Common use of Modifications and Waiver Clause in Contracts

Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Warrants representing at least 75% of the number of Exercise Shares then issuable upon exercise of all Warrants sold pursuant to the Purchase Agreement, provided, however, that such modification, amendment or waiver is made with respect to all Warrants and does not adversely affect the Holder in a manner different than all other holders of Warrants; or (ii) the Holder.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Yuma Regional Medical Center), Securities Purchase Agreement (Palisade Bio, Inc.), Palisade Bio, Inc.

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Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Warrants representing at least 75% of the number of Exercise Shares then issuable upon exercise of all the Warrants sold pursuant to in the Purchase AgreementOffering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a manner different than all other holders of Warrantssimilar manner; or (ii) the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Acadia Pharmaceuticals Inc), Acadia Pharmaceuticals Inc

Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Warrants representing at least 75% a majority of the number of Exercise Shares then issuable upon exercise of all the Warrants sold pursuant to in the Purchase AgreementOffering, provided, however, that such modification, amendment or waiver is made with respect to all Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a manner different than all other holders of Warrantssimilar manner; or (ii) the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ARCA Biopharma, Inc.), Securities Purchase Agreement (ARCA Biopharma, Inc.)

Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Common Warrants representing at least 75% of the number of Exercise Shares then issuable upon exercise of all Common Warrants sold pursuant to the Purchase Agreement, provided, however, that such modification, amendment or waiver is made with respect to all Common Warrants and does not adversely affect the Holder in a manner different than all other holders of Common Warrants; or (ii) the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Puissance Cross-Border Opportunities v LLC), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.)

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Modifications and Waiver. This Warrant and any provision hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the Company and either (i) Purchasers holding Warrants representing at least 75% a majority of the number of Exercise Shares then issuable upon exercise of all any then unexercised Warrants sold pursuant to in the Purchase AgreementOffering, provided, however, that such modification, amendment or waiver is made with respect to all unexercised Warrants issued in the Offering and does not adversely affect the Holder without adversely affecting all holders of Warrants in a manner different than all other holders of Warrantssimilar manner; or (ii) the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Columbia Laboratories Inc), Columbia Laboratories Inc

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