Common use of Amendment Clause in Contracts

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 657 contracts

Sources: Unit Subscription Agreement (StoneBridge Acquisition II Corp), Unit Subscription Agreement (AParadise Acquisition Corp.), Unit Subscription Agreement (AParadise Acquisition Corp.)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 273 contracts

Sources: Private Placement Units Purchase Agreement (McKinley Acquisition Corp), Private Placement Units Purchase Agreement (McKinley Acquisition Corp), Private Placement Units Purchase Agreement (McKinley Acquisition Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 202 contracts

Sources: Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Underwriting Agreement (American Express Receivables Financing Corp Iii LLC), Underwriting Agreement (American Express Receivables Financing Corp Iii LLC)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement will be effective until approved in a manner consistent with the Investment Company Act, rules and regulations under the Investment Company Act and any applicable SEC or SEC staff guidance or interpretation.

Appears in 175 contracts

Sources: Investment Management Agreement (Deutsche DWS Securities Trust), Investment Management Agreement (Deutsche DWS Market Trust), Investment Management Agreement (Deutsche DWS Portfolio Trust)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which an enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 155 contracts

Sources: Administrative Services Agreement (BMO LGM Frontier Markets Equity Fund), Administrative Services Agreement (BMO Lloyd George Frontier Markets Equity Fund), Joint Fund Administration and Transfer Agency Agreement (Nationwide Variable Insurance Trust)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.

Appears in 122 contracts

Sources: Service Agreement (John Hancock CQS Asset Backed Securities Fund), Support Agreement (Arrow Investments Trust), Service Level Agreement (Manulife Private Credit Fund)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 60 contracts

Sources: Securities Purchase Agreement (ReTo Eco-Solutions, Inc.), Subscription Agreement (Datasea Inc.), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 35 contracts

Sources: Asset Purchase Agreement (SCP Pool Corp), Loan Agreement (Exploration Co of Delaware Inc), Loan Agreement (Natural Gas Systems Inc/New)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 20 contracts

Sources: Asset Purchase Agreement (GameSquare Holdings, Inc.), Pharmacy Purchase Agreement, Professional Services (Sandridge Energy Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended--------- changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 17 contracts

Sources: Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Bank National Association)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Investor.

Appears in 17 contracts

Sources: Common Stock and Warrant Purchase Agreement (ESS Tech, Inc.), Stock Purchase Agreement Amendment (Emerging Fuels Technology, Inc.), Revolving Credit Agreement (Cesca Therapeutics Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 17 contracts

Sources: Securities Purchase Agreement (Spatialight Inc), Securities Purchase Agreement (Spatialight Inc), Securities Purchase Agreement (Vita Food Products Inc)

Amendment. Except as expressly provided in Neither this Agreement, neither this Amendment and Termination Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 17 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.

Appears in 16 contracts

Sources: Management Agreement (Millrose Properties, Inc.), Management Agreement (Millrose Properties, Inc.), Management Agreement (Millrose Properties, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally or by course of dealing, but only by a written instrument statement in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 14 contracts

Sources: Subscription Agreement (ProQR Therapeutics N.V.), Stock Purchase Agreement (Spero Therapeutics, Inc.), Stock Purchase Agreement (Spero Therapeutics, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 14 contracts

Sources: Repurchase Agreement, Payment and Forbearance Agreement, Repurchase Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may shall be amended, waivedmodified, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.

Appears in 13 contracts

Sources: Subscription Agreement (Loton, Corp), Subscription Agreement (Loton, Corp), Subscription Agreement (Loton, Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 12 contracts

Sources: Property Management Agreement (Retail Value Inc.), Property Management Agreement (Retail Value Inc.), Loan Agreement (Mattress Holding Corp.)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amended, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such the amendment, waiver, discharge or termination is sought.. No material amendment to this Agreement shall be

Appears in 11 contracts

Sources: Investment Sub Advisory Agreement (Highland Funds Ii), Investment Sub Advisory Agreement (Highland Funds Ii), Investment Sub Advisory Agreement (Highland Funds Ii)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provisions thereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 9 contracts

Sources: Second Priority Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the terms hereof may be amended, waivedsupplemented, discharged waived or terminated other than modified except by a written an instrument in writing signed by each of the parties hereto or, in the case of a waiver, the party against whom which the enforcement of any such amendment, waiver, discharge or termination waiver is sought.

