Common use of Waiver and Amendment Clause in Contracts

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 234 contracts

Samples: Stock Option Agreement (Bb&t Corp), Company Voting Agreement (Intersil Corp/De), Company Voting Agreement (Intersil Corp/De)

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Waiver and Amendment. Any provision of this Agreement may be -------------------- waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 10 contracts

Samples: Corestates Stock Option Agreement (Corestates Financial Corp), Stock Option Agreement (Greater Bay Bancorp), Agreement and Plan of Reorganization (Measurex Corp /De/)

Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoparties.

Appears in 8 contracts

Samples: Note Purchase Agreement (American Petro-Hunter Inc), Security Agreement (Enerpulse Technologies, Inc.), Security Agreement (Marine Drive Mobile Corp.)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, but such waiver shall only be effective if in writing and signed by the party entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 8 contracts

Samples: Stock Purchase Option (Firstmerit Bank Na), Stock Purchase Option (Security First Corp), Stock Purchase Option (Cobancorp Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of any provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Core Laboratories N V), Restructure and Settlement Agreement (Mb Software Corp), Escrow Agreement (Core Laboratories N V)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionprovision by written instrument signed by a duly authorized executive officer of such party. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 7 contracts

Samples: Stock Option Agreement (Bancfirst Ohio Corp), Stock Option Agreement (Tappan Zee Financial Inc), Stock Option Agreement (First Financial Corp of Western Maryland)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.,

Appears in 6 contracts

Samples: Parent Voting Agreement (Instinet Group Inc), Datek Voting Agreement (Instinet Group Inc), Company Voting Agreement (Instinet Group Inc)

Waiver and Amendment. Any provision of this Agreement may be waived -------------------- at any time by the party that which is entitled to the benefits of such provision. This thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the parties heretoparty sought to be bound thereby.

Appears in 6 contracts

Samples: Stock Option and Tender Agreement (Thorne Oakleigh B Et Al), Stock Option and Tender Agreement (Commerce Clearing House Inc), Stock Option and Tender Agreement (CCH Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This thereof, and this Agreement may not be modified, amended, altered amended or supplemented except upon at any time by the execution and delivery written consent of a written agreement executed by the parties hereto.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Ergo Science Corp /De/), Stock Purchase Agreement (Jl Halsey Corp), Stock Purchase Agreement (Miller Scott Dennis)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionprovision if such waiver is in writing. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 6 contracts

Samples: Stock Option Agreement (Matrix Bancorp Inc), Stock Option Agreement (NBC Capital Corp), Stock Option Agreement (FFBS Bancorp Inc)

Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 5 contracts

Samples: Stock Option Agreement (First Bancorp /Nc/), Stock Option Agreement (Century Bancorp Inc /Nc), Stock Option Agreement (First Savings Bancorp Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.. (c)

Appears in 5 contracts

Samples: Stock Option Agreement Stock Option Agreement (Financial Bancorp Inc), Stock Option Agreement (Home Choice Holdings Inc), 1 Stock Option Agreement (CCB Financial Corp)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled en- titled to the benefits of such provision. This Agreement Option Agree- ment may not be modified, amended, altered or supplemented except ex- cept upon the execution and delivery of a written agreement executed ex- ecuted by the parties hereto.

Appears in 4 contracts

Samples: Stock Option Agreement (Mark Twain Bancshares Inc/Mo), Stock Option Agreement (Mercantile Bancorporation Inc), Stock Option Agreement (Mercantile Bancorporation Inc)

Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery The waiver by any party of a written breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. The parties may, by mutual agreement executed by the parties heretoin writing, amend this Agreement in any respect.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Xoom Inc), Agreement and Plan of Merger (Burke Industries Inc /Ca/), Agreement and Plan of Merger (Cais Internet Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.. Any waiver shall be effective only in the specific instance and for the specific purpose for which given and shall not constitute a waiver to any subsequent or other exercise of any right, remedy, power or privilege hereunder. (b)

