Common use of Performance of Contracts Clause in Contracts

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements or the Non-Competition Agreements without the written consent of a majority of the members of the Board of Directors of the Company's Board of Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Noncompetition and Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors and a majority of the Purchaser Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements or the Non-Competition Agreements without the unanimous written consent of the Company's Board of Preferred Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure Developments and Developments Noncompetition Agreements entered into with Key Employees (as defined in the Purchase Agreement) without the consent of the Company's Board of DirectorsDirectors (which consent shall include the Series F Directors (as defined in the Stockholders Agreement)).

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure Proprietary Information and Developments Inventions Agreements without the unanimous written consent of those members of the Company's ’s Board of DirectorsDirectors elected or approved by the holders of Series B Stock and Series A-1 Stock.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the written consent of the Company's Board of DirectorsPurchaser.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, part any of the Employee Nondisclosure and Developments Agreements or the Founders Agreements dated as of July 25, 1997, between the Company and each of the Founders, without the unanimous written consent of those members of the Company's Board of DirectorsDirectors elected solely by the holders of Preferred Stock.

Performance of Contracts. The Company shall not materially ------------------------ amend, ------------------------ modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements Agreement or the Non-Competition Agreement with Xxxxxxx X. Xxxx without the unanimous written consent of those members of the Company's Board of DirectorsDirectors elected solely by the holders of Series A Convertible Preferred Stock.

Performance of Contracts. The Company and its Subsidiaries shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure Non-Competition, Non-Disclosure, Non-Solicitation and Development Agreements, the Consultant Non-Competition, Non-Disclosure, Non-Solicitation and Development Agreements or the Employee Nondisclosure, Non-Solicitation and Developments Agreements without the unanimous consent of the Company's Board of Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure its employee nondisclosure and Developments Agreements developments agreements or non-competition covenants without the consent of the Company's ’s Board of Directors.

Performance of Contracts. The Company shall not ------------------------ materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements or the Non-Competition Agreements without the consent of the Company's Board of Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements or the Non-Competition Agreements without the written consent of the member of the Company's Board of DirectorsDirectors elected solely by the holders of Series A Convertible Preferred Stock.

Performance of Contracts. The Company shall not materially ------------------------ amend, ------------------------ modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Transaction Agreements with any person without the written consent of those members of the Company's Board of DirectorsDirectors elected solely by the holders of Series A Preferred Stock, if any.

Performance of Contracts. The Company shall not materially ------------------------ amend, ------------------------ modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Transaction Agreements or any Nondisclosure and Developments Agreements Agreement or any Nondisclosure Agreement with any person without the written consent of those members of the Company's Board of DirectorsDirectors elected solely by the holders of Series A Preferred Stock.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements or the Non-Competition Agreements without the written consent of two-thirds of the Company's Board of Preferred Directors.

Performance of Contracts. The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, part any of the Employee Nondisclosure and Developments Agreements or the Founders Agreements without the unanimous written consent of those members of the Company's Board of DirectorsDirectors elected solely by the holders of Series A Convertible Preferred Stock.