Appears in 8 contracts

Sources: Exchange Agreement (YRC Worldwide Inc.), Exchange Agreement (Carlyle Group L.P.), Exchange Agreement (Solus Alternative Asset Management LP)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 8 contracts

Sources: Consulting Agreement (Ring Energy, Inc.), Purchase and Sale Agreement (Contango Oil & Gas Co), Purchase and Sale Agreement

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement letter agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 7 contracts

Sources: Governance Agreement (CNS Response, Inc.), Governance Agreement (CNS Response, Inc.), Letter Agreement (Coherent Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 7 contracts

Sources: Purchase and Sale Agreement (Jones Energy, Inc.), Settlement Agreement, Purchase and Sale Agreement (Natural Resource Partners Lp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be changed, amended, modified, waived, or discharged either orally or terminated other than by a written any course of dealing, but only by an instrument in writing signed by the party against whom enforcement of any such the change, amendment, waivermodification, waiver or discharge or termination is sought.

Appears in 7 contracts

Sources: Development Agreement, Development Agreement, Development Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 7 contracts

Sources: Forbearance Agreement (TNP Strategic Retail Trust, Inc.), Forbearance and Modification Agreement (Techprecision Corp), Forbearance and Modification Agreement (Techprecision Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 6 contracts

Sources: Stock Purchase Agreement (Colonial Bancgroup Inc), Stock Purchase Agreement (Colonial Bancgroup Inc), Private Securities Subscription Agreement (Infinity Investors LTD)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing hand-signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 6 contracts

Sources: Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Energy 11, L.P.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 5 contracts

Sources: Branch Purchase and Assumption Agreement (Redding Bancorp), Branch Purchase and Assumption Agreement (Pacific Capital Bancorp), Branch Purchase and Assumption Agreement (North Valley Bancorp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 5 contracts

Sources: Underwriting Agreement (Morgan Stanley Capital I Trust 2020-L4), Underwriting Agreement (Morgan Stanley Capital I Trust 2019-L3), Underwriting Agreement (Morgan Stanley Capital I Trust 2019-H7)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 5 contracts

Sources: Settlement and Restructuring Agreement (Raptor Resources Holdings Inc.), Purchase and Sale Agreement (Cit Group Inc), Stock Purchase Agreement (Dcap Group Inc/)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties to this Agreement.

Appears in 5 contracts

Sources: Proxy Agreement (JAB Beauty B.V.), Pledge Agreement, Pledge Agreement (Net Element International, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than except by a written instrument writing signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 4 contracts

Sources: Intercreditor Agreement (DREW INDUSTRIES Inc), Intercreditor Agreement (Drew Industries Inc), Intercreditor Agreement (Drew Industries Inc)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 4 contracts

Sources: Investment Advisory and Services Agreement (Vestaur Securities Inc), General Administration Agreement (State Street Research Master Investment Trust), Investment Advisory and Administration Agreement (Brinson Managed Investments Trust)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 4 contracts

Sources: Non Redemption Agreement (Technology & Telecommunication Acquisition Corp), Non Redemption Agreement (Technology & Telecommunication Acquisition Corp), Non Redemption Agreement (Viveon Health Acquisition Corp.)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by all the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 4 contracts

Sources: Securities Exchange Agreement (Fishtheworld Holdings Inc), Securities Exchange Agreement (Mallis LTD Partnership), Share Purchase Agreement (Total First Aid Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof or provision thereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthis change, waiver, discharge or termination is sought.

Appears in 4 contracts

Sources: Executive Employment and Severance Agreement (Farm Fresh Inc), Executive Employment and Severance Agreement (Ff Holdings Corp), Executive Employment and Severance Agreement (Ff Holdings Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided, however, that any provisions hereof may be amended, waived, discharged or terminated upon the written consent of the Company and the Warrantholder.

