Common use of Waiver; Modification; Amendment Clause in Contracts

Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, Consultant (if at that time Consultant is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by Consultant (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought. Notwithstanding the foregoing, no modification, amendment or waiver of any term or provision hereof with respect to the Exercise Price, the Exercise Quantity, any terms of Article V hereof, any of the terms of this Section 8.13 or which purports, or has the effect of, shortening the term of any Warrant or limiting the right or ability of a Holder thereof to exercise a Warrant shall be enforceable against a Holder unless such Holder specifically approves, in writing, such modifications, amendment or modification.

Appears in 2 contracts

Samples: Warrant Agreement (Esat Inc), Warrant Agreement (Integrated Communication Networks Inc)

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Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, Consultant Investor (if at that time Consultant Investor is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by Consultant Investor (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought. Notwithstanding the foregoing, no modification, amendment or waiver of any term or provision hereof with respect to the Exercise Price, the Exercise Quantity, any terms of Article V hereof, any of the terms of this Section 8.13 or which purports, or has the effect of, shortening the term of any Warrant or limiting the right or ability of a Holder thereof to exercise a Warrant shall be enforceable against a Holder unless such Holder specifically approves, in writing, such modifications, amendment or modification.

Appears in 1 contract

Samples: Warrant Agreement (Corona Corp/Ca)

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Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, Consultant Investors (if at that time Consultant Investors is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by Consultant Investors (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought. Notwithstanding the foregoing, no modification, amendment or waiver of any term or provision hereof with respect to the Exercise Price, the Exercise Quantity, any terms of Article V hereof, any of the terms of this Section 8.13 or which purports, or has the effect of, shortening the term of any Warrant Warrants or limiting the right or ability of a Holder thereof to exercise a Warrant shall be enforceable against a Holder unless such Holder specifically approves, in writing, such modifications, amendment or modification.

Appears in 1 contract

Samples: Warrant Agreement (Migratec Inc)

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