Common use of Exclusive Agreement; Amendment Clause in Contracts

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is sought.

Appears in 7 contracts

Samples: Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)

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Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is sought, except that, with respect to the Investor, this Agreement may be amended by a written instrument executed by the Investor.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Newkirk Realty Trust, Inc.), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, and is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtorally.

Appears in 2 contracts

Samples: Acquisition Agreement (National Boston Medical Inc), Acquisition Agreement (National Boston Medical Inc)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is sought, except that, with respect to First Union, this Agreement may be amended by a written instrument executed by First Union.

Appears in 2 contracts

Samples: Acquisition Agreement (Newkirk Realty Trust, Inc.), Acquisition Agreement (First Union Real Estate Equity & Mortgage Investments)

Exclusive Agreement; Amendment. This Agreement supersedes and the other Transaction Documents supersede all prior agreements among the parties with respect to its their subject matter, is matter and are intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto thereto. No provision of this Agreement may be amended, altered or waived except in a writing referring expressly to this Agreement and cannot be changed or terminated except by a written instrument executed signed by the party or parties against whom enforcement thereof is soughthereto.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Premier Exhibitions, Inc.), Convertible Note Purchase Agreement (Sellers Capital LLC)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject mattermatter (other than any confidentiality agreement), is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtorally.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Bremen Bearings Inc), Asset Purchase Agreement (Bremen Bearings Inc)

Exclusive Agreement; Amendment. This Agreement, plus the Confidentiality Agreement and the Agreement Regarding Assumed Liabilities, supersedes all prior agreements among the parties parties, with respect to its their subject matter, is intended (with the documents referred to herein) as to be a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtSeller and Buyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stockpoint Inc)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, matter and is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is sought.orally. 12.5

Appears in 1 contract

Samples: Acquisition Agreement (Wolfstone Corp)

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Exclusive Agreement; Amendment. This Agreement ______________________________ supersedes all prior agreements among the parties with respect to its subject matter, is intended (together with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto thereto, and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtorally.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blue Chip Venture Co LTD)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, matter and is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtreally.

Appears in 1 contract

Samples: Acquisition Agreement (Multinet International Corp Inc)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements (whether written or oral) among the parties hereto with respect to its the subject mattermatter hereof, and is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties hereto with respect thereto and canthereto. This Agreement may not be changed modified, amended, altered or terminated supplemented except by a written instrument executed and delivered by each of the party or parties against whom enforcement thereof is soughthereto.

Appears in 1 contract

Samples: Termination Agreement (Landrys Seafood Restaurants Inc)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be changed or terminated except by a written instrument executed by Parent, Pace and the party or parties against whom enforcement thereof is soughtEscrow Agent.

Appears in 1 contract

Samples: Escrow Agreement (Blackboard Inc)

Exclusive Agreement; Amendment. This Agreement supersedes all prior agreements among the parties with respect to its subject matter, is intended (together with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto thereto, and cannot be changed or terminated except by a written instrument executed by the party or parties against whom enforcement thereof is soughtorally.

Appears in 1 contract

Samples: Note Purchase Agreement (Waller Sutton Media Partners Lp)

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