Appears in 4 contracts

Sources: Joint Development Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof --------- may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Underwriting Agreement (First Usa Inc), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Management Services Agreement (Uranium Trading Corp), Management Services Agreement (Uranium Trading Corp), Administrative Services Agreement (Central GoldTrust)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may ---------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedmodified, changed, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe modification, change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.), Stock Pledge and Security Agreement (Brightstar Corp.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be --------- amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Stock Option Agreement (Numerical Technologies Inc), Stock Option Agreement (Numerical Technologies Inc), Stock Option Agreement (Numerical Technologies Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor not any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided however, that holders of a majority of the Registrable Securities may waive, modify or amend on behalf of all holders, any provisions hereof.

Appears in 3 contracts

Sources: Registration Rights Agreement (Ebiz Enterprises Inc), Registration Rights Agreement (Ebiz Enterprises Inc), Registration Rights Agreement (Herman Stephen C)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, modified, waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtto be bound.

Appears in 3 contracts

Sources: Stock Subscription and Repurchase Agreement (Driveway Corp), Stock Subscription and Repurchase Agreement (Driveway Corp), Stock Subscription Agreement (Driveway Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc), Loan Agreement (Laboratory Specialists of America Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than except by a written an instrument in writing signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtParties.

Appears in 3 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may --------- be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Underwriting Agreement (First Usa Credit Card Master Trust), Underwriting Agreement (First Usa Bank National Association), Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, modified, waived, discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party against whom the enforcement of any such amendmentchange, modification, waiver, discharge or termination is sought.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Great American Family Parks Inc), Purchase and Sale Agreement (Great American Family Parks Inc), Purchase and Sale Agreement (Us Wireless Online Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughteach party.

Appears in 2 contracts

Sources: Purchase Agreement (OrgHarvest, Inc.), Purchase Agreement (OrgHarvest, Inc.)

Amendment. Except as expressly otherwise provided in this Agreementherein, neither this Agreement --------- nor any term provisions hereof may shall be amended, waived, discharged or terminated other than by a without written instrument signed by consent of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtCompany and the Parties.

Appears in 2 contracts

Sources: Shareholder Agreement (Peoplepc Inc), Shareholder Agreement (Peoplepc Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing and signed by each of the party parties against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Loan Modification Agreement (Friendco Restaurants Inc), Loan Modification Agreement (Davco Acquisition Holding Inc)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought. 12.

Appears in 2 contracts

Sources: Voting Agreement (DT Cloud Acquisition Corp), Voting Agreement (DT Cloud Acquisition Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement Company and each of any the Holders who are adversely affected by such amendment, waiver, discharge or termination. Any such amendment, waiver, discharge or termination is soughteffected in accordance with this paragraph shall be binding upon each party to this Agreement.

Appears in 2 contracts

Sources: Preemptive Rights Agreement, Preemptive Rights Agreement (Rimini Street, Inc.)

Amendment. Except as expressly provided in Neither this Agreement, neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing, signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Administrative Services Agreement (Energy 11, L.P.), Administrative Services Agreement (Energy Resources 12, L.P.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedAmended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Letter of Credit Agreement (California Beach Restaurants Inc), Letter of Credit Agreement (California Beach Restaurants Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be --------- waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in such writing.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/), Asset Purchase Agreement (Ids Jones Growth Partners 87-a LTD/Co/)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term terms hereof may be amendedchanged, waived, discharged or terminated other than except by a written an instrument in writing signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (South Carolina Electric & Gas Co)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged or terminated amended in any manner other than by a written instrument in writing, signed by the party Party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination amendment is sought.

