Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 175 contracts
Samples: Lock Up Agreement (Thermogenesis Corp), Voting Agreement (Wilshire Enterprises Inc), Agreement and Plan of Reorganization (HMT Technology Corp)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 103 contracts
Samples: Agreement and Plan of Merger (Community Bank System, Inc.), Voting Agreement (Renovacor, Inc.), Voting Agreement (Rocket Pharmaceuticals, Inc.)
Amendments; Waiver. This Agreement may be amended by the parties ------------------ hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 25 contracts
Samples: Silknet Stock Option Agreement (Kana Communications Inc), Agreement and Plan of Merger (Netframe Systems Inc), Agreement and Plan of Merger (Micron Technology Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. Notwithstanding the foregoing, no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or future exercise of any other right hereunder.
Appears in 19 contracts
Samples: Voting Agreement (Western Asset Mortgage Capital Corp), Voting Agreement (Terra Capital Partners, LLC), Agreement and Plan of Merger (Ready Capital Corp)
Amendments; Waiver. This Agreement may be amended or modified only by a written instrument signed by each of the parties hereto and the terms and conditions hereof hereto. Any party may be waived only by waive any provision of this Agreement or compliance therewith; provided that such waiver is set forth in an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving complianceto be bound thereby. Any waiver or failure to insist on strict compliance with any agreement or obligation contained herein shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 13 contracts
Samples: Working Capital Reconciliation Agreement (New 360), Form of Indemnification and Tax Matters Agreement (New 360), Form of Noncompetition Agreement (New 360)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument in writing signed on behalf of the party waiving compliance.
Appears in 7 contracts
Samples: Stock Option Agreement (Inprise Corp), Stock Option Agreement (Cendant Corp), Stock Option Agreement (Inprise Corp)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance; provided, however, that the Company’s consent shall be required for any amendment to or waiver of Sections 2, 4, 6, 9(b), 9(c) and 12 of this Agreement.
Appears in 6 contracts
Samples: Support Agreement (Chindex International Inc), Support Agreement (Chindex International Inc), Support Agreement (Silverberg Elyse Beth)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliancecompliance with any of the terms or conditions of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Rofin Sinar Technologies Inc), Merger Agreement (Coherent Inc), Agreement and Plan of Merger (Supertex Inc)
Amendments; Waiver. This Voting Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 4 contracts
Samples: Voting Agreement (Cellegy Pharmaceuticals Inc), Voting Agreement (La Jolla Pharmaceutical Co), Voting Agreement (Cellegy Pharmaceuticals Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, hereto or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kulicke & Soffa Industries Inc), Agreement and Plan of Merger (Kulicke & Soffa Industries Inc), Stock Option Agreement (Kulicke & Soffa Industries Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.
Appears in 3 contracts
Samples: Voting Agreement (Stewart Brian), Voting Agreement (Francis Capital Management, LLC), Voting Agreement (Patient Safety Technologies, Inc)
Amendments; Waiver. This Agreement may be amended by modified, supplemented or amended, or the parties hereto provisions hereof waived, at any time and the terms and conditions hereof may be waived only by an instrument from time to time in writing signed on behalf of by each of the parties party hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 3 contracts
Samples: Supplemental Agreement (Johns Manville Corp /New/), Supplemental Agreement (Manville Personal Injury Settlement Trust), Supplemental Agreement (Johns Manville Corp /New/)
Amendments; Waiver. This Support Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 3 contracts
Samples: Support Agreement (Adamis Pharmaceuticals Corp), Support Agreement (Adamis Pharmaceuticals Corp), Support Agreement (Adamis Pharmaceuticals Corp)
Amendments; Waiver. This Agreement may be amended by the parties ----------- ------ hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 3 contracts
Samples: Stock Option Agreement (Microchip Technology Inc), Netiq Stock Option Agreement (Netiq Corp), Netiq Stock Option Agreement (Mission Critical Software Inc)
Amendments; Waiver. This Agreement may be amended by the parties ----------------------- hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Company Stock Option Agreement (Paragon Health Network Inc), Parent Stock Option Agreement (Paragon Health Network Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto ------------------ and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Oplink Stock Option Agreement (Avanex Corp), Stock Option Agreement (Verisign Inc/Ca)
Amendments; Waiver. This Agreement may be amended or waived by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Stock Option Agreement (Flextronics International LTD), Stock Option Agreement (Flextronics International LTD)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, hereto or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 2 contracts
Samples: Stock Option Agreement (Snyder Oil Corp), Stock Option Agreement (Horizon CMS Healthcare Corp)
Amendments; Waiver. This Agreement may be amended by the parties hereto Parties, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties heretoParties, or, in the case of a waiver, by an instrument signed on behalf of the party Party waiving compliance.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Use of Keys Agreement
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. Section 21.
Appears in 2 contracts
Samples: Ascend Stock Option Agreement (Cascade Communications Corp), Cascade Stock Option Agreement (Ascend Communications Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. For avoidance of doubt, any waiver or amendment of this Agreement shall require the consent of the Company (acting through the Special Committee of its Board of Directors).
Appears in 2 contracts
Samples: Tender Agreement (Handy & Harman Ltd.), Tender Agreement (Sl Industries Inc)
Amendments; Waiver. This Agreement may be amended by each of the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of by each of the parties hereto, or, in the case of a waiver, . Compliance with this Agreement may be waived only by an instrument signed on behalf of the party waiving compliance. Any amendment or waiver not affected in accordance with this Section 4.3 shall be null and void.
Appears in 2 contracts
Samples: Tender and Support Agreement (Nabriva Therapeutics PLC), Tender and Support Agreement (Blackbaud Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof 'may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Amendments; Waiver. (a) This Agreement may be amended by the parties hereto and the any of its terms and or conditions hereof may be waived only by an a written instrument in writing signed on behalf of each of the parties heretoexecuted by both Parties, or, or in the case of a waiver, by an instrument signed on behalf of the party Party waiving compliance.
Appears in 1 contract
Samples: Supply Agreement (Allurion Technologies Holdings, Inc.)
Amendments; Waiver. This Agreement may be amended by the parties ------------------- hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Samples: Stock Option Agreement (Netopia Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.- 7 -
Appears in 1 contract
Amendments; Waiver. This Agreement may be amended by the parties hereto Parties and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties heretoParties, or, in the case of a waiver, by an instrument signed on behalf of the party Party waiving compliance.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Old Guard Group Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions or any part hereof may be ------------------ amended, modified or waived only by an instrument in writing signed on behalf of each of the by both parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Samples: Fund Accounting Agreement (Builders Proloan Fund Inc)
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.. B-1-47 57
Appears in 1 contract
Samples: Viii 10 Agreement and Plan of Merger (Firstenergy Corp)
Amendments; Waiver. This Agreement may be amended by the parties hereto hereto, and the terms and conditions hereof may be waived waived, only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.. d.
Appears in 1 contract
Amendments; Waiver. This Agreement may be amended by ------------------ the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Amendments; Waiver. This Agreement may be amended by the parties Parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties Parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Amendments; Waiver. This Agreement Option may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Amendments; Waiver. This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance. 22.
Appears in 1 contract
Amendments; Waiver. This Option Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Appears in 1 contract
Amendments; Waiver. This Agreement may be amended by the parties hereto ------------------ and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument in writing signed on behalf of the party waiving compliance.
Appears in 1 contract
