Effect of this Waiver. This Waiver shall form a part of the 2015 Notes and SPAs for all purposes, and each holder of 2015 Notes and each party to the SPAs shall be bound hereby. This Waiver shall only be deemed to be in full force and effect from and after both the execution of this Waiver by the parties hereto and the execution of Waivers substantially identical to this Waiver by the “Holders” holding at least a majority of the aggregate principal amount of the 2015 Notes outstanding, including the Lead Investor, as well as the Collateral Agent, that, together with undersigned, constitute the Required Holders under each of the 2015 Notes and SPAs. From and after such effectiveness, any reference to the 2015 Notes and the SPAs shall be deemed to be a reference to the 2015 Notes and SPAs, as modified hereby. Except as specifically amended as set forth herein, each term and condition of the 2015 Notes and SPAs shall continue in full force and effect.
Appears in 3 contracts
Sources: Waiver (Ener-Core, Inc.), Waiver (Ener-Core, Inc.), Waiver (Ener-Core, Inc.)