Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser. (b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser. (c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 149 contracts
Sources: Note Purchase Agreement (Biovest International Inc), Note and Warrant Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (American Water Star Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations of the Company and the rights of Investor under this Agreement may be waived or terminated, only upon the written consent of the Company and the PurchaserInvestor.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 31 contracts
Sources: Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement, Convertible Promissory Note Subscription Agreement
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 18 contracts
Sources: Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.), Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc), Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 18 contracts
Sources: Securities Purchase Agreement (Infinite Group Inc), Securities Purchase Agreement (Infinite Group Inc), Securities Purchase Agreement (Path 1 Network Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and a majority in interest of the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the written consent of a majority in interest of the PurchaserPurchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserAgent.
(b) The obligations of the Company and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 7 contracts
Sources: Note Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (Pervasip Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of Preferred Stock may be waived only with the written consent of the Companysuch holder.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Cycle Country Accessories Corp), Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Implant Sciences Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights and the obligations of the Company and the rights and obligations of Purchaser may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Participation Agreement (Kymera Therapeutics, Inc.), Stock Purchase Agreement (Surface Oncology, Inc.), Stock Purchase Agreement (Unum Therapeutics, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserSubscriber.
(b) The obligations of the Company and the rights of the Purchaser holders of the Units under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations such holders of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyUnits.
Appears in 4 contracts
Sources: Subscription Agreement (Solar Thin Films, Inc.), Subscription Agreement (Global Axcess Corp), Subscription Agreement (Global Axcess Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) . The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) . The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Cyber Digital Inc), Securities Purchase Agreement (Epixtar Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserLaurus.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the PurchaserLaurus.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 4 contracts
Sources: 25% Convertible Note Purchase Agreement (American Water Star Inc), 10% Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)
Amendment and Waiver. (ai) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(bii) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(ciii) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Note and Warrant Purchase Agreement (Smart Move, Inc.), Note and Warrant Purchase Agreement (Smart Move, Inc.), Securities Purchase Agreement (Minatura Gold)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and each of the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the unanimous written consent of the PurchaserPurchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Corgenix Medical Corp/Co)
Amendment and Waiver. Subject to Section 11.4 hereof:
(a) This Except as otherwise provided in subsection (b) or (c) of this Section with respect to waivers, this Agreement may be restated, supplemented, amended or modified only upon the in a written consent of agreement between the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (TRUEYOU.COM), Securities Purchase Agreement (TRUEYOU.COM)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchaser or their respective successors.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the PurchaserPurchaser or its successors.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the CompanyCompany or its successors.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)
Amendment and Waiver. (a) This The provisions of this Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the prior written consent of the Company, Purchaser and the Majority Holders (as defined in the Purchase Agreement).
Appears in 3 contracts
Sources: Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings, Inc)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the obligations of the Company and the rights of the Holders under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of Requisite Preferred Holders. Notwithstanding the Company and the rights of the Purchaser under foregoing, this Agreement may not be amended or terminated and the observance of any term hereof may not be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.respect to any
Appears in 3 contracts
Sources: Investor Rights Agreement, Investor Rights Agreement (Iterum Therapeutics LTD), Investor Rights Agreement (Iterum Therapeutics LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or the Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Net 1 Ueps Technologies Inc), Common Stock Purchase Agreement (Net 1 Ueps Technologies Inc), Common Stock Purchase Agreement (Maitland Trustees LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.
(b) The obligations of the Company and the rights of the Purchaser Holder under this Agreement may be waived only with the written consent of the PurchaserHolder.
(c) The obligations of the Purchaser Holder and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 3 contracts
Sources: Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder Securities.
(b) The Except as otherwise expressly provided, the obligations of the Company and the rights of the Purchaser Holder under this Agreement may be waived only with the written consent of the PurchaserHolder.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Vista Medical Technologies Inc), Registration Rights Agreement (Vista Medical Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended amended, modified, or modified assigned only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Powercold Corp), Securities Purchase Agreement (Powercold Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company modified, and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holder(s) of the Shares under this Agreement may be waived waived, only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with upon the written consent of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Zummo Flight Technologies), Subscription Agreement (Zummo Flight Technologies)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent agreement of the Company and the Purchaserparties hereto.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Company and the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (GTM Holdings Inc), Common Stock Purchase Agreement (GTM Holdings Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations and rights of the Company and the Purchaser under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Common Share Put Agreement (Xenon Pharmaceuticals Inc.), Common Share Put Agreement (Xenon Pharmaceuticals Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights and the obligations of the Company and the rights and obligations of Purchasers may be waived, only upon the written consent of the Company and the PurchaserPurchasers.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Nocopi Technologies Inc/Md/), Stock Purchase Agreement (Adicet Bio, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares, the Warrants, the Warrant Shares and the Conversion Shares under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Investment Agreement (America Online Inc), Investment Agreement (Tivo Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Dendreon Corp), Stock Purchase Agreement (Dendreon Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights of the Company or Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Gartner Group Inc), Purchase Agreement (Intermedia Communications Inc)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the obligations of the Company and the rights of the Holders under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations holders of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.at
Appears in 2 contracts
Sources: Investor Rights Agreement, Investor Rights Agreement (Roku, Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.
