Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 106 contracts
Sources: Exchange Agreement, Purchase Agreement (PLx Pharma Inc.), Securities Purchase Agreement (H/Cell Energy Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 100 contracts
Sources: Purchase Agreement (Sphere 3D Corp), Note Purchase Agreement (Renavotio, Inc.), Securities Purchase Agreement (Success Entertainment Group International Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 69 contracts
Sources: Investors’ Rights Agreement (Airgain Inc), Investors’ Rights Agreement (Airgain Inc), Investors' Rights Agreement (Sports Club Co Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 47 contracts
Sources: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.), Purchase Agreement (SharpSpring, Inc.), Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 20 contracts
Sources: Purchase Agreement (Audible Inc), Purchase Agreement (Tarantella Inc), Purchase Agreement (Conductus Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only if such amendment, modification or waiver is in writing and only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph section shall be binding upon each holder of any Securities purchased acquired under this Agreement at the time outstandingoutstanding (including securities into which such Securities are convertible), each future holder of all such Securities, and the Company.
Appears in 18 contracts
Sources: Follow on Securities Purchase Agreement (Birner Dental Management Services Inc), Securities Purchase Agreement (NanoVibronix, Inc.), Securities Purchase Agreement (NanoVibronix, Inc.)
Amendments and Waivers. Any term The provisions of this Agreement may be amended and the observance of or waived at any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), time only with by the written consent agreement of the Company and the InvestorsHolders of a Majority of the Registrable Securities. Any waiver, permit, consent or approval of any kind or character on the part of any such Holders of any provision or condition of this Agreement must be made in writing and shall be effective only to the extent specifically set forth in writing. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 18 contracts
Sources: Registration Rights Agreement (NextDecade Corp.), Registration Rights Agreement (NextDecade Corp.), Registration Rights Agreement (NextDecade Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 17 contracts
Sources: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsQuercus. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, and each future holder of all such Securities, securities and the Company.
Appears in 16 contracts
Sources: Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Securities. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 13 contracts
Sources: Common Stock and Warrant Purchase Agreement (Cavitation Technologies, Inc.), Common Stock and Warrant Purchase Agreement (Cavitation Technologies, Inc.), Common Stock and Warrant Purchase Agreement (Cavitation Technologies, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall will be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder Holder of all such Registrable Securities, and the Company.
Appears in 13 contracts
Sources: Registration Rights Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc), Restricted Stock Purchase Agreement (Daou Systems Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorswaiving party. Any amendment or waiver effected affected in accordance with this paragraph shall be binding upon each holder of any Securities Common Stock purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesCommon Stock, and the Company.
Appears in 12 contracts
Sources: Common Stock Purchase Agreement (Network Cn Inc), Common Stock Purchase Agreement (Network Cn Inc), Common Stock Purchase Agreement (Network Cn Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 12 contracts
Sources: Investor's Rights Agreement (Obagi Medical Products, Inc.), Investors’ Rights Agreement (Obagi Medical Products, Inc.), Investors’ Rights Agreement (Obagi Medical Products, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 12 contracts
Sources: Subscription Agreement (General Steel Holdings Inc), Collaboration Agreement (Theravance Inc), Collaboration Agreement (Theravance Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of the Common Stock. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 12 contracts
Sources: Common Stock Purchase Agreement (Ilustrato Pictures International Inc.), Common Stock Purchase Agreement (Ilustrato Pictures International Inc.), Common Stock Purchase Agreement (Samsara Luggage, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 11 contracts
Sources: Investors' Rights Agreement (Ensign Group, Inc), Registration Rights Agreement (Cell Therapeutics Inc), Investors’ Rights Agreement (Southwest Water Co)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph section shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 11 contracts
Sources: Registration Rights Agreement (Equity One, Inc.), Registration Rights Agreement (Equity One, Inc.), Registration Rights Agreement (Equity One, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any Purchaser; provided, however, that any such amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 10 contracts
Sources: Purchase Agreement (Biogentech Corp), Purchase Agreement (Sonic Foundry Inc), Purchase Agreement (Knightsbridge Fine Wines Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder Holder of all such Registrable Securities, and the Company.
Appears in 9 contracts
Sources: Registration Rights Agreement, Registration Rights Agreement (Seaspan CORP), Registration Rights Agreement (Seaspan CORP)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 9 contracts
Sources: Registration Rights Agreement (Greenlight Capital LLC), Registration Rights Agreement (Bet Associates Lp), Registration Rights Agreement (New World Coffee Manhattan Bagel Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesShares, and the Company.
