Common use of Modifications; Amendments; Waivers Clause in Contracts

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed, in the case of a modification or amendment, by the Corporation and the Investors holding at least a majority of the outstanding Registrable Shares at such time, or in the case of a waiver, by the party against whom the waiver is to be effective; provided, however, that any proposed modification, amendment or waiver that uniquely and adversely affects an Investor shall require such Investor's prior written approval.

Appears in 3 contracts

Samples: Registration Rights Agreement (Insight Venture Partners Iv Lp), Securities Purchase Agreement (Exchange Applications Inc), Registration Rights Agreement (Exchange Applications Inc)

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Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed, in the case of a modification or amendment, signed by the Corporation and the Investors holding holders of at least a majority of the outstanding Registrable Shares at such time, or in the case of a waiver, by the party against whom the waiver is to be effectivethen outstanding; provided, however, that any proposed modification, amendment to or waiver that uniquely and adversely affects an modification of this Agreement which would have a disproportionate adverse affect on the rights of any Investor shall require the written consent of such Investor's prior written approval.

Appears in 2 contracts

Samples: Registration Rights Agreement (Digital Theater Systems Inc), Universal and Spielberg Registration Rights Agreement (Digital Theater Systems Inc)

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