Amendment Contract Clauses (38,020)

Amendment. The Committee may, to the extent consistent with the terms of this Award Agreement, waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel, or terminate, this Award or this Award Agreement, prospectively or retroactively, except that any such waiver, amendment, alteration, suspension, discontinuance, cancellation, or termination that would materially and adversely affect the rights of the Grantee under this Award Agreement will not be effective without... consent of the Grantee. Except as provided in Section 14.1 of the Plan, the Board may amend, alter, suspend, discontinue, or terminate the Plan or any portion thereof at any time. View More

Amendment. As of the Effective Date: (a)The last sentence of Section 2(a) is hereby deleted in its entirety. (b)Section 3(g)(1) is hereby deleted in its entirety and replaced with the following: "(1) 30% of Profits (as defined below)." 2. Miscellaneous. The Agreement, as modified hereby, contains the complete, entire and exclusive statement of the parties' understanding with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings between them with respect... to such subject matter. All of the terms, conditions, representations and warranties contained in the Agreement, as modified hereby, shall remain in full force and effect and are hereby ratified, confirmed and restated. In the event of any subsequent amendment of the Agreement, the terms and conditions of this Amendment shall remain in effect unless expressly modified by such amendment. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same Amendment. This Amendment may be executed and delivered via email with the same force and effect as if it were executed and delivered by the parties simultaneously in the presence of one another. View More

Amendment. This Agreement may be amended only by a written agreement executed by the parties hereto which specifically states that it is amending this Agreement.

Amendment. Pursuant to Section 9.09 of the Original Agreement, the date "March 31, 2018" in Section 7.03(f) of the Original Agreement is hereby amended to read "April 9, 2018".

Amendment. The Board has the right to amend, alter, suspend, discontinue or cancel the Restricted Stock Units, prospectively or retroactively; provided that, any amendments that are deemed by the Board to be materially adverse to the Grantee and are not required as a matter of law may be made only with the Grantee's consent.

Amendment. The word and number "five (5)" in both Section 1(b) of the Option Agreement and in paragraph 2 of the Certificate of Option for Option #21 are hereby amended to read "eight (8)". This Amendment changes the Expiration Date of Option #21 to June 29, 2023.

Amendment. Section 1 of the Loan Agreement is hereby deleted in its entirety and replaced with the following: "1.Loan. Lender agrees to make a loan to Borrower in the amount of up to $20,000,000 (the "Loan") in accordance with the terms of that certain Eleventh Amended and Restated Senior Secured Convertible Promissory Note attached hereto as Exhibit A (the "Note")." 4.Fees and Expenses; Outstanding Amount. Lender and Borrower acknowledge and agree that, as of April 24, 2018, the principal amount... outstanding under the Loan is $16,911,839.16, and related interest accrued through April 24, 2018 of $ 1,898,726.69. In consideration for increasing the amount of the Loan in accordance with the Eleventh Amended and Restated Senior Convertible Promissory Note, of even date herewith, Borrower agrees to promptly grant to Lender 5-year warrants to purchase 5,000,000 shares of Borrower common stock, at an exercise price of $0.10 per share, in substantially the same form as previously granted to Lender. View More

Amendment. Nothing in this Agreement shall restrict the Company's ability to exercise its discretionary authority pursuant to Section 4 of the Plan; provided, however, that no such action may, without your consent, adversely affect your rights under your Award and this Agreement. Without limiting the foregoing, the Board (or appropriate committee thereof) reserves the right to change, by written notice to you, the provisions of this Agreement in any way it may deem necessary or advisable to carry out the... purpose of the grant as a result of any change in applicable laws or regulations or any future law, regulation, ruling, or judicial decision; provided that any such change will be applicable only to rights relating to that portion of the Award which is then subject to restrictions as provided herein. 5 18. MISCELLANEOUS. (a) The rights and obligations of the Company under your Award will be transferable by the Company to any one or more persons or entities, and all covenants and agreements hereunder will inure to the benefit of, and be enforceable by the Company's successors and assigns. (b) You agree upon request to execute any further documents or instruments necessary or desirable in the sole determination of the Company to carry out the purposes or intent of your Award. (c) You acknowledge and agree that you have reviewed your Award in its entirety, have had an opportunity to obtain the advice of counsel prior to executing and accepting your Award and fully understand all provisions of your Award. This Agreement and the Plan contain the entire agreement and understanding among the parties as to the subject matter hereof, and supersede any other agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof (including, without limitation, the provisions in your employment letter with respect thereto). (d) This Agreement will be subject to all applicable laws, rules, and regulations, and to such approvals by any governmental agencies or national securities exchanges as may be required. (e) All obligations of the Company under the Plan and this Agreement will be binding on any successor to the Company, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation, or otherwise, of all or substantially all of the business and/or assets of the Company. View More

Amendment. None of the provisions of this Secured Note may be amended except pursuant to a written agreement signed by the Borrower and the Holder.13. Severability. If any term or provision of this Secured Note shall be deemed prohibited by or invalid under any applicable law, such provision shall be invalidated without affecting the remaining provisions hereof.14. Governing Law. This Secured Note shall be governed by, and construed in accordance with, the law of the State of DELAWARE WITHOUT REGARD TO... CONFLICTS-oF-LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF ANY OTHER LAW.15. Holder Expenses. Subject to Section 3(c), the Borrower shall pay or reimburse all Holder Expenses to the Holder on the Maturity Date. View More

Amendment. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by the Guarantor and the Agent.