Appears in 9 contracts
Sources: Purchase Agreement (Aehr Test Systems), Purchase Agreement (hopTo Inc.), Purchase Agreement (Tobira Therapeutics, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesShares, and the Company.
Appears in 8 contracts
Sources: Purchase Agreement (OptimizeRx Corp), Purchase Agreement (Vapor Corp.), Purchase Agreement (Pegasi Energy Resources Corporation.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Shares issued and outstanding. Any amendment or waiver effected made in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 8 contracts
Sources: Stock Purchase Agreement (Accuimage Diagnostics Corp), Stock Purchase Agreement (Accuimage Diagnostics Corp), Stock Purchase Agreement (Accuimage Diagnostics Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors representing at least one-half of the Investorsshares issued in this transaction. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesShares, and the Company.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Spire Global, Inc.), Stock Purchase and Settlement Agreement, Purchase Agreement (H/Cell Energy Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, Holder and the Companyits successors and permitted assigns.
Appears in 7 contracts
Sources: Registration Rights Agreement (Wynnefield Partners Small Cap Value Lp), Registration Rights Agreement (DLH Holdings Corp.), Registration Rights Agreement (DLH Holdings Corp.)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 7 contracts
Sources: Exchange Agreement (Apartment Investment & Management Co), Exchange Agreement (Apartment Investment & Management Co), Purchase Agreement (Prudential Insurance Co of America)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectivelyprospectively but only if so expressly stated), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 7 contracts
Sources: Registration Rights Agreement (Santarus Inc), Stock Issuance Agreement (Santarus Inc), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsParties hereto. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 6 contracts
Sources: Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (JinkoSolar Holding Co., Ltd.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Company, the Investorsholders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Securities, Registrable Securities and the Company.
Appears in 6 contracts
Sources: Registration Rights Agreement (Salton Inc), Registration Rights Agreement (Salton Inc), Registration Rights Agreement (Genius Products Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Infospace Inc), Purchase Agreement (Medical Dynamics Inc), Purchase Agreement (Insci Statements Com Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestors holding more than two-thirds of the Registrable Securities then outstanding. Any amendment or waiver effected effective in accordance with this paragraph Section 6.1 shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingInvestor, each future holder of all such Securitieshis, her or its heirs, representatives or permitted assigns, and the CompanyCompany and its heirs, representatives and permitted assigns.
Appears in 6 contracts
Sources: Common Stock and Warrant Purchase Agreement (KFX Inc), Investors' Rights Agreement (Westcliff Capital Management LLC/Ca), Common Stock and Warrant Purchase Agreement (KFX Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Securities, Registrable Securities and the Company.
Appears in 6 contracts
Sources: Stock Purchase Agreement (Miscor Group, Ltd.), Registration Rights Agreement (Miscor Group, Ltd.), Subordinated Convertible Debenture Purchase Agreement (Miscor Group, Ltd.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsparties hereto. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 6 contracts
Sources: Series a Preferred Share Purchase Agreement, Share Restriction Agreement (Phoenix Tree Holdings LTD), Series a Preferred Share Purchase Agreement (Perfect World Co., Ltd.)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 6 contracts
Sources: Investors' Rights Agreement (Pervasive Software Inc), Stock Purchase Agreement (Webb Interactive Services Inc), Investors' Rights Agreement (Hall Kinion & Associates Inc)
Amendments and Waivers. Any term of this Agreement may be amended amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsparty to be charged. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, securities and the Company.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Idenix Pharmaceuticals Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Securities. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities purchased securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 5 contracts
Sources: Common Stock Purchase Agreement (Worthington Energy, Inc.), Common Stock and Warrant Purchase Agreement (Worthington Energy, Inc.), Common Stock and Warrant Purchase Agreement (Worthington Energy, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 5 contracts
Sources: Purchase Agreement (Tarantella Inc), Purchase Agreement (Ursus Telecom Corp), Purchase Agreement (Inkine Pharmaceutical Co Inc)
Amendments and Waivers. Any term The provisions of this Agreement may be amended and the observance of or waived at any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), time only with by the written consent agreement of the Company and the InvestorsHolders of a majority of the Registrable Securities. Any waiver, permit, consent or approval of any kind or character on the part of any such Holders of any provision or condition of this Agreement must be made in writing and shall be effective only to the extent specifically set forth in writing. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 5 contracts
Sources: Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph Paragraph shall be binding upon each holder of any Securities Note purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesNote, and the Company.