Appears in 2 contracts

Sources: Employment Agreement (Go Rachels Com Corp), Employment Agreement (Go Rachels Com Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party Party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Real Property Purchase Agreement (Heritage Oaks Bancorp), Branch Purchase and Assumption Agreement (Heritage Oaks Bancorp)

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated orally. Any such amendment or other than action may only be effected by a written instrument writing signed by the party seeking the amendment and the party against whom enforcement of any such amendment, waiver, discharge or termination amendment is soughtsought to be enforced.

Appears in 2 contracts

Sources: Investment Sub Advisory Agreement (Northern Lights Fund Trust), Investment Sub Advisory Agreement (Northern Lights Fund Trust)

Amendment. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.

Appears in 2 contracts

Sources: Common Stock Purchase Agreement (Earth Search Sciences Inc), Common Stock Purchase Agreement (Struthers Inc/Sc)

Amendment. Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing signed by all of the Members. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party against whom the enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Limited Liability Company Agreement, Limited Liability Company Agreement

Amendment. Except as expressly provided in this Agreement, neither No provision of this Agreement nor any term hereof may be amendedwaived, waivedchanged, modified, extended, discharged or terminated other than by terminated, except in a written instrument writing signed by the party or parties against whom enforcement of any such amendmentwaiver, waiverchange, modification, extension, discharge or termination is sought.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Aero Performance Products, Inc.), Merger Agreement (MFW Acquisition Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be waived, modified, amended, waiveddischarged, discharged or terminated other than except by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination writing is sought, and then only to the extent set forth in writing.

Appears in 2 contracts

Sources: Resignation Agreement and Mutual General Release (Western Water Co), Resignation Agreement and Mutual General Release (Western Water Co)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged discharged, or terminated other than by a written instrument signed by the party Party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 2 contracts

Sources: Share Subscription Agreement (Cintel Corp), Share Subscription Agreement (Cintel Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provision of this Agreement may be amendedchanged, waived, discharged or terminated orally nor in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Security Agreement (Aerosonic Corp /De/), Security Agreement (Aerosonic Corp /De/)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Employment Agreement (On Stage Entertainment Inc), Employment Agreement (On Stage Entertainment Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waivedmodified, waived or discharged or terminated orally or in any manner other than by a written instrument in writing signed by the party Party against whom enforcement of any such amendmentthe enforcement, change, modification, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Contribution Agreement, Contribution Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof of its terms may be amendedchanged or modified, waived, discharged or terminated other than (unless as otherwise provided hereunder) except by a written an instrument in writing signed by an authorized representative of the party against whom the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Education Agreement, Education Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may will be amendedmodified, waivedchanged, discharged or terminated other than except by a written an instrument in writing, signed by the party against whom enforcement of any such amendmentwaiver, waiverchange, discharge or termination is sought.

Appears in 2 contracts

Sources: Private Placement Subscription Agreement (Nava Resources, Inc.), Private Placement Subscription Agreement (Micrologix Biotech Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Separation Agreement (Hylete, Inc.), Separation Agreement (Hylete, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions --------- hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Forbearance Agreement (Pgi Inc), Contribution Agreement (Reckson Associates Realty Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof of this Agreement may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of provision hereof may be amendedchanged, waived, discharged or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Exchange and Sale of Stock Agreement (Evision Usa Com Inc), Stock Purchase Agreement (Evision Usa Com Inc)

Amendment. Except as expressly otherwise specifically provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, amended or otherwise modified other than by an instrument in writing (i) signed by the Parties to this Agreement and (ii) expressly purporting to amend or otherwise modify this Agreement. No provision of this Agreement may be waived, discharged or terminated other than by a written an instrument in writing signed by the party Party against whom which the enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Investment Agreement (Dyadic International Inc), Investment Agreement (Dyadic International Inc)

Amendment. Except as expressly provided in Neither this Agreement, neither this Modification Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 2 contracts

Sources: Mortgage Loan Modification Agreement (Resources Accrued Mortgage Investors 2 Lp), Mortgage Loan Modification Agreement (High Cash Partners L P)

Amendment. Except as expressly provided in this Agreement, --------- neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtboth parties hereto.

