Common use of Amendment and Modification; Waiver of Compliance Clause in Contracts

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company and the Principal Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 6 contracts

Sources: Governance Agreement (Presto Automation Inc.), Stockholders Agreement (Presto Automation Inc.), Governance Agreement (Presto Automation Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company and the Principal StockholdersStockholder, to amend this Agreement. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 5 contracts

Sources: Share Purchase Agreement (Xenetic Biosciences, Inc.), Share Purchase Agreement (Xenetic Biosciences, Inc.), Voting Agreement (Xenetic Biosciences, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company Company, the LGP Stockholders and the Principal StockholdersCVC Stockholder. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 4 contracts

Sources: Voting Agreement (BJ's Wholesale Club Holdings, Inc.), Voting Agreement (BJ's Wholesale Club Holdings, Inc.), Voting Agreement (BJ's Wholesale Club Holdings, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company and the Principal Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure; provided that the Company shall not be entitled to waive the obligations to the Company of each Principal Stockholder in Article 2.

Appears in 3 contracts

Sources: Stockholders Agreement (Bioventus Inc.), Stockholders Agreement (Bioventus Inc.), Stockholders Agreement (Bioventus Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by all of the Company and the Principal Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Sources: Trading Agreement (Select Equity Group, L.P.), Trading Agreement (Green Equity Investors VI, L.P.), Trading Agreement (Garutti Randall J)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company Management Stockholders and the Principal LGP Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Sources: Voting Agreement (Container Store Group, Inc.), Voting Agreement (Tindell William A), Voting Agreement (Container Store Group, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company and the Principal StockholdersParties hereto. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Sources: Stockholders Agreement (Berrard Holdings Limited Partnership), Stockholders' Agreement (RumbleON, Inc.), Stockholders Agreement (Smart Server, Inc)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may not be amended only amended, modified, altered or supplemented except by means of a written instrument duly executed by on behalf of each of the Company Corporation and ULSE, and the Principal Stockholders. (b) Except as otherwise provided in this Agreement, any failure observance of any term of the parties to comply with any obligation, covenant, agreement or condition herein this Agreement may be waived by the party entitled to the benefits thereof (either generally or in a particular instance, and either retroactively or prospectively), only by a written instrument signed by the party granting such waiveror parties entitled to the benefits thereof, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Sources: Stockholder Agreement (UL Solutions Inc.), Stockholder Agreement (UL Solutions Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may not be amended only amended, modified, altered or supplemented except by means of a written instrument duly executed on behalf of each of the parties hereto. For clarity, each Stockholder may without the consent of any other Person waive or terminate its respective rights to designate directors for nomination to the Board at any time by written notice to the Company and the Principal Stockholders. (b) Corporation. Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Sources: Stockholders Agreement (Fluence Energy, Inc.), Stockholders Agreement (Fluence Energy, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Subject to applicable law, this Agreement may be amended amended, modified, and supplemented only by a written instrument duly executed agreement signed by the Company and the Principal Stockholders. (b) Except as otherwise provided in Parties. Any failure by any Party to this Agreement, any failure of any of the parties Agreement to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother Party hereto, but such waiver waivers or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel estoppels with respect to, to any subsequent or other failure.

Appears in 2 contracts

Sources: Stock Exchange Agreement (Ameriresource Technologies Inc), Stock Exchange Agreement (Midnight Holdings Group Inc)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company Company, the Partnership, and the Principal Stockholdersa Class B Supermajority. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Sources: Stockholders Agreement (StepStone Group Inc.), Stockholders Agreement (StepStone Group Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company each Principal Stockholder and the Principal StockholdersCorporation. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Sources: Stockholders Agreement (Philadelphia Energy Solutions Inc.)

Amendment and Modification; Waiver of Compliance. (a) 4.2.1 This Agreement may be amended only by a written instrument duly executed by the Company and Stockholders holding no less than 66 2/3% of the Principal StockholdersShares subject to this Agreement. (b) 4.2.2 Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Sources: Registration Rights Agreement (International Steel Group Inc)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company and each of the Principal Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Sources: Voting Agreement (Vacasa, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company ▇▇. ▇▇▇▇▇▇▇▇ and the Principal Cinven Stockholders. (b) Except as otherwise provided in this Agreement, any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Sources: Voting Agreement (Medpace Holdings, Inc.)

Amendment and Modification; Waiver of Compliance. (a) This Agreement may be amended only by a written instrument duly executed by the Company Company, the LGP Stockholders, the Arsenal Stockholders, the Novo Stockholder and the Principal StockholdersGIC Stockholder. (b) Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Sources: Voting Agreement (WCG Clinical, Inc.)