Appears in 5 contracts
Sources: Securities Offering Agreement (Arkanova Energy Corp.), Securities Offering Agreement (Arkanova Energy Corp.), Conversion and Loan Modification Agreement (Arkanova Energy Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsparties hereto. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities have been converted), each future holder of all such Securitiessecurities, and the CompanyPurchaser.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Quadramed Corp), Stock Purchase Agreement (Quadramed Corp), Stock Purchase Agreement (Jelinek Richard C/)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsparties hereto. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each the holder of any Securities purchased under this Agreement at of the time outstandingShares, each future holder of all any of such SecuritiesShares, and the Company.
Appears in 5 contracts
Sources: Common Stock Purchase Agreement, Common Stock Purchase Agreement, Common Stock Purchase Agreement
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 5 contracts
Sources: Investor Rights Agreement (Advanced Biotherapy Inc), Investor Rights Agreement (Advanced Biotherapy Inc), Investor Rights Agreement (Advanced Biotherapy Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestors representing a majority of the Preferred Shares issued pursuant to this Agreement. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 5 contracts
Sources: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsDebt Holder. Any amendment or waiver effected in accordance with this paragraph Section 7.9 shall be binding upon the Debt Holder and each holder transferee of any Securities purchased under this Agreement at the time outstandingCommon Stock, each future holder of all such Securitiessecurities, and the Company.
Appears in 5 contracts
Sources: Debt Conversion Agreement, Debt Conversion Agreement (Prides Capital Partners, LLC), Debt Conversion Agreement (Prides Capital Partners, LLC)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be amended, terminated or waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investorsholders of a majority of the Common Shares. Any amendment or waiver effected in accordance with this paragraph shall Section 4.7 will be binding upon each holder of any Securities purchased under this Agreement at the time outstandingCompany, the Shareholders and each future holder of all such any Securities, and the Company.
Appears in 5 contracts
Sources: Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and 75% in interest of the Investors. Any Purchasers, provided, however, that any such amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 5 contracts
Sources: Purchase Agreement (Nexmed Inc), Purchase Agreement (Nexmed Inc), Purchase Agreement (Nexmed Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsKing. Any amendment or waiver effected in accordance with this paragraph Section 8.9 shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 4 contracts
Sources: Note Purchase Agreement (Novavax Inc), Note Purchase Agreement (Novavax Inc), Note Purchase Agreement (King Pharmaceuticals Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolders of a majority of the Registrable Securities, voting as a class. Any amendment or waiver effected in accordance with this paragraph shall will be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securities, securities and the Company.
Appears in 4 contracts
Sources: Registration Rights Agreement (Solomon Technologies Inc), Registration Rights Agreement (Solomon Technologies Inc), Registration Rights Agreement (Mercexchange LLC)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorseach Holder. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingHolders, each future holder of all such Securities, the Warrants and the Company.
Appears in 4 contracts
Sources: Warrant Agreement (Global Telesystems Group Inc), Warrant Agreement (Global Telesystems Group Inc), Warrant Agreement (Global Telesystems Group Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Company, and the InvestorsHolders as long as the Holders hold Registrable Securities. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, then outstanding and the Company.
Appears in 4 contracts
Sources: Registration Rights Agreement (Seacoast Banking Corp of Florida), Investment Agreement (Seacoast Banking Corp of Florida), Registration Rights Agreement (Seacoast Banking Corp of Florida)
Amendments and Waivers. Any term of this Agreement may be amended and ---------------------- the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsQuercus. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, and each future holder of all such Securities, securities and the Company.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of (i) the Company Company, and (ii) the InvestorsMajority Holders. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Stockholder of any Registrable Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, then outstanding and the Companyits permitted successors and assigns.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Patrick Industries Inc), Registration Rights Agreement (Tontine Capital Partners L P), Registration Rights Agreement (Patrick Industries Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsDebt Holder. Any amendment or waiver effected affected in accordance with this paragraph Section 6.09 shall be binding upon the Debt Holder and each holder transferee of any Securities purchased under this Agreement at the time outstandingCommon Stock, each future holder of all such Securitiessecurities, and the Company.
