Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 71 contracts
Samples: Asset Purchase Agreement (Futuris Co), Asset Purchase Agreement (Futuris Co), Asset Purchase Agreement (Recruiter.com Group, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 62 contracts
Samples: Share Exchange Agreement (Traqiq, Inc.), Share Exchange Agreement (Future FinTech Group Inc.), Share Exchange Agreement (Greenpro Capital Corp.)
Amendments and Waivers. No Except as otherwise provided herein, no amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 41 contracts
Samples: Share Exchange Agreement (Kairos Pharma, LTD.), Stock Exchange Agreement (IR-Med, Inc.), Stock Exchange Agreement (Sipup Corp)
Amendments and Waivers. No Except as otherwise provided herein, no amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 33 contracts
Samples: Preferred Stock Exchange Agreement (Fat Brands, Inc), Share Exchange Agreement (Upay), Share Exchange Agreement (MOVING iMAGE TECHNOLOGIES INC.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 30 contracts
Samples: LPB Partnership Interest Purchase Agreement (Comstock Mining Inc.), Stockholders Agreement (Us Search Corp Com), Agreement and Plan of Merger (Roper Industries Inc /De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 27 contracts
Samples: Stock Exchange Agreement, Loan, Convertible Preferred Stock and Convertible Senior Secured Note Purchase Agreement (Vespoint LLC), Security Agreement (Midwest Holding Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the PartiesParties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 25 contracts
Samples: Share Purchase Agreement, Stock Purchase Agreement, Purchase and Sale Agreement (Federated National Holding Co)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrenceoccurrence and all waivers must be in writing, signed by the waiving Party, to be effective.
Appears in 24 contracts
Samples: Asset Purchase Agreement (Paincare Holdings Inc), Merger Agreement and Plan of Reorganization (Paincare Holdings Inc), Asset Purchase Agreement (Paincare Holdings Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 21 contracts
Samples: Noncompetition Agreement (Workstream Inc), Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Red Robin Gourmet Burgers Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the PartiesParty to be charged with such amendment or waiver. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 20 contracts
Samples: Agreement (Osprey International LTD), Agreement (Osprey International LTD), Agreement (Osprey International LTD)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 20 contracts
Samples: Purchase and Sale Agreement (Hungarian Telephone & Cable Corp), Purchase and Sale Agreement (Hungarian Telephone & Cable Corp), Purchase and Sale Agreement (Hungarian Telephone & Cable Corp)
Amendments and Waivers. The Parties may mutually amend or waive any provision of this Agreement at any time. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 17 contracts
Samples: Asset Purchase and Sale Agreement (Par Technology Corp), Asset Purchase and Sale Agreement (ORBCOMM Inc.), Purchase and Sale Agreement (Doubleclick Inc)
Amendments and Waivers. No amendment amendment, modification, replacement, termination or cancellation of any provision of this Agreement shall will be valid valid, unless the same shall be is in writing and signed by the Partiesparties. No waiver by any Party either party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall may be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue because of any prior or subsequent such occurrence.
Appears in 16 contracts
Samples: Indemnification Agreement (Worthington Steel, Inc.), Indemnification Agreement (Worthington Steel, Inc.), Indemnification Agreement (Worthington Steel, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 13 contracts
Samples: Amended and Restated Agreement (Fuse Medical, Inc.), Agreement (Fuse Medical, Inc.), Amended and Restated Agreement (Fuse Medical, Inc.)
Amendments and Waivers. The Parties may mutually amend or waive any provision of this Agreement at any time. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 13 contracts
Samples: Master Purchase and Sale Agreement (Varex Imaging Corp), Master Purchase and Sale Agreement (Perkinelmer Inc), Purchase and Sale Agreement (Susser Petroleum Partners LP)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 13 contracts
Samples: Investment Agreement (Green Energy Management Services Holdings, Inc.), Sales Restriction Agreement (Lightwave Logic, Inc.), Asset Purchase Agreement (United Fuel & Energy Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. parties hereto.. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 13 contracts
Samples: Share Exchange Agreement (Benaco, Inc.), Exchange Agreement (G2 Ventures Inc), Exchange Agreement (Top Flight Gamebirds, Inc.)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant covenants hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or to affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 12 contracts
Samples: Share Purchase Agreement (Acro Inc.), Share Purchase Agreement (Acro Inc.), Share Purchase Agreement (Dahua Inc)
Amendments and Waivers. The Parties may mutually amend or waive any provision of this Agreement at any time. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 11 contracts
Samples: Purchase and Sale Agreement, Asset Purchase Agreement (AuraSound, Inc.), Asset Purchase Agreement (AuraSound, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesboth parties hereto. No waiver by any Party party of any default, misrepresentation, or breach of representation, warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of representation, warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No such waiver shall be effective unless signed by the party against which the waiver is to be effective.
