Common use of MODIFICATION; AMENDMENT; TERMINATION Clause in Contracts

MODIFICATION; AMENDMENT; TERMINATION. (a) This Agreement may not be modified or amended except pursuant to an instrument in writing signed by all of the parties hereto; provided, however, that only the Company and the Investors (or their successors in interest, as the case may be) shall be required to sign any amendment or modification with respect to the representations or covenants contained in ▇▇▇▇▇▇▇▇ ▇, ▇, ▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇. (▇) At any time after July 2, 2002 if the Closing has not occurred on or before such date, this Agreement may be terminated by any one or more Investors, beneficially owning (in the aggregate) more than 33 1/3% of the Preferred Securities, at the option of such Investor or Investors upon written notice to the Company.

MODIFICATION; AMENDMENT; TERMINATION. (a) This Agreement may not be modified or amended except pursuant to an instrument in writing signed by all of the parties hereto; provided, however, that only the Company and the Investors (or their successors in interest, as the case may be) shall be required to sign any amendment or modification with respect to the representations or covenants contained in Sections 8, 9, 10 and 11 hereof. (b) At any time a▇▇▇▇ ▇▇▇▇ ▇, ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇, ▇, ▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇. (▇) At any time after July 2, 2002 if the Closing has not occurred red on or before such date, this Agreement may be terminated by any one or more Investors, beneficially owning (in the aggregate) more than 33 1/3% of the Preferred Securities, at the option of such Investor or Investors upon written notice to the Company.