Appears in 2 contracts

Sources: Common Stock Purchase Agreement (Econnect), Common Stock Purchase Agreement (Econnect)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term of the provisions hereof may can be amendedchanged, waived, discharged discharged, or terminated other than terminated, except by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge discharge, or termination is sought.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than terminated, except by a written instrument signed duly executed on behalf of each party by the party against whom enforcement of any such amendment, waiver, discharge its duly authorized officer or termination is soughtemployee.

Appears in 1 contract

Sources: Indemnification Agreement (Fortune Brands Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Sidewalk Access Easement Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged discharged, or terminated other than orally, but only by a written an instrument in writing signed by the party Party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Settlement Agreement (Terax Energy, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provision hereof may be amendedchanged, waived, discharged or terminated other than orally. Any such change, waiver, discharge or termination may be effected only by a written an instrument in writing signed by the party against whom that enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Branch Purchase and Assumption Agreement (Surety Capital Corp /De/)

Amendment. Except as expressly provided in this Agreement, neither None of the provision of this Agreement nor any term hereof may can be amendedchanged, waived, discharged or terminated other than terminated, except by a written instrument document in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Servicing Agreement

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof of its provisions may be amendedchanged, waived, discharged or terminated other than orally. Any change, waiver, discharge or termination may be effected only by a written instrument writing signed by the party against whom which enforcement of any such amendmentchange, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Asta Funding Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof may be amended• changed, waived, discharged or terminated orally or in any manner other than by a written an instrument • in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Loan Agreement (International Shipholding Corp)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Registration Rights Agreement (U S Gold Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom which enforcement of any such amendmentthe changes, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Release Agreement (Monaco Finance Inc)

Amendment. Except as expressly provided in this AgreementSection 5.7 herein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Rights Agreement (Oplink Communications Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than terminated, except by a written instrument signed duly executed on behalf of each party hereto by the party against whom enforcement of any such amendment, waiver, discharge its duly authorized officer or termination is soughtemployee (or other authorized person).

Appears in 1 contract

Sources: Bill of Sale, Assignment and Assumption Agreement (Generation Hemp, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by each of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 1 contract

Sources: Unit Purchase Agreement (Oneworld Systems Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term provisions hereof --------- may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Registration Rights Agreement (Dsi Toys Inc)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.referencing this

Appears in 1 contract

Sources: Investors’ Rights Agreement (TrueCar, Inc.)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof of this Agreement may be amended, waived, discharged discharged, or terminated other than orally or by any act or failure to act, but only by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge discharge, or termination is sought.

Appears in 1 contract

Sources: Settlement Agreement (American Consolidated Mining Co)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 1 contract

Sources: Lien Sharing and Loan Extension Agreement (Us Dry Cleaning Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amendedchanged, --------- waived, discharged or terminated other than orally, but only by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Underwriting Agreement (First Usa Credit Card Master Trust)

Amendment. Except as expressly provided in this Agreementherein, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument referencing this Agreement and signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought, including on behalf of the Company, without the Disinterested Director Approval.

Appears in 1 contract

Sources: Registration Rights Agreement (Sunpower Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof provisions --------- thereof may be amendedchanged, waived, discharged or terminated orally or in any manner other than by a written an instrument in writing signed by the party against whom enforcement of any such amendmentthe change, waiver, discharge or termination is sought, but in any event in accordance with the terms and conditions of the Indenture.

Appears in 1 contract

Sources: Security Agreement (HCS Ii Inc)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged discharged, amended, modified or terminated termination other than by a written an instrument in writing signed by all of the party against whom enforcement of any such amendment, waiver, discharge or termination is soughtparties hereto.

Appears in 1 contract

Sources: Employment Agreement (Tullys Coffee Corp)

Amendment. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term or provision hereof may be amendedchanged, waived, discharged discharged, or terminated orally, or in any manner other than by a written an instrument in writing signed by the party against whom which the enforcement of any such amendmentthe change, waiver, waiver discharge or termination is sought.

Appears in 1 contract

Sources: Stock Purchase Agreement (Nathaniel Energy Corp)