Appears in 11 contracts
Samples: Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Convertible Preferred Securities Agreement (Ecology Coatings, Inc.)
Amendments and Waivers. No Except or otherwise provided herein, no amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 11 contracts
Samples: Definitive Agreement (Elite Data Services, Inc.), Definitive Agreement (Elite Data Services, Inc.), Definitive Agreement (Mount Knowledge Holdings, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Capital Trust Inc), Cumulative Redeemable Preferred Stock Purchase Agreement, Securities Purchase Agreement (Gazit-Globe LTD)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the all Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Medifirst Solutions, Inc.), Return Royalty Agreement (Aurelio Resource Corp), Asset Purchase Agreement (Rhino Outdoor International, Inc.)
Amendments and Waivers. No amendment amendment, modification, replacement, termination, or cancellation of any provision of this Agreement shall will be valid valid, unless the same shall will be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall may be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue because of any prior or subsequent such occurrence.
Appears in 9 contracts
Samples: Employment Agreement (NaturalShrimp Inc), Employment Agreement (NaturalShrimp Inc), Employment Agreement (NaturalShrimp Holdings Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 9 contracts
Samples: Registration Rights Agreement (Andersen Group Inc), Registration Rights Agreement (Andersen Group Inc), Registration Rights Agreement (Moscow Telecommunications Corp)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparty to be charged with such amendment or waiver. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 8 contracts
Samples: Asset Purchase and Sale Agreement (American Realty Capital Properties, Inc.), Asset Purchase and Sale Agreement (American Realty Capital Trust IV, Inc.), Asset Purchase and Sale Agreement (American Realty Capital Properties, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 8 contracts
Samples: Periodic Maintenance Agreement, Periodic Maintenance Agreement, Preventive Maintenance Agreement Terms and Conditions
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Development Capital Group, Inc.), Stock Purchase Agreement (Sanborn Resources, Ltd.), Asset Purchase Agreement (GenuTec Business Solutions, Inc.)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Merger Agreement (Equalnet Holding Corp), Stock Purchase Agreement (Us Legal Support Inc), Switch Agreement (Equalnet Holding Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the PartiesParties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Merger Agreement (Continental Alloy Wheel Corp), Exchange Agreement (Incoming, Inc.), Exchange Agreement (Incoming,Inc.)
Amendments and Waivers. No Except as otherwise provided herein, no amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.. [SIGNATURE PAGE TO SHARE EXCHANGE AGREEMENT]
Appears in 7 contracts
Samples: Share Exchange Agreement (Pub Crawl Holdings, Inc.), Share Exchange Agreement (Superior Venture Corp), Share Exchange Agreement (GMV Wireless, Inc.)
Amendments and Waivers. The Parties may mutually amend or waive any provision of this Agreement at any time. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by both of the Parties. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Belden Inc.), Product Supply Agreement (Airspan Networks Inc), Purchase and Sale Agreement (Airspan Networks Inc)
Amendments and Waivers. The parties may mutually amend any provision of this Agreement at any time. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: License Agreement (Demegen Inc), Stock Purchase Agreement (Xcarenet Inc), Agreement (Demegen Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Share Exchange Agreement (Bitmis Corp.), Share Exchange Agreement (CX Network Group, Inc.), Share Exchange Agreement (HUALE ACOUSTICS LTD)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be is in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrenceunder this Agreement.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Nature Vision, Inc.), Asset Purchase Agreement (Nature Vision, Inc.)
Amendments and Waivers. No amendment This Agreement may not be amended, modified or supplemented except by written agreement of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties hereto. No waiver by any Party party of any non-compliance, default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent non-compliance, default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Atlantic Syndication Network Inc), Agreement and Plan of Merger (Homassist Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party either party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Asset Contribution Agreement (Invea Therapeutics, Inc), Asset Contribution Agreement (BioXcel Therapeutics, Inc.), Asset Contribution Agreement (BioXcel Therapeutics, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the PartiesParties hereto. No waiver by any Party hereto of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, regardless of whether intentional or notintentional, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Registration Rights Agreement (KLX Energy Services Holdings, Inc.), Registration Rights Agreement (Quintana Energy Services Inc.), Registration Rights Agreement (Quintana Energy Services Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderhereunder shall be valid unless the same shall be in writing and signed by the Person against whom its enforcement is sought, and no such waiver whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Bentley Systems Inc), Agreement and Plan of Merger (Pegasus Communications Corp), Agreement and Plan of Merger (Summe Richard D)
Amendments and Waivers. No amendment of to any provision provisions of this Agreement shall be valid unless the same shall be it is in writing and signed by all the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of or warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No waiver shall be effective hereunder unless contained in a writing signed by the party to be charged with such occurrencewaiver.
