Common use of Amendments and Waivers Clause in Contracts

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 352 contracts

Samples: Shareholder Rights Agreement (Enstar Group LTD), Share Purchase Agreement (Century City International Holdings Ltd.), Transaction Agreement (Emerson Electric Co)

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Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 73 contracts

Samples: Custodial Services Agreement (INX LTD), Bitcoin Custodial Agreement (Grayscale Bitcoin Trust (BTC)), Bitcoin Custodial Agreement (Bitcoin Investment Trust)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 54 contracts

Samples: Security Agreement (Timber Pharmaceuticals, Inc.), Security Agreement (Timber Pharmaceuticals, Inc.), Support Agreement (Tang Capital Partners Lp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 47 contracts

Samples: Asset Purchase Agreement (Six15 Technologies Holding Corp.), Asset Purchase Agreement (Basic Energy Services, Inc.), Asset Purchase Agreement (Ranger Energy Services, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 42 contracts

Samples: Transaction Agreement (Manchester United PLC), Agreement and Plan of Merger (Pandion Therapeutics, Inc.), Agreement and Plan of Merger (Arqule Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 41 contracts

Samples: Purchase and Sale Agreement (Alphatec Holdings, Inc.), Purchase and Sale Agreement (Uni-Pixel), License Agreement (Uni-Pixel)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 25 contracts

Samples: Asset Purchase Agreement (Roxio Inc), Agreement and Plan of Merger (Harbinger Capital Partners Master Fund I, Ltd.), Asset Purchase Agreement (McMoran Exploration Co /De/)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 22 contracts

Samples: Founder Exchange Agreement (TPG Inc.), Performance Earnings Agreement (TPG Inc.), Share Purchase Agreement (Century City International Holdings Ltd.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 21 contracts

Samples: Asset Purchase Agreement (Kinnate Biopharma Inc.), GNC Supply Agreement, Transaction Agreement (Federated Investors Inc /Pa/)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 19 contracts

Samples: Asset Purchase Agreement (Viasat Inc), Voting Agreement (Rithm Capital Corp.), Voting Agreement (Rithm Capital Corp.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 14 contracts

Samples: Agreement and Plan of Merger (Livongo Health, Inc.), Agreement and Plan of Merger (Tabula Rasa HealthCare, Inc.), Asset Purchase Agreement (Astronics Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this AgreementAgreement or, or in the case of a waiver, by the party each Party against whom the waiver is to be effective.

Appears in 12 contracts

Samples: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)

Amendments and Waivers. (ai) Any This Agreement may be amended, and any provision of this Agreement may be amended or waived ifwaived, but if and only if, if such amendment or waiver waiver, as the case may be, is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 12 contracts

Samples: Tax Matters Agreement (Change Healthcare Inc.), Tax Matters Agreement (McKesson Corp), Tax Matters Agreement (McKesson Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof the Parties or, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 10 contracts

Samples: Trademark License Agreement, Licensing Agreement (Ashford Hospitality Trust Inc), Licensing Agreement (Ashford Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended amended, supplemented or waived in any and all respects at any time prior to the Closing, if, but only if, such amendment amendment, supplement or waiver is in writing and is signed, in the case of an amendmentamendment or supplement, by each party to this AgreementParty or, or in the case of a waiver, by the party each Party against whom the waiver is to be effective.

Appears in 7 contracts

Samples: Stock Purchase Agreement (American International Group, Inc.), Stock Purchase Agreement (Corebridge Financial, Inc.), Unit Purchase Agreement (Amc Entertainment Holdings, Inc.)

