Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holder. No waiver by the Company or the Holder of any of the provisions of this Warrant shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company Buyer and the HolderSellers’ Representative on behalf of the Sellers. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingBuyer or Sellers’ Representative on behalf of Sellers. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant (a) This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. For clarity, the Company Parties agree that any agreement contained in an electronic mail communication shall not constitute a “written agreement” and the Holder. Agreement will be varied, amended or extended only pursuant to a written separate document that is signed with “wet” signatures by duly authorized officers or representatives, specifically referring to the Agreement. (b) No waiver by the Company or the Holder any Party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Buyer, the Company and Seller Parties constituting the Holderholders of a majority of the Shares. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company Buyer and the HolderSellers’ Representative. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingagainst whom such waiver is sought to be enforced. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant Certificate may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company Corporation or the Warrant Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant Certificate shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holder. No waiver by the Company or the Holder of any of the provisions of this Warrant shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by the Company Company, Hexagon and a majority of the Holderthen-outstanding Shares (if any). No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power power, or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each of the Equity- holders; provided, that the Board may amend this Agreement (and, subject to Section 6.03(a)(i), the Company Organizational Documents) to give effect to the issuance of Equity Interests to any purchaser as permitted by Section 6.03(a)(ii) and the Holderrelated admission of such purchaser as a party hereto. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant l 2Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power power, or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant may only be amended, modified modified, or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set ​ forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power power, or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantfor Section 7.01(c), which the parties may not amend or modify, this Warrant Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Omnibus Amendment may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach Party to this Omnibus Amendment. No waiver by the Company or the Holder any Party of any of the provisions of this Warrant Omnibus Amendment shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such the written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Omnibus Amendment shall operate or be construed as a waiver thereof, of this Omnibus Amendment; nor shall any single or partial exercise of any right, remedy, power or privilege of under this Warrant Omnibus Amendment preclude any other or further exercise thereof of this Omnibus Amendment or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Buyer, the Company Shareholder Representative, Seller, and the Holdersuch Shareholder or Shareholders affected by such amendment, modification or supplement. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Buyer, on the Company one hand, and the HolderSellers’ Representative and the Company, on the other hand. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Notwithstanding the foregoing, after the closing of the First Step Equity Infusion, QRM2 Holdings will be admitted to this Agreement as a “Seller” pursuant to a form of joinder agreement reasonably acceptable to ARC and the Seller Representative.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, restated, amended and restated, supplemented, or otherwise modified or supplemented by an agreement in writing signed by Seller on one hand and Buyer on the Company and the Holderother hand. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company holder(s) of a majority of the Seller Shares then subject to this Agreement, and the HolderCompany. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holder. No waiver by the Company or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company Partnership or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, restated, amended and restated, supplemented, or otherwise modified or supplemented by an agreement in writing signed by Sellers on one hand and Buyer on the Company and the Holderother hand. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise expressly provided in this Warrantherein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by SAR Holder, the Company and the HolderOperating Company. No waiver by SAR Holder, the Company or the Holder Operating Company of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party SAR Holder , the Company or the Operating Company shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the HolderHolder and their successors and assigns. No waiver by the Company or the Holder of any of the provisions of this Warrant shall be effective unless explicitly set forth in writing and signed by the party such parties so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided This Agreement may be amended or modified in this Warrantwhole or in part, this Warrant may only be amended, modified or supplemented by an a duly authorized agreement in writing signed executed by the Company each party hereto and the Holderwhich makes reference to this Agreement. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each of Buyer, Merger Sub, the Company and Stockholder Representative and, at any time prior to the HolderEffective Time, the Company. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No waiver by the Company Issuer, JSW or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement agreement, consent, proxy or other instrument, in writing signed by the Company and approved by the Holderpassing of a Special Resolution (as defined in the Articles) in accordance with the Articles, or by an agreement, consent, proxy or other written instrument signed by, Shareholders beneficially owning at least two-thirds of the then issued and outstanding Ordinary Shares. No waiver by the Company or the Holder any Shareholder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Person so waiving. No waiver by the Company or any party Shareholder shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrantherein, this Warrant Purchase Right may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach Party hereto. No waiver by the Company Corporation or the Holder of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Warrant Purchase Right shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this WarrantSection 11.07, this Warrant Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company and the Holdereach party hereto. No Except as provided in Section 11.07, no waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Support Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company each Party. Any provision of this Support Agreement may be waived at any time and the Holder. No from time to time; provided, that no waiver by the Company or the Holder any Party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Support Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Initial Shareholder; provided, that any amendment that would materially and adversely affect the Company rights or duties of a party shall require the consent of such party, it being understood that any amendment to the last two sentences of Section 2.1(e) hereof shall be deemed to materially and adversely affect the Holderrights or duties of the Trident Shareholders. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto (provided, that, at any time any Loan Obligations remain outstanding, the Company written consent of the applicable Lender shall also be required to amend, modify or supplement this Agreement other than Articles II and the HolderV of this Agreement). No waiver by the Company or the Holder any party of any of the provisions of this Warrant shall hereof will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving (provided, that, at any time any Loan Obligations remain outstanding, the written consent of the applicable Lender shall also be required prior to any waiver by the Investor of its rights under this Agreement other than Articles II and V). No waiver by any party shall will operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant shall Agreement will operate or be construed as a waiver thereof, ; nor shall will any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto, subject to Section 11.13 with respect to the Company and the HolderSellers’ Representatives. No waiver by the Company or the Holder any Party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Amendment and Modification; Waiver. Except as otherwise provided in this Warrant, this Warrant This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the Company Buyer and the HolderStockholder Representative. No waiver by the Company or the Holder any party of any of the provisions of this Warrant hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving (or by the Stockholder Representative in the case of any Seller or Optionholder). No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Warrant Agreement shall operate or be construed as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege of this Warrant hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.