Appears in 4 contracts
Sources: Debt Conversion Agreement (Isecuretrac Corp), Debt Conversion Agreement (Isecuretrac Corp), Debt Conversion Agreement (Isecuretrac Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Rezolute, Inc.), Securities Purchase Agreement (Molecular Templates, Inc.), Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any such term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and a majority in interest of the Investorsholders of the Registrable Securities. Any Each Holder shall be bound by any amendment or waiver effected in accordance with authorized by this paragraph Section 3.4, whether or not such Holder shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Companyhave consented thereto.
Appears in 4 contracts
Sources: Registration Rights Agreement (Multimedia Games Inc), Registration Rights Agreement (Multimedia Games Inc), Registration Rights Agreement (Multimedia Games Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with by the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each the holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each any future holder of all such Securitiessecurities, and the Company.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Microfield Graphics Inc /Or), Common Stock Purchase Agreement (Steelcase Inc), Common Stock Purchase Agreement (Microfield Graphics Inc /Or)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Company, the Investor and the InvestorsGSK. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Note purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesNote, and the Company.
Appears in 4 contracts
Sources: Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder Holder of all such Securities, Registrable Securities and the Company.
Appears in 4 contracts
Sources: Registration Rights Agreement (Seaspan CORP), Registration Rights Agreement (Seaspan CORP), Registration Rights Agreement (Seaspan CORP)
Amendments and Waivers. Any term of this Agreement may be amended ---------------------- and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 3 contracts
Sources: Investors' Rights Agreement (Ocen Communications Inc), Investors' Rights Agreement (Actuate Software Corp), Common Stock Subscription Agreement (Solopoint Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible or exchanged), each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Geron Corporation), Common Stock Purchase Agreement (Geron Corporation), Common Stock Purchase Agreement (Geron Corporation)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this the Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and by Investors holding at least a majority of the InvestorsRegistrable Securities. Any amendment or waiver effected in accordance with this paragraph shall Section 8(h) will be binding upon each holder of any Securities purchased under this Agreement at the time outstandingCompany, each future holder of all such SecuritiesInvestor, and the Companytheir permitted transferees and assignees.
Appears in 3 contracts
Sources: Purchase Agreement (Vanguard Airlines Inc \De\), Unit Purchase Agreement (Vanguard Airlines Inc \De\), Purchase Agreement (Vangard Acquisition Co)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of Holder, any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, Registrable Securities and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Intrabiotics Pharmaceuticals Inc /De), Release Agreement (Intrabiotics Pharmaceuticals Inc /De), Release Agreement (Diversa Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, any securities into or for which such Securities are convertible or exchangeable, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Series C Preferred Stock Purchase Agreement (Usdata Corp), Series C Preferred Stock Purchase Agreement (Usdata Corp), Series C Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Company, and the InvestorsHolders as long as the Holders hold Registrable Securities. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Registrable Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, then outstanding and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Palmetto Bancshares Inc), Registration Rights Agreement (Intervest Bancshares Corp), Registration Rights Agreement (Jacksonville Bancorp Inc /Fl/)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities purchased under this Agreement Purchased Shares at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Investment Agreement (Lynx Ventures Lp), Stock Purchase Agreement (Excite Inc), Stock Purchase Agreement (Excite Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorsRequired Holders. Any amendment or waiver effected in accordance with this paragraph Section 10 shall be binding upon each holder of any Investor Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the CompanyCompany and each of its Subsidiaries.
Appears in 3 contracts
Sources: Securities Purchase Agreement (O Ray Holdings Inc), Securities Purchase Agreement (Digital Commerce Corp), Securities Purchase Agreement (Physician Health Corp)
Amendments and Waivers. Any Except as otherwise specified in this Agreement, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such Securities are convertible), each future holder of all such Securities, and the Company.
Appears in 3 contracts
Sources: Unit Purchase Agreement (Immune Response Corp), Unit Purchase Agreement (Kimberlin Kevin), Unit Purchase Agreement (Immune Response Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the Investors. Any amendment or waiver so effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities have been converted), each future holder of all such Securities, securities and the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Liqtech International Inc), Note and Warrant Purchase Agreement (Liqtech International Inc), Note and Warrant Purchase Agreement (Identiv, Inc.)
