Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 37 contracts
Sources: Senior Note Purchase Agreement (GeoVax Labs, Inc.), Lowcal Agreements (Eos Petro, Inc.), Patent Purchase Agreement (Sunshine Biopharma, Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 30 contracts
Sources: Convertible Note and Warrant Purchase Agreement, Secured Promissory Note (EV Transportation, Inc.), Note Purchase and Line of Credit Agreement (Sunpower Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 28 contracts
Sources: Secured Subordinated Promissory Note (CrowdGather, Inc.), Secured Promissory Note (CrowdGather, Inc.), Secured Promissory Note (CrowdGather, Inc.)
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 26 contracts
Sources: Warrant Agreement (AMEDICA Corp), Warrant Agreement (AMEDICA Corp), Warrant Agreement (Quanterix Corp)
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 25 contracts
Sources: Warrant Agreement (bioAffinity Technologies, Inc.), Warrant Agreement (STWC. Holdings, Inc.), Warrant Agreement (Foothills Exploration, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor.
Appears in 23 contracts
Sources: Convertible Promissory Note (Artelo Biosciences, Inc.), Note (ImmunityBio, Inc.), Note Agreement (ImmunityBio, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 21 contracts
Sources: Convertible Promissory Note (Grom Social Enterprises, Inc.), Purchase Agreement (Visualant Inc), Purchase Agreement (Visualant Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor.
Appears in 19 contracts
Sources: Convertible Promissory Note (Neuraxis, INC), Convertible Promissory Note (Neuraxis, INC), Convertible Promissory Note (Neuraxis, INC)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderLender.
Appears in 17 contracts
Sources: Asset Purchase Agreement (TransBiotec, Inc.), Promissory Note (MultiVir Inc.), Promissory Note (MultiVir Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a Requisite Percentage.
Appears in 17 contracts
Sources: Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Secured Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Secured Subordinated Promissory Notes (MobileSmith, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the Holder.
Appears in 9 contracts
Sources: Subordination Agreement (Cherokee Inc), Subordination Agreement (Cherokee Inc), Subordination Agreement (Apex Global Brands Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the Holder.
Appears in 7 contracts
Sources: Senior Convertible Promissory Note (Xspand Products Lab, Inc.), Convertible Promissory Note (Cardtrend International Inc.), Convertible Promissory Note (Cardtrend International Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderRequired Holders.
Appears in 5 contracts
Sources: Promissory Note (Colonnade Acquisition Corp.), Senior Secured Convertible Note (Grom Social Enterprises, Inc.), Senior Secured Convertible Note (Grom Social Enterprises, Inc.)
Waiver and Amendment. Any provision term of this Note may be amendedamended or waived, waived either retroactively or modified upon prospectively, with the written consent of the Company and the Holder.
Appears in 5 contracts
Sources: License Agreement (Kura Oncology, Inc.), Asset Purchase Agreement (Kura Oncology, Inc.), License Agreement (Kura Oncology, Inc.)
Waiver and Amendment. Any provision of this Note This Warrant may be amended, modified or amended or the provisions hereof waived or modified upon only with the written consent of the Company and the Holder.
Appears in 4 contracts
Sources: Novation and Amendment Agreement (MEI Pharma, Inc.), Funding Agreement (MEI Pharma, Inc.), Novation and Amendment Agreement (Infinity Pharmaceuticals, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuers and the HolderPurchaser.
Appears in 4 contracts
Sources: Note Purchase Agreement (FNDS3000 Corp), Note Purchase Agreement (FNDS3000 Corp), Secured Convertible Promissory Note (FNDS3000 Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderCompany.
Appears in 4 contracts
Sources: Convertible Note Agreement (Landcadia Holdings, Inc.), Convertible Note (FGL Holdings), Convertible Note Agreement (Silver Eagle Acquisition Corp.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderHolder of the Note.
Appears in 3 contracts
Sources: Exclusive License Agreement (BTHC Iii Inc.), Exclusive License Agreement (BTHC Iii Inc.), Exclusive License Agreement (BTHC Iii Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent agreement of the Company and the HolderLender.
Appears in 3 contracts
Sources: Loan Agreement (Hybrid Technologies Inc.), Promissory Note (Hybrid Technologies Inc.), Promissory Note (Hybrid Technologies Inc.)
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified upon the written consent of the Company and the Holder.
Appears in 3 contracts
Sources: Convertible Promissory Note (Worldquest Networks Inc), Settlement Agreement (Netiq Corp), Development, License and Supply Agreement (Inspire Pharmaceuticals Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of a Majority in Interest.
Appears in 3 contracts
Sources: Note Purchase Agreement, Promissory Note (Skinvisible Inc), Note Purchase Agreement (Senorx Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderPurchaser.
