Common use of Waivers and Further Agreements Clause in Contracts

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the Investors holding at a majority in interest of the issued and outstanding shares of Series A Preferred Stock (including shares of Common Stock into which any such shares may have been converted) then held or deemed to be held by all Investors by an instrument in writing. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other Investors.

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the Investors holding at a majority in interest of the issued and outstanding shares of Series A Preferred Stock (including shares of Common Stock into which any such shares may have been converted) then held or deemed issued to be held by all the Investors pursuant to the Repurchase Agreement by an instrument in writing. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other Investors.

Waivers and Further Agreements. Any of the provisions of this Agreement (except Sections 5 and 6) may be waived with the consent by an instrument in writing executed and delivered by Stockholders holding a majority of the Investors holding at a majority in interest of the issued and outstanding shares of Series A Preferred Stock (including shares of Common Stock into which any such shares may have been converted) then held or deemed to be held by all Investors by an instrument in writingStockholders, calculated on a fully-diluted basis. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors Holders any rights more favorable than any rights granted to all other Investors Holders or otherwise treats any one or more Investors Holders differently than all other InvestorsHolders.

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the Investors holding at least a majority in interest of the issued and outstanding shares of Series A Preferred Stock (including shares of Common Stock into which any such shares may have been converted) then held or deemed to be held by all Investors by an instrument in writing. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other Investors.

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the by an instrument in writing executed and delivered by Investors holding at a majority least two-thirds in interest of the issued and outstanding shares of Series A Preferred Common Stock (including shares of Common Stock into which any such shares may have been convertedof Preference Stock are convertible) then held or deemed to be held by all Investors by an instrument in writingInvestors. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other InvestorsInvestors and in no event shall the provisions of Section 8 be waived without the prior written consent of Mitsui.

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the Investors by an instrument in writing executed and delivered by Stockholders holding at a majority least Seventy-Five Percent (75%) in interest of the issued and outstanding shares of Series A Preferred Common Stock (including shares of Common Stock into which any such shares may have been convertedof Preferred Stock are convertible) then held or deemed to be held by all Investors by an instrument in writingStockholders. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one anyone or more additional Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one anyone or more Investors differently than all other Investors.

Waivers and Further Agreements. Any of the provisions of this ------------------------------ Agreement may be waived with the consent of the Investors holding at a majority in interest of the issued and outstanding shares of Series A Preferred Stock (including shares of Common Stock into which any such shares may have been converted) then held or deemed to be held by all Investors by an instrument in writing. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other Investors.

Waivers and Further Agreements. Any of the provisions of this Agreement may be waived with the consent of the by an instrument in writing executed and delivered by Investors holding at least a majority in interest of the issued and outstanding shares of Series A B Preferred Stock, Series B-1 Preferred Stock (including shares of Common and Series C Preferred Stock into which any such shares may have been converted) then held or deemed to be held by all Investors by an instrument in writingInvestors, voting together as a single class. Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one or more Investors any rights more favorable than any rights granted to all other Investors or otherwise treats any one or more Investors differently than all other Investors.