Amendments and Waivers. Any Except as otherwise expressly set forth in this Agreement, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolders of a majority of the Preferred Stock. Any amendment No waivers of or waiver effected exceptions to any term, condition or provision of this Agreement, in accordance with this paragraph any one or more instances, shall be binding upon each holder deemed to be, or construed as, a further or continuing waiver of any Securities purchased under this Agreement at the time outstandingsuch term, each future holder of all such Securities, and the Companycondition or provision.
Appears in 3 contracts
Sources: Joint Venture Agreement (Winwin Gaming Inc), Registration Rights Agreement (Winwin Gaming Inc), Joint Venture Agreement (Winwin Gaming Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities purchased under this Agreement Common Stock at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Stock Purchase Agreement (JMP Group Inc.), Stock Purchase Agreement (New York Mortgage Trust Inc), Stock Purchase Agreement (JMP Group Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Purchase Agreement (Regeneration Technologies Inc), Purchase Agreement (World Heart Corp), Purchase Agreement (On Technology Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph Paragraph shall be binding upon each holder of any Securities Notes purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesNotes, and the Company.;
Appears in 3 contracts
Sources: Securities Purchase Agreement (Blue Water Petroleum Corp.), Securities Offering Agreement (Arkanova Energy Corp), Securities Offering Agreement (Arkanova Energy Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Shares purchased hereunder. Any amendment or waiver effected in accordance with this paragraph section shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Marketo, Inc.), Common Stock Purchase Agreement (Odyssey Marine Exploration Inc), Common Stock Purchase Agreement (Odyssey Marine Exploration Inc)
Amendments and Waivers. Any term of this Agreement may be ---------------------- amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities are convertible), each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Stock and Warrant Purchase Agreement (Applied Imaging Corp), Stock Purchase Agreement (Applied Imaging Corp), Stock Purchase Agreement (Applied Imaging Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsStockholder. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingStockholder, each future holder person who becomes a transferee or assignee of all the Stockholder after such Securitiesamendment or waiver, and the Company.
Appears in 3 contracts
Sources: Registration and Stockholder Rights Agreement (Ixys Corp /De/), Stockholders Agreement (Abb Asea Brown Boveri LTD), Merger Agreement (Paradigm Technology Inc /De/)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Debentures purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesDebentures, and the Company.
Appears in 3 contracts
Sources: Purchase Agreement (Gulf United Energy, Inc.), Purchase Agreement (Gulf United Energy, Inc.), Purchase Agreement (Gulf United Energy, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended ---------------------- and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Required Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Purchase Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc), Stock Purchase Agreement (Applied Imaging Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsSubscriber. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement similar agreements at the time outstanding, each future holder of all such SecuritiesShares, and the Company.
Appears in 3 contracts
Sources: Subscription Agreement (Intersections Inc), Subscription Agreement (Intersections Inc), Subscription Agreement (Intersections Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph Section 9.6 shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 3 contracts
Sources: Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsStockholders. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder Holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Cryoport, Inc.), Registration Rights Agreement (Cryoport, Inc.), Registration Rights Agreement (Cryoport, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of at least seventy percent (70%) of the outstanding shares of the Registrable Securities. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingInvestor and Holder, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Rentech Inc /Co/), Registration Rights Agreement (Rentech Inc /Co/), Registration Rights Agreement (Rentech Inc /Co/)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), ) only with the written consent of the Company and the InvestorsRequired Purchasers. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Shares purchased under this Agreement at the time outstanding, each future holder of all such SecuritiesShares, and the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Rezolute, Inc.), Securities Purchase Agreement (Rezolute, Inc.), Securities Purchase Agreement (Rezolute, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Company, Abiomed and the Investors. Any amendment or waiver effected in accordance with this paragraph shall be binding upon Abiomed and each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 3 contracts
Sources: Recapitalization Agreement (New Leaf Ventures II, L.P.), Recapitalization Agreement (World Heart Corp), Recapitalization Agreement (Abiomed Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities Investor and the securities purchased under this Agreement at the time outstandingoutstanding (including securities into which such securities have been converted), each future holder of all such Securities, securities and the Company.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Computer Motion Inc), Stock Purchase Agreement (Computer Motion Inc), Stock Purchase Agreement (Computer Motion Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be or waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph Section 7(g) shall be binding upon the Investor, each holder transferee of any Securities purchased under this Agreement at the time outstandingSecurities, and each future holder of all such Securities, and the Companyregardless of whether he, she or it has given its written consent.