Appears in 3 contracts
Sources: Share Purchase Agreement (Red Cat Holdings, Inc.), Secured Promissory Note (Red Cat Holdings, Inc.), Note Purchase Agreement (Vivus Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderLender.
Appears in 3 contracts
Sources: Note Agreement (XpresSpa Group, Inc.), Note Agreement (XpresSpa Group, Inc.), Note Agreement (XpresSpa Group, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the HolderPurchaser.
Appears in 3 contracts
Sources: Convertible Promissory Note (FNDS3000 Corp), Convertible Promissory Note (FNDS3000 Corp), Secured Convertible Promissory Note (FNDS3000 Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderHolder of this Note.
Appears in 3 contracts
Sources: License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Adverum Biotechnologies, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder. Any amendment or waiver effected in accordance with this Section 6 shall be binding upon the Company, the Holder and each transferee of a Note.
Appears in 3 contracts
Sources: Convertible Note Purchase Agreement (Puredepth, Inc.), Convertible Note Purchase Agreement and Security Agreement (Puredepth, Inc.), Convertible Note Purchase Agreement and Security Agreement (Puredepth, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 3 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement, Note Purchase Agreement (Launch Media Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Issuer and the HolderHolders’ Representative.
Appears in 3 contracts
Sources: Membership Interest Purchase Agreement (Primoris Services CORP), Promissory Note (Primoris Services CORP), Subordinated Note (Primoris Services CORP)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderInvestor. Investor acknowledges and agrees that any provision of this Note may also be amended or waived by the written consent of the Company and the Requisite Holders as provided in Section 6.6 of the Purchase Agreement.
Appears in 2 contracts
Sources: Convertible Promissory Note (New Jersey Mining Co), Convertible Promissory Note (New Jersey Mining Co)
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified only upon the written consent of both the Company and the Holder, or if applicable, waived in writing by the affected party. Any amendment or waiver effected in accordance with this Section 8 shall be binding upon the Company, Holder and each transferee of this Note.
Appears in 2 contracts
Sources: Loan Agreement (Aurelio Resource Corp), Respite Agreement and Amendment of Loan Agreement (Aurelio Resource Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified upon the written consent of the Company and the Holder.
Appears in 2 contracts
Sources: Promissory Note (HyreCar Inc.), Financing Agreement (Echo Automotive, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderRequisite Majority.
Appears in 2 contracts
Sources: Note Purchase Agreement (Miramar Labs, Inc.), Note Purchase Agreement (Miramar Labs, Inc.)
Waiver and Amendment. Any Subject to Section 2.05(c) of the Agreement, any provision of this Note may be amended, waived waived, or modified upon only with the written consent of the Company and the Holder.
Appears in 2 contracts
Sources: Share Exchange Implementation Agreement, Share Exchange Implementation Agreement (Playa Hotels & Resorts N.V.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and all of the HolderInvestors.
Appears in 2 contracts
Sources: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (PogoTec, Inc.)
Waiver and Amendment. Any No provision of this Note may be amendedwaived, waived amended or modified upon without the prior written consent of the Company Holder (or, to the extent provided for herein or in the Purchase Agreement, the Requisite Purchasers) and the HolderCompany.
Appears in 2 contracts
Sources: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder. In case any provision of this Note is deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
Appears in 2 contracts
Sources: Convertible Note (Dyneco Corp), Convertible Note (Iq Biometrix Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified upon the written consent of the Company and the HolderInvestor. Any waiver of any provision of this Note must be in a written form duly executed by the Company or the Investor against whom such waiver is to be enforced.
Appears in 2 contracts
Sources: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderLender.
Appears in 2 contracts
Sources: Secured Promissory Note (American CareSource Holdings, Inc.), Secured Promissory Note (American CareSource Holdings, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, modified, discharged or modified upon the terminated by written consent of agreement signed by the Company and the Holder.
Appears in 2 contracts
Sources: Convertible Promissory Note (Geovax Labs, Inc.), Convertible Promissory Note (Geovax Labs, Inc.)
Waiver and Amendment. Any provision of this Note (including an Event of Default) may be amended, waived or modified upon only with the written consent of the Company and the Holder.
Appears in 2 contracts
Sources: Convertible Note, Note (Iridium Communications Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderregistered holder of this Note.
Appears in 2 contracts
Sources: Purchase and Subscription Agreement (Bank One Corp), Purchase and Subscription Agreement (Bank One Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholder of this Note.
Appears in 2 contracts
Sources: Secured Promissory Note (RiceBran Technologies), Secured Promissory Note (RiceBran Technologies)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holderholders of all then outstanding Notes.
Appears in 2 contracts
Sources: 12% Subordinated Note (Avatech Solutions Inc), 10% Subordinated Note With Warrant (Avatech Solutions Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only as to the Holder of this Note upon the written consent of the Company and the Holder.
