Common use of Material Changes to Terms Clause in Contracts

Material Changes to Terms. Provisions in the Transaction Documents which provide that any obligations of the Company thereunder will not be affected by amendment or waiver of the provisions contained in the Transaction Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Company and any party to the Transactions Documents; and