Amendments and Waivers. (ai) Any This Agreement may be amended, and any provision of this Agreement may be amended or waived if, but if and only if, if such amendment or waiver waiver, as the case may be, is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 7 contracts

Samples: Tax Matters Agreement, Tax Matters Agreement (Westinghouse Air Brake Technologies Corp), Tax Matters Agreement (Westinghouse Air Brake Technologies Corp)

Amendments and Waivers. (a) Any provision term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or waived ifin a particular instance and either retroactively or prospectively), but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParties or, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 6 contracts

Samples: Investor Rights Agreement (Li Auto Inc.), Investor Rights Agreement (Meituan Dianping), Investor Rights Agreement (Meituan Dianping)

Amendments and Waivers. (a) Any provision of this Agreement (including the Schedules hereto) may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 6 contracts

Samples: Transition Services Agreement (Oriental Financial Group Inc), Transition Services Agreement (Discover Financial Services), Transition Services Agreement (Discover Financial Services)

Amendments and Waivers. (a) Any provision of this Agreement (including the Exhibits and Schedules hereto) may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 6 contracts

Samples: Asset Purchase Agreement, Purchase Agreement, Purchase Agreement (BioScrip, Inc.)

Amendments and Waivers. (a) 5.4.1 Any provision of this Agreement may be amended or waived prior to the termination of this Agreement in accordance with its terms if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 6 contracts

Samples: Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Ocean Rig UDW Inc.)

Amendments and Waivers. (a) 6.4.1 Any provision of this Agreement may be amended or waived prior to the termination of this Agreement in accordance with its terms if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 5 contracts

Samples: Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Transocean Ltd.)

Amendments and Waivers. (a) Any No provision of this Agreement may be amended or waived if, but only if, unless such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 5 contracts

Samples: Stockholders’ Agreement (Houlihan Lokey, Inc.), Stockholders’ Agreement (Houlihan Lokey, Inc.), Houlihan Lokey, Inc.

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 5 contracts

Samples: Share Exchange Agreement (Indie Growers Association), Share Exchange Agreement (Viking Minerals Inc.), Share Exchange Agreement (Monarchy Resources, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties hereto or, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Appears in 5 contracts

Samples: Voting Agreement (WEIBO Corp), Registration Rights Agreement (WEIBO Corp), Voting Agreement (WEIBO Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementall parties hereto, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Intac International Inc), Stockholders Agreement (Intac International Inc), Agreement and Plan of Merger (Intac International Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or or, except as otherwise provided in this Agreement, waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (CERNER Corp), Agreement and Plan of Merger, Agreement and Plan of Merger (Oracle Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe Investor and the VC Shareholder or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Tender and Support Agreement (Roche Holding LTD), Tender and Support Agreement (Roche Holding LTD), Tender and Support Agreement (Foundation Medicine, Inc.)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementASTI and Selling Shareholder or, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Registration Rights Agreement (Norsk Hydro a S A), Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (Ascent Solar Technologies, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is explicit and in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kingsway Financial Services Inc), Agreement and Plan of Merger (Safeco Corp), Agreement and Plan of Merger (Lincoln National Corp)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof Xxxxxxx and Newco, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Transaction Agreement and Plan of Merger (Emersub CX, Inc.), Stockholders Agreement (Emerson Electric Co), Transaction Agreement and Plan of Merger (Aspen Technology Inc /De/)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Harvard Holdings International, Inc.), Investment Agreement (Chase Asia Investment Partners Ii (Y), LLC), Investment Agreement (Asat Finance LLC)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective; provided, that from and after such time as the Registration Statement has been declared effective the obligations of the Company to effect the Conversion and take any other actions in connection therewith may not be amended or waived.

Appears in 4 contracts

Samples: Conversion Agreement, Conversion Agreement (Gigamon Inc.), Conversion Agreement (Servicesource International LLC)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof L Brands and VS, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Tax Matters Agreement (Bath & Body Works, Inc.), Tax Matters Agreement (Victoria's Secret & Co.), Tax Matters Agreement (Victoria's Secret & Co.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementparty, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp), Limited Liability Company Agreement (Sanchez Energy Corp)

Amendments and Waivers. (a) Any provision of this Agreement (including any Schedule hereto) may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Voting Agreement (Liberty Broadband Corp), Voting Agreement (Time Warner Cable Inc.), Voting Agreement (Comcast Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party Party against whom which the waiver is to be effective.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Emrise CORP), Equity Interest Purchase Agreement (Houston Wire & Cable CO), Equity Interest Purchase Agreement (Fuel Systems Solutions, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this AgreementAgreement or, or in the case of a waiver, by the party each Party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Transaction Agreement and Plan of Merger (R1 RCM Inc.), Agreement and Plan of Merger (International Textile Group Inc), Agreement and Plan of Merger (GrafTech Holdings Inc.)