(b) The obligations of the Company Companies and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 2 contracts
Sources: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Investor.
(b) The obligations of the Company and the rights of the Purchaser an Investor under this Agreement may be waived only with the written consent of the Purchasersuch Investor.
(c) The obligations of the Purchaser an Investor and the rights of the Company under this Agreement may be waived only with the written consent of the Company.. Table of Contents
Appears in 1 contract
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified modified, and the obligations of the Company and the rights of the Holders under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations holders of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.the
Appears in 1 contract
Sources: Investor Rights Agreement (Cidara Therapeutics, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser; provided that the Company may terminate this Agreement at any time without the written consent of the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Bio Key International Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserAgent.
(b) The obligations of the Company Companies and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserAgent.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Sources: Securities Purchase Agreement (Applied Digital Solutions Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations of the Company and the rights of the holders of the Shares and the Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Parent and the Purchaser.
(b) The obligations of the Company Parent and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company Parent under this Agreement may be waived only with the written consent of the CompanyParent.
Appears in 1 contract
Sources: Securities Purchase Agreement (Accentia Biopharmaceuticals Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the mutual written consent of the Company Company, the Purchaser and each of the PurchaserSelling Shareholders.
(b) The obligations Any amendment, modification or waiver effected pursuant to this Section 11.07 shall be binding upon the Company, Purchaser and each of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the PurchaserSelling Shareholders.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations of the Company and Purchaser under the Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Stock Purchase Agreement (Omni Bio Pharmaceutical, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaserall parties hereto.
(b) The obligations of the Company and its Subsidiaries and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company and its Subsidiaries under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (AGU Entertainment Corp.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Purchaser and the PurchaserCompany.
(b) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
(c) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Imagin Molecular Corp)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) . The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Series D Preferred Stock Purchase Agreement (Genomica Corp /De/)
Amendment and Waiver. (a) 12.5.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The 12.5.2 Except as otherwise provided herein, the obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The 12.5.3 Except as otherwise provided herein, the obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Tidel Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Grantee.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities and the Conversion Securities under this the Agreement may be waived only with the written consent of the Purchasereach Grantee.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Transfer, Assignment and Assumption Agreement (Myriant Corp)
Amendment and Waiver. (a) i. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) ii. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) iii. The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Exclusive Distribution Agreement (Freebutton, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaserboth parties.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified -------------------- modified, and the rights of the Company or Purchaser hereunder may only be waived, upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Cais Internet Inc)
Amendment and Waiver. Amendment and Waiver" \l 2.
(a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Securities under this the Agreement may be waived only with the written consent of the Purchaser.
(c) such holders of Securities. The obligations of the Purchaser and the rights of the Company under this Agreement holder of a Note may be waived only with the written consent of the Companyholder of such Note.
Appears in 1 contract
Sources: Securities Purchase Agreement (Metropolitan Health Networks Inc)
Amendment and Waiver. (a) a. This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) b. The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) c. The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Class a Common Stock Purchase Agreement (Chippac Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the Purchaser.
(b) The obligations of the each Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Sources: Securities Purchase Agreement (Pacific Energy Resources LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the obligations of the Company and the rights of the holders of the Shares under this Agreement may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Regulus Therapeutics Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the unanimous written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
Purchaser (c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ventures National Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Vobis Microcomputer Ag)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(ba) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(cb) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Trimedia Entertainment Group Inc)
Amendment and Waiver. (a) This Except as otherwise expressly provided, this Agreement may be amended or modified only upon the written consent of the Company and the PurchaserInitiating Holders.
(b) The Except as otherwise expressly provided, the obligations of the Company and the rights of the Purchaser Holders under this Agreement may be waived only with the written consent of the PurchaserInitiating Holders.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Registration Rights Agreement (Advanced Power Technology Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and and, as the Purchasercase may be, the Purchasers or the Warrant Holders.