Appears in 3 contracts
Sources: Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor as long as Investor holds Registrable Securities. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, each future holder of all such Securities, Investor and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Coldwater Creek Inc), Registration Rights Agreement (Pacific Sunwear of California Inc), Registration Rights Agreement (Pacific Sunwear of California Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of at least a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Securities, Registrable Securities and the Company.
Appears in 3 contracts
Sources: Investor Rights Agreement (Constellation Energy Group Inc), Investor Rights Agreement (Midamerican Energy Holdings Co /New/), Participating Preferred Stock Purchase Agreement (Reliant Energy Inc)
Amendments and Waivers. Any Except as otherwise provided herein, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of at least 51% of the outstanding principal amount due under the Notes. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Security Purchase Agreement (Bioxytran, Inc), Note Purchase Agreement (bioAffinity Technologies, Inc.), Note Purchase Agreement (Bioxytran, Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall will be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the Company.
Appears in 3 contracts
Sources: Registration Rights Agreement (Mortgage Com Inc), Registration Rights Agreement (Mortgage Com Inc), Registration Rights Agreement (Mortgage Com Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investorsholders of a majority of the Common Stock. Any amendment or waiver effected in accordance with this paragraph shall will be binding upon each holder of any Securities securities purchased under this Agreement at the time outstandingtime, each future holder of all such Securitiessecurities, and the Company.
Appears in 3 contracts
Sources: Stock Purchase Agreement (World Wide Wireless Communications Inc), Stock Purchase Agreement (World Wide Wireless Communications Inc), Stock Purchase Agreement (World Wide Wireless Communications Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or amended, only in a particular instance and either retroactively or prospectively), only with the written consent of writing signed by the Company and the Investors. Any amendment or waiver effected in accordance with this paragraph Section 8.9 shall be binding upon the Investors and each holder transferee of any Securities purchased under this Agreement at the time outstandingCommon Shares, each future holder of all such Securities, securities and the Company.
Appears in 3 contracts
Sources: Common Stock Unit Purchase Agreement (New Nrg, Inc.), Common Stock Unit Purchase Agreement (New Nrg, Inc.), Common Stock Purchase Agreement (1st NRG Corp.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsRequired Holders. Any amendment or waiver effected in accordance with this paragraph Section shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingHolders, each future holder of all such Securities, Holders and the Company.
Appears in 2 contracts
Sources: Purchase Agreement (Vcampus Corp), Purchase Agreement (Knockout Holdings, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsJEMZ. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, and each future holder of all such Securities, securities and the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company Connetics and the Investorsholders of a majority of the Registrable Securities then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Registrable Securities purchased under this Agreement at the time then outstanding, each future holder of all such Registrable Securities, and the CompanyConnetics.
Appears in 2 contracts
Sources: Registration Rights Agreement (Connetics Corp), Registration Rights Agreement (Connetics Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsHolder. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstandingHolder, each future holder of all such Securities, the Warrants and the Company.
Appears in 2 contracts
Sources: Warrant Agreement (Soros George), Warrant Agreement (Soros George)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities securities purchased under this Agreement at the time outstanding, each future holder of all such Securitiessecurities, and the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Ligand Pharmaceuticals Inc), Stock Purchase Agreement (Ligand Pharmaceuticals Inc)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the InvestorsInvestor. Any amendment or waiver effected in accordance with this paragraph shall be binding upon each holder of any Securities purchased under this Agreement at the time outstanding, any securities into or for which such Securities are convertible or exchangeable, each future holder of all such Securitiessecurities, and the Company.
Appears in 2 contracts
Sources: Series C Convertible Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Series C Convertible Preferred Stock Purchase Agreement (Insci Corp)
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only if such amendment, modification or waiver is in writing and only with the written consent of the Company and the all Investors. Any amendment or waiver effected in accordance with this paragraph section shall be binding upon each holder of any Securities purchased acquired under this Agreement at the time outstanding, each future holder of all such Securities, and the Company.
Appears in 2 contracts
Sources: Note and Warrant Purchase Agreement (Via Pharmaceuticals, Inc.), Note and Warrant Purchase Agreement (Via Pharmaceuticals, Inc.)