Common use of Modifications; Amendments; Waivers Clause in Contracts

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company and Investors holding at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved by such Investor in writing.

Appears in 3 contracts

Sources: Registration Rights Agreement, Registration Rights Agreement (Carbylan Therapeutics, Inc.), Registration Rights Agreement (Carbylan Therapeutics, Inc.)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed signed, in the case of a modification or amendment, by the Company Corporation and the Investors holding at least a majority of the outstanding Registrable Shares held at such time, or in the case of a waiver, by all Investors then outstandingthe party against whom the waiver is to be effective; provided, however, that any proposed modification, amendment or waiver that treats any uniquely and adversely affects an Investor differently than the other Investors generally must be approved by shall require such Investor in writingInvestor's prior written approval.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Exchange Applications Inc), Registration Rights Agreement (Exchange Applications Inc), Registration Rights Agreement (Insight Venture Partners Iv Lp)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision applicable to the Investor be waived, except pursuant to a writing signed by (i) the Company and Investors holding at least a majority of (ii) the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved by such Investor in writingInvestor.

Appears in 3 contracts

Sources: Registration Rights Agreement (Nortek Inc), Registration Rights Agreement (Nortek Inc), Registration Rights Agreement (Ply Gem Industries Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company Corporation and Investors holding the holders of at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment to or waiver that treats modification of this Agreement which would have a disproportionate adverse affect on the rights of any Investor differently than shall require the other Investors generally must be approved by written consent of such Investor in writingInvestor.

Appears in 2 contracts

Sources: Registration Rights Agreement (Digital Theater Systems Inc), Registration Rights Agreement (Digital Theater Systems Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company and Investors the Stockholders holding at least a majority of the Registrable Restricted Shares (based upon Common Stock equivalents) then held by all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved by such Investor in writingStockholders.

Appears in 2 contracts

Sources: Registration Rights Agreement (Stratus Services Group Inc), Registration Rights Agreement (Stratus Services Group Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company Corporation and Investors holding the holders of at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment to or waiver that treats modification of this Agreement which would not have an adverse affect on the rights of any Investor differently than shall not require the other Investors generally must be approved by written consent of such Investor in writingInvestor.

Appears in 2 contracts

Sources: Registration Rights Agreement (Nbty Inc), Registration Rights Agreement (Nbty Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by (i) the Company and Investors holding (ii) the holders of at least a majority 80% of the Registrable Restricted Shares held by all Investors then issued and outstanding; provided, however, that no modification or amendment shall be effective to reduce the percentages of the shares of the holders the approval of which is required under this Section 19 nor shall any modification, modification or amendment or waiver that treats discriminate against any Investor differently than without the other Investors generally must be approved by consent of such Investor in writingInvestor.

Appears in 1 contract

Sources: Registration Rights Agreement (BMJ Medical Management Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Company Corporation and Investors holding the holders of at least a majority sixty-five percent (65%) of the Registrable Restricted Shares held by then outstanding. This Agreement may not be amended or terminated and the observance of any term of this Agreement may not be waived with respect to any Investor without the written consent of such Investor unless such amendment, termination or waiver applies to all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than in the other Investors generally must be approved by such Investor in writingsame fashion.

Appears in 1 contract

Sources: Registration Rights Agreement (Clarus Therapeutics Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except (i) pursuant to a writing signed by the Company and the Investors holding at least a majority of the Registrable Shares held by all Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved by such Investor in writingInvestors.

Appears in 1 contract

Sources: Registration Rights Agreement (Websense Inc)

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except (i) pursuant to a writing signed by the Company and the Investors holding at least a majority of the Registrable Restricted Shares (based upon Common Stock equivalents) held by all Investors, and (ii) that the Company may add additional Investors then outstanding; provided, however, that any modification, amendment or waiver that treats any Investor differently than the other Investors generally must be approved to this Agreement without consent by such Investor in writingexisting Investors.

Appears in 1 contract

Sources: Registration Rights Agreement (Interworld Corp)