Common use of Consent Required to Amend, Terminate or Waive Clause in Contracts

Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated only by a written instrument executed by (a) the Company; (b) the Shareholders holding fifty percent (50%) of the Shares; (c) RMCF; and (d) during the first year after the Effective Date, also by H. Xxxxxxxxxx, Cxxxx and T. Xxxxxxxxxx. Notwithstanding the foregoing, any provision hereof may be waived by a party by a written waiver signed by that party, or if an entity, on behalf of that entity, without the consent of any other party. The Company shall give prompt written notice of any amendment, termination or waiver hereunder to any party that did not consent in writing thereto. Any amendment, termination or waiver effected in accordance with this Section 4.8 shall be binding on each party and all of such party’s successors and permitted assigns, whether or not any such party, successor or assignee entered into or approved such amendment, termination or waiver. For purposes of this Section 4.8 the requirement of a written instrument may be satisfied in the form of an action by written consent of the Shareholders circulated by the Company and executed by the Shareholder parties specified, provided that it makes explicit reference to this Agreement.

Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated only by a written instrument executed by (a) the Company; (b) the Shareholders holding fifty percent (50%) of the Shares; (c) RMCF; and (d) during the first year after the Effective Date, also by H. X. Xxxxxxxxxx, Cxxxx Xxxxx and T. X. Xxxxxxxxxx. Notwithstanding the foregoing, any provision hereof may be waived by a party by a written waiver signed by that party, or if an entity, on behalf of that entity, without the consent of any other party. The Company shall give prompt written notice of any amendment, termination or waiver hereunder to any party that did not consent in writing thereto. Any amendment, termination or waiver effected in accordance with this Section 4.8 shall be binding on each party and all of such party’s successors and permitted assigns, whether or not any such party, successor or assignee entered into or approved such amendment, termination or waiver. For purposes of this Section 4.8 the requirement of a written instrument may be satisfied in the form of an action by written consent of the Shareholders circulated by the Company and executed by the Shareholder parties specified, provided that it makes explicit reference to this Agreement.

Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated 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; (b) the Shareholders holding fifty percent (50%) holders of a majority of the SharesExchange Shares then held by the New Holders; and (c) RMCF; and (d) during the first year after hold­ers of a majority of the Effective Date, also shares of Common Stock held by H. Xxxxxxxxxx, Cxxxx and T. Xxxxxxxxxxthe Key Holders. Notwithstanding the foregoing, any provision hereof may be waived by a the waiving party by a written waiver signed by that on such party, or if an entity, on behalf of that entity’s own behalf, without the consent of any other party. The Company shall give prompt written notice of any amendment, termination or waiver hereunder here­under to any party that did not consent in writing thereto. Any amendment, termination or waiver effected in accordance with this Section 4.8 4.6 shall be binding on each party and all of such party’s successors and permitted assigns, whether or not any such party, successor or assignee entered into or approved such amendment, termination or waiver. For purposes of this Section 4.8 the requirement of a written instrument may be satisfied in the form of an action by written consent of the Shareholders circulated by the Company and executed by the Shareholder parties specified, provided that it makes explicit reference to this Agreement.

Consent Required to Amend, Terminate or Waive. This Agreement may be amended or terminated and the observance of any term hereof, including without limitation the provisions of Section 2.1, Section 2.2 and Section 2.5, 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; (b) the Shareholders holding fifty percent (50%) affirmative vote or written consent of the Sharesa Majority Interest; (c) RMCF; provided, that Schedule A and (d) during the first year after the Effective Date, also by H. Xxxxxxxxxx, Cxxxx and T. Xxxxxxxxxx. Notwithstanding the foregoing, any provision hereof Schedule B hereto may be waived amended by a party by a written waiver signed by that party, or if an entity, on behalf the Company from time to time to reflect changes to the Stockholders in accordance with the terms and conditions of that entity, this Agreement without the consent of any the other partyparties hereto. The Company shall give prompt written notice of any amendment, termination termination, or waiver hereunder to any party that did not consent in writing thereto. Any amendment, termination termination, or waiver effected in accordance with this Section 4.8 7.8 shall be binding on each party and all of such party’s successors and permitted assigns, whether or not any such party, successor or assignee entered into or approved such amendment, termination or waiver. For purposes of this Section 4.8 7.8, the requirement of a written instrument may be satisfied in the form of an action by written consent of the Shareholders Stockholders circulated by the Company and executed by the Shareholder Stockholder parties specified, provided that it whether or not such action by written consent makes explicit reference to the terms of this Agreement.