(b) The obligations of the Company and the rights of the Purchaser Purchasers and warrant Holders under this Agreement may be waived only with the written consent of the PurchaserPurchasers and the Warrant Holders.
(c) The obligations of the Purchaser Purchasers and the Warrant Holders and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the Purchaser.
(b) The obligations of the Company Companies and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Sources: Securities Purchase Agreement (Digital Recorders Inc)
Amendment and Waiver. (a) This Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or modified in a particular instance and either retroactively or prospectively), only upon by the written consent of the Company and the Purchaser.
(b) The obligations of . Any amendment or waiver effected in accordance with this Section 7.2 shall be binding upon the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser, and their respective successors and assigns.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (El Capitan Precious Metals Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified modified, and the rights and the obligations of the Company and the rights and obligations of the Purchaser may be waived, only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Stock Purchase Agreement (Nocopi Technologies Inc/Md/)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of Patients, the Company and the Purchaser.
(b) The obligations of Patients and the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of Patients under this Agreement may be waived only with the written consent of Patients.
(d) The rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Patients & Physicians, Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.only
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Company, Cancable Parent and the Purchaser.
(b) The obligations of the Company and Cancable Parent and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company and Cancable Parent under this Agreement may be waived only with the written consent of the CompanyCompany and Cancable Parent.
Appears in 1 contract
Sources: Securities Purchase Agreement (Creative Vistas Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent agreement of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser under this the Agreement may be waived only with the written consent of the Purchaserother party but any waiver or failure to insist upon strict compliance with such obligations shall not operate as a waiver of, or estoppel with respect to, any subsequent failure of compliance.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Cambridge Holdings LTD)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserHolder.
(b) The obligations of the Company and the rights of Holder under the Purchaser under this Agreement may be waived only with the written consent of the PurchaserHolder.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Common Stock Exchange and Stockholder Agreement (CorMedix Inc.)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) . The obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company Companies and the PurchaserCreditor Parties.
(b) The obligations of the each Company and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the PurchaserCreditor Parties.
(c) The obligations of the Purchaser Creditor Parties and the rights of the Company Companies under this Agreement may be waived only with the written consent of the CompanyCompanies.
Appears in 1 contract
Sources: Securities Purchase Agreement (True North Energy CORP)
Amendment and Waiver. (a) 12.7.1 This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The 12.7.2 Except as otherwise provided herein, the obligations of the Company and the rights of the Purchaser under this Agreement may be waived only with the written consent of the Purchaser.
(c) The 12.7.3 Except as otherwise provided herein, the obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Tidel Technologies Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchasereach Investor.
(b) The obligations of the Company and the rights of the Purchaser an Investor under this Agreement may be waived only with the written consent of the Purchasersuch Investor.
(c) The obligations of the Purchaser an Investor and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) Agent. The obligations of the Company and the rights of the Purchaser Creditor Parties under this Agreement may be waived only with the written consent of the Purchaser.
(c) Agent. The obligations of the Purchaser Creditor Parties and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Securities Purchase Agreement (Micro Component Technology Inc)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserStockholders.
(b) The obligations of the Company and the rights of the Purchaser Holders under this Agreement may be waived only with the written consent of the PurchaserStockholders.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the Purchaser.
(b) The obligations of the Company and the rights of the Purchaser holders of the Shares and the Conversion Shares under this the Agreement may be waived only with the written consent of the Purchaser.
(c) The obligations of the Purchaser and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Sources: Series G Preferred Stock Purchase Agreement (General Electric Co)
Amendment and Waiver. (a) This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserPurchasers then holding a majority of the principal outstanding amount of the Notes (“Required Purchasers”).
(b) The obligations of the Company and the rights of the Purchaser Purchasers under this Agreement may be waived only with the written consent of the PurchaserRequired Purchasers.
(c) The obligations of the Purchaser Purchasers and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract
Amendment and Waiver. (a) 7.6.1 This Agreement may be amended or modified only upon the written consent of the Company and the PurchaserLender.
(b) 7.6.2 The obligations of the Company and the rights of the Purchaser Lender under this Agreement may be waived only with the written consent of the PurchaserLender.
(c) 7.6.3 The obligations of the Purchaser Lender and the rights of the Company under this Agreement may be waived only with the written consent of the Company.
Appears in 1 contract