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Reorganization Agreement (RMR Real Estate Income Fund)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, but only by delivery of a written instrument executed by such party. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 3 contracts

Samples: Stock Option Agreement Stock Option Agreement (First Palm Beach Bancorp Inc), Option Agreement (Commercial Federal Corp), Option Agreement (First Colorado Bancorp Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, any such waiver to be evidenced in writing. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by all of the parties hereto.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Usa Broadband Inc), Voting Agreement (Clark Dick Productions Inc), Form of Voting Agreement (Evtc Inc)

Waiver and Amendment. Any provision of the provisions of this Agreement may be waived in writing at any time, by the party or parties which is or are entitled to the benefit of such provision. Any of the provisions of this Agreement may be amended at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties heretoof all parties.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Shoneys Inc), Asset Sale and Purchase Agreement (Shoneys Inc), Stock Purchase Agreement (Shoneys Inc)

Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that which is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoGlobal and Erekesef.

Appears in 2 contracts

Samples: Share Exchange Agreement (Gogo Holdings Inc), Share Exchange Agreement (Global One Distribution & Merchandising Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at -------------------- any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Richmond County Financial Corp), Stock Option Agreement (Richmond County Financial Corp)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Mercantile Bancorporation Inc), Stock Option Agreement (Firstbank of Illinois Co)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled en- titled to the benefits of such provision. This Agreement Option Agree- ment may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Cardinal Health Inc), Stock Option Agreement (Mercantile Bancorporation Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time time, in writing, by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Loan Option Agreement (Fog Cutter Capital Group Inc), Property Option Agreement (Fog Cutter Capital Group Inc)

Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Meritor Automotive Inc), Stock Option Agreement (Meritor Automotive Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 2 contracts

Samples: Stock Option Agreement (Regions Financial Corp), Stock Option Agreement (Bankers First Corp)

Waiver and Amendment. Any provision of this -------------------- Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Alrenco Inc)

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Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, PROVIDED such waiver is set forth in writing and signed by such party. This No modification, amendment or supplement to this Agreement may not shall be modified, amended, altered or supplemented except upon the execution effective unless set forth in writing and delivery of a written agreement executed signed by the both parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Regency Bancorp)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof to the extent permitted by applicable Law. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of any provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Newfield Exploration Co /De/)

Waiver and Amendment. Any provision of this Agreement may be waived at ---------------------- any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Asset and Warrant Purchase Agreement (Mego Financial Corp)

Waiver and Amendment. Any provision of this Agreement -------------------- may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Greater Bay Bancorp)

Waiver and Amendment. Any provision of this Agreement may --------------------- be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Provident Bankshares Corp)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented supple- mented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Mirage Resorts Inc)

Waiver and Amendment. Any provision of this oft his Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (First Bancorp /In/)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented supplemented, except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Dynex Capital Inc)

Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties heretohereto and except as provided in Section 1 of this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Miller Douglas H)

Waiver and Amendment. Any provision of this oft his Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.. (c) ENTIRE AGREEMENT; NO THIRD-

Appears in 1 contract

Samples: Stock Option Agreement (German American Bancorp)

Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered modified or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by the parties each party hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (FBL Financial Group Inc)

Waiver and Amendment. Any provision of the terms or provisions of this Agreement may be waived at any time by the party that which is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered supplemented or supplemented except upon the execution and delivery of a written modified only by an agreement in writing executed by the parties heretoCompany and Executive.

Appears in 1 contract

Samples: Separation From Employment Agreement (Sports Club Co Inc)

Waiver and Amendment. Any provision of this the Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This The Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Option Agreement (Printcafe Software Inc)

Waiver and Amendment. Any provision of this Agreement may -------------------- be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Stock Option Agreement (Wesley Jessen Visioncare Inc)

Waiver and Amendment. Any provision of this Agreement may be waived waived, but only in writing, at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Winthrop Option Agreement (Insignia Properties Trust /)

Waiver and Amendment. Any provision of this Agreement may be waived -------------------- at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.

Appears in 1 contract

Samples: Voting/ (Amerisource Distribution Corp)

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