Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) Shareholders holding greater than 50% of the Shares of Common Stock of all of the Shareholders in the aggregate and (ii) any Shareholder disproportionately and adversely affected by the proposed amendment.
Amendment and Modification; Waiver of Compliance; Conflicts. (c) This Agreement may be amended only by a written instrument duly executed by the Stockholders and DSH and approved in the manner provided in Section 3.4. In the event of any conflict between the terms of this Agreement and the Articles of Incorporation and By-Laws of the Companies, this Agreement shall govern.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended or modified only by a written instrument duly executed by each Shareholder. In the event of the amendment or modification of this Agreement in accordance with its terms, the Shareholders shall cause the Board of the Company to call an extraordinary meeting of the shareholders of the Company to meet within thirty (30) calendar days following such amendment or modification or as soon thereafter as is practicable and shall adopt any amendments to the Bylaws that may be required as a result of such amendment or modification to this Agreement, and the Shareholders agree to vote in favor of such amendments.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the parties hereto.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the Company and the Investor Shareholders (but only for so long as any Investor Shareholder holds any Company Shares); provided, however, that Exhibit A to this Agreement may be amended at any time by the Company to add as a party hereto any Person that acquires any Company Shares in compliance with the terms of this Agreement and executes a supplemental signature page hereto in the form attached as Exhibit B.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by ING, or if ING and its Affiliates cease to be Stockholders, a representative designated by the ING Transferees holding a majority of the Stock (other than Preferred Stock) held by the ING Transferees (with Warrants converted on an as if exercised basis) and the Management Stockholders. In the event of the amendment or modification of this Agreement in accordance with its terms, the Stockholders shall cause the Board of Directors of the Company to meet within 30 calendar days following such amendment or modification or as soon thereafter as is practicable for the purpose of adopting any amendment to the Charter and By- Laws of the Company that may be required as a result of such amendment or modification to this Agreement, and, if required, proposing such amendments to the Stockholders entitled to vote thereon, and the Stockholders agree to vote in favor of such amendments.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the Company, the Carlyle Stockholders and the Onex Stockholders; provided, however, that the Stockholder Schedule may be amended at any time by the Company to add as a party hereto any officer, director, employee or consultant of the Company or any of its Subsidiaries that is issued any Common Shares or options to purchase Common Shares and executes a supplemental signature page hereto in the form attached as Exhibit A hereto as a Management Stockholder.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended, modified or terminated only by a written instrument duly executed by the Company, Huff and ING.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) SSF, (ii) SF and (iii) the holders of a majority of the shares of Capital Stock not held by the KPS Funds (including, for such purposes, shares of Common Stock issuable upon the exercise of Contingent Rights); provided, however, that any amendment that has a material adverse effect on any right of a Shareholder granted hereunder shall not be effective against such Shareholder without the approval of such Shareholder. In the event of the amendment or modification of this Agreement in accordance with its terms, the Shareholders shall cause the Board of Directors of the Company to meet within 30 calendar days following such amendment or modification or as soon thereafter as is practicable for the purpose of adopting any amendment to the Certificate of Incorporation and By-Laws of the Company that may be required as a result of such amendment or modification to this Agreement, and, if required, proposing such amendments to the Shareholders entitled to vote thereon, and the Shareholders agree to vote in favor of such amendments.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) the holders of a majority of the shares of capital stock held by the Jordan Investors, (ii) to the extent required under Section 11.8 under the Credit Agreement, or if such proposed amendment would materially adversely affect the rights of the FNBB Affiliate under this Agreement, the FNBB Affiliate, and (iii) to the extent that such proposed amendment would materially adversely affect the rights of the Management Investors under this Agreement as a group, the holders of a majority of the shares of Voting Stock owned by the Management Investors or which may be voted, pursuant to the provisions of Section 8.3, by either Xxxxxxxx Xxxx, Xxxxxxx Xxxxxx or a majority of the Management Directors. In the event of the amendment or modification of this Agreement in accordance with its terms, the Stockholders shall cause the Board of Directors of the Company to meet within 30 calendar days following such amendment or modification or as soon thereafter as is practicable for the purpose of adopting any amendment to the Certificate of Incorporation and By- Laws of the Company that may be required as a result of such amendment or modification to this Agreement, and, if required, proposing such amendments to the Stockholders entitled to vote thereon, and the Stockholders agree to vote in favor of such amendments.
