable Securities held by all Demand Holders.
Amendments, Waivers and Termination. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions hereof may not be given, without the written consent of the Company and Fortis Insurance. This Agreement shall terminate (except for the provisions set forth in Sections 3.03 and 4.01), and be of no further force and effect, once the Shareholder owns less than 5% of the Outstanding Common Stock.
Amendments, Waivers and Termination. This Agreement will terminate, and be of no further force and effect, on the Agreement Termination Date, unless there shall have occurred a Change in Control on or prior to the Agreement Termination Date. As of any particular time, any term of this Agreement may be amended, the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), or this Agreement may be terminated, in each case only with the written consent of the Company and the Executive. Any amendment, waiver, or termination executed in accordance with this Section 11 will be binding upon the Executive, the Company, the Company’s successors-in-interest, and any person claiming for or on behalf of the Executive or the Company. The foregoing not withstanding, the provisions of Sections 10 and 13 shall survive any termination of the Agreement
Amendments, Waivers and Termination. Except as otherwise provided herein, no amendment, modification, waiver, termination or cancellation of this Agreement or any provision hereof shall be effective unless made in writing signed by the Company and the holders of a majority of the then outstanding shares of Underlying Common Stock and, in the case of any amendment, modification, waiver, termination or cancellation which adversely affects the rights or interests of any holder or holders of Warrants (other than 2001 Warrants) or Warrant Shares (other than 2001 Warrant Shares) hereunder, the holders of at least 662/3% of the Warrant Shares (other than 2001 Warrant Shares), and, in the case of any amendment, modification, waiver, termination or cancellation that adversely affects the rights or interests of any holder or holders of Series A Preferred Stock or Series A Underlying Common Stock hereunder, the holders of at least 662/3% of the Series A Underlying Common Stock, and, in the case of any amendment, modification, waiver, termination or cancellation that adversely affects the rights or interests of any holder or holders of Series C Preferred Stock or Series C Underlying Common Stock hereunder, the holders of at least 662/3% of the Series C Underlying Common Stock, and, in the case of any amendment, modification, waiver, termination or cancellation that adversely affects the rights or interests of any holder or holders of Series D Preferred Stock or Series D Underlying Common Stock hereunder, the holders of at least 662/3% of the Series D Underlying Common Stock, and, in the case of any amendment, modification, waiver. termination or cancellation that adversely affects the rights or interests of any holder or holders of 2001 Warrants or 2001 Warrant Shares hereunder, the holders of at least 662/3% of the 2001 Warrant Shares.
Amendments, Waivers and Termination. This Voting Agreement may not be amended or waived except by an instrument in writing signed on behalf of the Company and the Executive. The Company and the Executive may terminate this Agreement upon their mutual agreement, recorded in writing. Upon termination, neither the Company nor the Executive shall have any rights or obligations hereunder and this Agreement shall become null and void and have no effect. This Agreement shall terminate and be of no further force or effect at such time as the Executive and Family Members no longer beneficially own 10% of the Shares then outstanding.
Amendments, Waivers and Termination. As of any particular time, any term of this Amendment may be amended, the observance of any term of this Amendment may be modified, waived or discharged (either generally or in a particular instance and either retroactively or prospectively), or this Amendment may be terminated, in each case only with the written consent of the Company and the Employee.
Amendments, Waivers and Termination. Except as otherwise provided herein, the provisions of this Agreement may be amended or waived only upon the prior written consent of the Company and the Investors. This Agreement shall automatically expire on the fifteenth anniversary of the date hereof.