Amendments and Waivers. (a) 10.3.1 Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Stock and Asset Purchase Agreement (Platform Specialty Products Corp), Stock and Asset Purchase Agreement (Chemtura CORP), Supply Agreement (Platform Specialty Products Corp)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementVF and Kontoor Brands, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Tax Matters Agreement (V F Corp), Tax Matters Agreement (Kontoor Brands, Inc.), Tax Matters Agreement (Kontoor Brands, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementJJDC and the Company or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Genetronics Biomedical LTD), Stock Purchase Agreement (Neose Technologies Inc), Stock Purchase Agreement (Biocryst Pharmaceuticals Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Investment Agreement (Datawatch Corp), Investment Agreement (Wc Capital LLC), Investment Agreement (Osborne Richard De J)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or or, in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Registration Rights Agreement (Trident III, L.P.), Registration Rights Agreement (Hellman & Friedman Investors v (Cayman), Ltd.), Registration Rights Agreement (Partnerre LTD)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof the parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Ophthalmic Imaging Systems Inc), Securities Purchase Agreement (Premier Laser Systems Inc), Put and Call Agreement (Ophthalmic Imaging Systems Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended amended, modified or waived if, but and only if, such amendment amendment, modification or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof the parties, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Investment Agreement (Root, Inc.), Investment Agreement (Brookfield Asset Management Inc.), Investment Agreement (American Equity Investment Life Holding Co)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.; provided, however, that (i) the provisions of Article 6 (other than Section 6.06) may be amended in a writing signed solely by AIG and the UST,

Appears in 3 contracts

Samples: Master Transaction Agreement, Master Transaction Agreement, Master Transaction Agreement

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, ; such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementhereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Seitel Inc), Stock Purchase Agreement (Matrix Geophysical, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if(i) amended, but only if, if such amendment or is in writing and is signed by Buyer and Seller, and (ii) waived, if such waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, signed by the party against whom the waiver is to be effectivewaiving parties.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Southern Power Co), Asset Purchase Agreement (GAIN Capital Holdings, Inc.), Stock Purchase Agreement (American Water Works Company, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, signed by each party to this Agreement, or in of the case of a waiver, by the party against whom the waiver is to be effectiveparties hereto.

Appears in 3 contracts

Samples: Servicing Agreement (Fly Leasing LTD), Servicing Agreement (Fly Leasing LTD), Servicing Agreement (Fly Leasing LTD)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe Company and the Holders or, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Registration Rights Agreement (Chao Charles Guowei), Registration Rights Agreement (Sina Corp), Registration Rights Agreement (Sina Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Ecotality, Inc.), Asset Purchase Agreement (Car Charging Group, Inc.), Asset Purchase Agreement (Ecotality, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementSeller and Buyer, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Stock and Asset Purchase Agreement (Jacobs Engineering Group Inc /De/), Purchase and Sale Agreement (Intercontinental Hotels Group PLC /New/), Stock Purchase Agreement (Adtalem Global Education Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Share Purchase Agreement (8x8 Inc /De/), Purchase Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Prosensa Holding N.V.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, prior to the Effective Time if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Employment Agreement (Dycom Industries Inc), Agreement and Plan of Merger (Dycom Industries Inc), Registration Rights Agreement (Dycom Industries Inc)

Amendments and Waivers. (a) Any provision of this Purchase Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Purchase Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Purchase Agreement (Material Sciences Corp), Purchase Agreement (Material Sciences Corp), Purchase Agreement (Material Sciences Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective; provided that any such amendment or waiver by the Company shall require the approval of the Special Committee.