Appears in 2 contracts
Sources: Note and Warrant Purchase Agreement (Satcon Technology Corp), Note Purchase Agreement (Satcon Technology Corp)
Waiver and Amendment. Any provision of this Note may only be amendedwaived, waived amended or modified upon the written consent of the Company and the HolderInvestor.
Appears in 2 contracts
Sources: Secured Convertible Promissory Note (Bond) Addendum (Ocean Thermal Energy Corp), Secured Convertible Promissory Note (Bond) (Ocean Thermal Energy Corp)
Waiver and Amendment. Any provision of this Note Warrant may be amended, waived or modified upon the written consent of the Company and the Holderholder.
Appears in 2 contracts
Sources: Warrant Agreement (Cosi Inc), Warrant Agreement (Cosi Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of both the Company and the Holder.
Appears in 2 contracts
Sources: Convertible Promissory Note (Churchill Downs Inc), Convertible Promissory Note (Churchill Downs Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified only upon the written consent of both the Company and the Holder. Any amendment or waiver effected in accordance with this Section 7 shall be binding upon the Company and the Holder of this Note.
Appears in 2 contracts
Sources: Master Loan Agreement (Splinex Technology Inc.), Bridge Loan Agreement (Splinex Technology Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived amended or modified upon the written consent of the Company and the HolderLender. Any waiver of any provision of this Note must be in a written form duly executed by the Company or the Lender against whom such waiver is to be enforced.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderFounder.
Appears in 1 contract
Sources: Note (Electronic Arts Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderRequisite Holders.
Appears in 1 contract
Sources: Convertible Note and Warrant Purchase Agreement (Oxygen Biotherapeutics, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and Investor. Any such amendment, waiver or modification effected in accordance with this paragraph shall be binding upon the HolderCompany and Investor.
Appears in 1 contract
Sources: Secured Convertible Promissory Note (CNS Response, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon (either generally or in a particular instance and either retroactively or prospectively) only with the written consent of the Company and the Holder, which shall not be unreasonably withheld.
Appears in 1 contract
Sources: Convertible Promissory Note (Atlas Therapeutics Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of (a) the Company and the Holder, or (b) so long as all Notes are subject to identical amendment(s), the Company and the Requisite Holders.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Blue Gold LTD)
Waiver and Amendment. Any provision The provisions of this Note may only be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Borrowers and the Holder.
Appears in 1 contract
Sources: Secured Convertible Promissory Note (Walker Reid S)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the express written consent of the Company and the HolderInvestor.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company Issuer and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified upon only by the written consent of the Company and the HolderHolders.
Appears in 1 contract
Sources: Loan Agreement (Body & Mind Inc.)
Waiver and Amendment. Any provision of this Promissory Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Sources: Convertible Security Agreement (Grom Social Enterprises, Inc.)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, modified, discharged, or modified terminated solely upon the written consent of both the Company and the Holder.
Appears in 1 contract
Sources: Promissory Note (Schimatic Cash Transactions Network Com Inc)
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Concentric Network Corp)
Waiver and Amendment. Any provision of this Note may be amended, -------------------- waived or modified only upon the written consent of the Company and the Holder.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Concentric Network Corp)
Waiver and Amendment. Any provision of this Convertible Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Sources: Lease Agreement, Stock Option Plan, Security Agreement, Employment Agreement (Cimetrix Inc)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderNoteholder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderInvestor.
Appears in 1 contract
Sources: Promissory Note (Hempacco Co., Inc.)
Waiver and Amendment. Any provision term of this Note may be amended, waived waived, or modified upon with the prior written consent of the Company and the HolderCompany.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderHolder of the Note.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.Investor.
Appears in 1 contract
Sources: Secured Convertible Promissory Note (Anzu Special Acquisition Corp I)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified only upon the written consent of the Company and the HolderMajority Holders.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Ascend Wellness Holdings, LLC)
Waiver and Amendment. Any provision of this Note may be amended, waived waived, or modified only upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may only be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the HolderHolder hereof.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Third Wave Technologies Inc /Wi)
Waiver and Amendment. Any provision of this Convertible Note may be -------------------- amended, waived or modified upon the written consent of the Company and the HolderSOFTBANK.
Appears in 1 contract
Sources: Convertible Note (Peoplepc Inc)
Waiver and Amendment. Any provision of this Convertible Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of the Company Maker and the HolderCompany.
Appears in 1 contract
Sources: Stock Purchase and Security Interest Agreement (Bayhill Capital Corp)
Waiver and Amendment. Any provision of this Note may be amended, waived or modified upon the written consent of only in a writing signed by the Company and the Holder.
Appears in 1 contract
Waiver and Amendment. Any provision of this the Note may be amended, waived waived, or modified upon the written consent of the Company and the Holder.
Appears in 1 contract
Sources: Subordinated, Convertible Note and Warrants Agreement (5 G Wireless Communications Inc)