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 only by a written instrument duly executed by the parties hereto.
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 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 (i) the Company; and (ii) the Stockholders holding a majority of the shares of Common Stock and Preferred Stock (consenting together, on an as converted basis) then held by all of the Stockholders who are a party to this Agreement. 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 Bylaws 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) Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by any party from the terms of any provision of this Agreement, shall be effective only if it is made or given in writing and signed by the Company and Shareholders holding shares of Common Stock representing at least eighty percent (80%) of the shares of Common Stock in the aggregate owned by all of the Shareholders; provided that, notwithstanding the foregoing, any amendment, supplement or modification of or to Section 2.3(b) of this Agreement, any waiver of Section 2.3(b) of this Agreement, and any consent to any departure by any party from the terms of Section 2.3(b) of this Agreement, shall be effective only if it is made or given in writing and signed by Parthenon, each Management Shareholder, each Barnett Management Shareholder, Sterling, Huber, BancBoston, Private Exxxxx Xortfolio Fund II, Svoboda, National City and Mellon, provided, further, that any amendmexx, xxxification or waiver that would adversely affect the rights hereunder of any Shareholder, in its capacity as a Shareholder, without similarly affecting the rights hereunder of all Shareholders holding securities of the same class, in their capacities as securityholders of such class (including, without limitation, any amendment that makes any Person a "plan fiduciary" of First Plaza), shall not be effective as to such Shareholder without its prior written consent; and, provided further, that no amendment, modification or waiver with respect to (I) Section 2.1(b)(ii) (or any other section of this Agreement in furtherance of the rights under such Section 2.1(b)(ii)) or Section 3.2(a) shall be effective unless consented to in writing by Chase and (II) Section 2.1(b)(iii) (or any other section of this Agreement in furtherance of the rights under such Section 2.1(b)(iii)) shall be effective unless consented to in writing by Sterling. Any such amendment, supplement, modification, waiver or consent shall be binding upon the Company and all of the Shareholders. In the event of an amendment or a modification of this Agreement in accordance with its terms, the Shareholders shall cause the Board of Directors 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 or By-Laws of the Company that may be r...
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the Company and Holders and Transferees representing a majority in interest of the Registrable Securities.
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by (i) holders of a majority of the shares of Common Stock and Jordan Warrants held by the Jordan Investors, (ii) holders of a majority of the DLJ
Amendment and Modification; Waiver of Compliance; Conflicts. (a) This Agreement may be amended only by a written instrument duly executed by the holders of ninety-five percent (95%) of the voting Stock of TCC owned by the Stockholders. In the event of any conflict between the terms of this Agreement and the Articles of Incorporation and Bylaws of TCC, this Agreement shall govern.