Appears in 3 contracts

Samples: Settlement Agreement (Ibasis Inc), Settlement Agreement (Ibasis Inc), Settlement Agreement (Ibasis Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Asset and Stock Purchase Agreement (SB/RH Holdings, LLC), Asset and Stock Purchase Agreement (SB/RH Holdings, LLC), Stock Purchase Agreement (Bce Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Asset Purchase Agreement (American Cellular Corp /De/), Asset Purchase Agreement (American Cellular Corp /De/), Asset Purchase Agreement (American Cellular Corp /De/)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Share and Asset Purchase Agreement (Tabula Rasa HealthCare, Inc.), Asset Purchase Agreement (Tabula Rasa HealthCare, Inc.), Asset Purchase Agreement (Freds Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Separation Agreement (Essendant Inc), Supply Chain Transition Services Agreement (Essendant Inc), Transition Services Agreement (Essendant Inc)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effectiveeffective and the Buyer.

Appears in 2 contracts

Samples: Voting Agreement (Ivivi Technologies, Inc.), Voting Agreement (Ivivi Technologies, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement and Triarc or, or in the case of a waiver, by the each party against whom the waiver is to be effectiveeffective and Triarc.

Appears in 2 contracts

Samples: Voting Agreement (Wendys International Inc), Voting Agreement (Triarc Companies Inc)

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Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementUS Seller and Buyer, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock and Asset Purchase Agreement (Us Industries Inc /De), Stock and Asset Purchase Agreement (Us Industries Inc /De)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective, unless stricter form is required by mandatory law, in which case such stricter form requirement shall apply.

Appears in 2 contracts

Samples: Consideration Transfer Agreement (Ads-Tec Energy Public LTD Co), Cash Consideration Transfer Agreement (European Sustainable Growth Acquisition Corp.)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof Parent and SpinCo, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Tax Matters Agreement (Bausch & Lomb Corp), Tax Matters Agreement (Bausch Health Companies Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived ifwaived, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kosmos Energy Ltd.), Registration Rights Agreement (Exxon Mobil Corp)

Amendments and Waivers. (a) 11.2.1. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Share Purchase Agreement (Micronet Enertec Technologies, Inc.), Share Purchase Agreement (DPW Holdings, Inc.)

Amendments and Waivers. (a) 14.1 Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Seadrill Partners LLC, Seadrill Partners LLC

Amendments and Waivers. (a) 4.1.1 Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Reimbursement and Indemnification Agreement (Learning Tree International Inc), Reimbursement and Indemnification Agreement (Collins David C)

Amendments and Waivers. (a) Any provision amendment to or waiver of this Agreement may is to be amended or waived if, but only if, such amendment or waiver is made in writing and is signedwill have no effect before signed by the duly authorized representatives of all Parties or, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effectiveParty waiving compliance with this Agreement.

Appears in 2 contracts

Samples: Share Sale and Purchase Agreement (Clearfield, Inc.), Share Sale and Purchase Agreement (Playtika Holding Corp.)

Amendments and Waivers. (a) Any Except as otherwise provided herein, any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe Buyer and the Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mr. Cooper Group Inc.), Equity Purchase Agreement (TTEC Holdings, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. Notwithstanding the preceding sentence, any amendment of this Agreement which creates or modifies obligations for CTC will also require the prior consent of CTC.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Composite Technology Corp), Asset Purchase Agreement (Composite Technology Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty or, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Amended and Restated License Agreement (Independence Bancshares, Inc.), License Agreement (Independence Bancshares, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this AgreementAgreement or, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Extreme Networks Inc)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementIvanhoe and Selling Shareholder or, or in the case of a waiver, by the party or parties against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Registration Rights Agreement (Rio Tinto PLC), Registration Rights Agreement (Rio Tinto PLC)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementthe parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effectiveeffective unless stricter form is required by mandatory law, in which case such stricter form requirement shall apply.

Appears in 2 contracts

Samples: Share Consideration and Loan Transfer Agreement (Ads-Tec Energy Public LTD Co), Share Consideration and Loan Transfer Agreement (European Sustainable Growth Acquisition Corp.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party each Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Share Purchase Agreement (Cellectis S.A.), Share Purchase Agreement (Cellectis S.A.)

Amendments and Waivers. (a) Any Except as otherwise provided herein, any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Calumet Specialty Products Partners, L.P.)

