Amendments, Modifications and Waivers. Any covenant, agreement, provision or condition of this Agreement may be amended or modified, or compliance therewith may be waived (either generally or in any particular instance and either retroactively or prospectively), by (and only by) an instrument in writing signed by the Company and Stockholders who hold (or will hold) more than fifty percent (50%) of the Company Common Stock issued or to be issued by the Company in the Exchange.
Appears in 3 contracts
Samples: Incorporation and Exchange Agreement, Incorporation and Exchange Agreement (Gregg Appliances Inc), Incorporation and Exchange Agreement (Hhgregg, Inc.)
Amendments, Modifications and Waivers. Any covenant, agreement, provision or condition of this Agreement may be amended or modified, or compliance therewith may be waived (either generally or in any particular instance and either retroactively or prospectively), by (and only by) an instrument in writing signed by the Company and Stockholders who hold (or will hold) more than fifty percent (50%) of the Company Common Stock issued or to be issued by the Company in the ExchangeInvestors.
Appears in 2 contracts
Samples: Exchange Agreement (State Bancorp Inc), Exchange Agreement (Highbury Financial Inc)
Amendments, Modifications and Waivers. Any covenant, agreement, provision or condition of this Agreement may be amended or modified, or compliance therewith may be waived (either generally or in any particular instance and either retroactively or prospectively), by (and only by) an instrument in writing signed by the Company and Stockholders who hold (or will hold) more than fifty percent (50%) the holders of a majority of the Company Common Registrable Securities then outstanding and Series B Preferred Stock issued or to be issued by then outstanding, voting together on an as-converted basis with the Company in the ExchangeRegistrable Securities.
Appears in 2 contracts
Samples: Investor Rights Agreement (Highbury Financial Inc), Investor Rights Agreement (Highbury Financial Inc)
Amendments, Modifications and Waivers. Any covenant, agreement, provision or condition of this Agreement may be amended or modified, or compliance therewith may be waived (either generally or in any particular instance and either retroactively or prospectively), by (and only by) an instrument in writing signed by the Company Company, the Management Stockholders and Stockholders who hold (or will hold) more than fifty percent (50%) of the Company Common Stock issued or to be issued by the Company in the ExchangeInvestors.
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