Amendments and Waivers. (a) Any provision of this This Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement or, or in the case of a waiver, by the each party against whom the waiver is to be effective. The failure of any party hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Tender and Support Agreement (Alpine Immune Sciences, Inc.), Tender and Support Agreement (Alpine Immune Sciences, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementAgreement (provided, with respect to Sections Section 7.04, Section 7.05 and Section 7.06, by each of Buyer and the Management Sellers) or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementboth parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ophthalmic Imaging Systems), Loan and Security Agreement (Ophthalmic Imaging Systems Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Sales Representative Agreement (Evergreen Solar Inc), Sales Representative Agreement (Evergreen Solar Inc)

Amendments and Waivers. (a) i. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (SPS Transaction Services Inc), Stock Purchase Agreement (SPS Transaction Services Inc)

Amendments and Waivers. (a) Any provision of this Agreement may ---------------------- be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Repurchase Agreement (Wilsons the Leather Experts Inc), Repurchase Agreement (Wilsons the Leather Experts Inc)

Amendments and Waivers. (a) 10.3.1 Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party the Purchaser and the Seller (or by any successor to this Agreementeither Party), or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Measurement Specialties Inc), Stock Purchase Agreement (Measurement Specialties Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such if the amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementall of the parties, or or, in the case of a waiver, by the party against whom that would have benefited from the waiver is to be effectiveprovision waived.

Appears in 2 contracts

Samples: Transition Agreement (Cross Country Healthcare Inc), Resignation, Retirement and Transition Agreement (Popular Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementall parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Ticketmaster Online Citysearch Inc), Preferred Stock Purchase Agreement (Ticketmaster Online Citysearch Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementSeller and Buyer, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Megapro Tools Inc), Stock Purchase Agreement (Us Industries Inc /De)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementhereto, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: License Agreement (Aradigm Corp), License Agreement (Aradigm Corp)

Amendments and Waivers. (a) Any provision of this Agreement (including the Schedules hereto) may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementXxxxxx Oil and Xxxxxx USA, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Transition Services Agreement, Transition Services Agreement (Murphy USA Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Investor and each party to this AgreementVC Shareholder or, or in the case of a waiver, by the each party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Tender and Support Agreement (Roche Holding LTD), Tender and Support Agreement (Foundation Medicine, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Asset Contribution Agreement (GRANDPARENTS.COM, Inc.), Agreement and Plan of Merger (Health Benefits Direct Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective. The same applies to any waiver of this written form requirement.

Appears in 2 contracts

Samples: Agreement (Global Warming Solutions, Inc.), Technology Transfer Agreement (Evergreen Solar Inc)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement, or in the case of a waiver, by the party Party against whom the waiver is to be effective. Neither Party may assign this Agreement or its rights or obligations under this Agreement without the other Party’s consent.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Upland Software, Inc.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date, if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, signed by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: LLC Interest Purchase Agreement (Clikia Corp.), LLC Interest Purchase Agreement (Clikia Corp.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementParty or, or in the case of a waiver, by the party each Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Baltic Trading LTD), Stock Purchase Agreement (Genco Shipping & Trading LTD)

Amendments and Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreementof Parent and Solta, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Tax Matters Agreement (Solta Medical Corp), Tax Matters Agreement (Solta Medical Corp)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this AgreementBuyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Composite Technology Corp), Asset Purchase Agreement (Composite Technology Corp)

Amendments and Waivers. (a) Any provision of this Agreement or of any other Transaction Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party Party to this Agreement or such other Transaction Agreement, as the case may be, or in the case of a waiver, by the party Party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (FirstEnergy Solutions Corp.)

Amendments and Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective; provided that, after adoption of this Agreement by the Company Stockholders, no amendment or waiver shall be made which by Law requires further approval by the Company Stockholders without such further approval.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cytogen Corp), Agreement and Plan of Merger (EUSA Pharma Inc)

Amendments and Waivers. (a) 1. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.

Appears in 2 contracts

Samples: Acquisition Agreement (Modis Professional Services Inc), Acquisition Agreement (Modis Professional Services Inc)

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