Appears in 5 contracts
Samples: Core Office Trust (Hines Real Estate Investment Trust Inc), Shareholder Agreement (Hines Real Estate Investment Trust Inc), Subscription Agreement (Hines Real Estate Investment Trust Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, covenant or breach of warranty or covenant hereunder, whether intentional or not, agreement hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, default or breach of warranty covenant or covenant agreement hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Earnout Agreement, Earnout Agreement (Edgewater Technology Inc/De/), Earnout Agreement (Edgewater Technology Inc/De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach party to this Agreement. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Stock Purchase Agreement (American Realty Trust Inc), Stock Purchase Agreement (American Realty Trust Inc), Stock Purchase Agreement (American Realty Trust Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall will be in writing and signed by each of the Partiesparties hereto. No waiver by any Party party hereto of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Vehicle Title Nominee Agreement (Hertz Corp), Vehicle Title Nominee Agreement (Hertz Corp), Collateral Agency Agreement (Hertz Global Holdings Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Royalty Participation Agreement (Replicel Life Sciences Inc.), Securities Purchase Agreement (Encore Capital Group Inc), Stock Purchase Agreement (Encore Capital Group Inc)
Amendments and Waivers. No amendment or modification of this Agreement shall be valid unless it is in writing and signed by the parties hereto. No waiver of any provision of this Agreement shall be valid unless the same shall be it is in writing and signed by the Partiesparty against whom the waiver is sought to be enforced. No failure or delay in exercising any right hereunder, and no course of conduct, shall operate as a waiver by any Party of any default, misrepresentation, provision of this Agreement. No single or breach partial exercise of warranty a right hereunder shall preclude further or covenant complete exercise of that right or any other right hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Pipelines and Terminals Agreement, Pipelines and Terminals Agreement (Holly Energy Partners Lp), Contribution Agreement (Holly Energy Partners Lp)
Amendments and Waivers. No Unless permitted by this Agreement, no amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunderthereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder thereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stockholders’ Agreement (Johnsondiversey Inc), Stockholders’ Agreement (Johnsondiversey Inc), Stockholders’ Agreement (Johnsondiversey Holdings Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the PartiesParties (to extent such Party is affected by such amendment). No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Options Media Group Holdings, Inc.), Asset Purchase Agreement (Options Media Group Holdings, Inc.), Escrow Agreement (Quepasa Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the both Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Debt Conversion Agreement (High Plains Gas, Inc.), Debt Conversion Agreement (High Plains Gas, Inc.), Stock Purchase Agreement (Phoenix Footwear Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderof this Agreement, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder of this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Ashworth/Meyer Agreement (Ashworth Inc), Ashworth/Koeneke Agreement (Ashworth Inc), Separation and General Release Agreement (Ashworth Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the both Parties. No waiver by any Party of any default, misrepresentation, covenant or breach of warranty or covenant hereunder, whether intentional or not, agreement hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, default or breach of warranty covenant or covenant agreement hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Earnout Agreement, Earnout Agreement (Edgewater Technology Inc/De/), Earnout Agreement (Edgewater Technology Inc/De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. 13.
Appears in 4 contracts
Samples: Voting Agreement (Baker Francis E), Voting Agreement (Andersen Group Inc), Voting Agreement (Moscow Telecommunications Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the PartiesParty affected. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Q2 Holdings, Inc.), Agreement and Plan of Reorganization (Q2 Holdings, Inc.), Agreement and Plan of Reorganization (Q2 Holdings, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall will be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Vishay Precision Group, Inc.), Stock Purchase Agreement (Vishay Precision Group, Inc.), Asset Purchase Agreement (American Locker Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesall parties hereto. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights of any other party arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Successories Inc), Exhibit 1 Registration Rights Agreement (Jack Miller Family Limited Partnership 1), Registration Rights Agreement (Successories Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of or warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Share Exchange Agreement (Access Health Alternatives Inc), Share Exchange Agreement (Access Health Alternatives Inc), Share Exchange Agreement (Western Media Group Corp)
Amendments and Waivers. No The Parties may amend or waive any provision of this Agreement at any time, provided that no amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Recapitalization Agreement, Redemption Agreement, Redemption Agreement (Boston Private Financial Holdings Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the PartiesParties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Acquisition Agreement (Allegiancy, LLC), Asset Purchase Agreement (Quadrant 4 Systems Corp), Asset Purchase Agreement (U S Industrial Services Inc)
Amendments and Waivers. No amendment amendments of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Plan and Agreement (Us Legal Support Inc), Plan and Agreement of Reorganization (Us Legal Support Inc), Plan and Agreement (Us Legal Support Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Warrant Agreement shall be valid unless the same shall be in writing and signed by the both Parties. No waiver by any Party party of any default, misrepresentation, or breach of a warranty or a covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of a warranty or a covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Warrant Agreement (Usio, Inc.), Warrant Agreement (Usio, Inc.), Warrant Agreement (Payment Data Systems Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Polypore International, Inc.), Stock Purchase Agreement (Daramic, LLC), Stock Purchase Agreement (Polypore International, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Partiesparties hereto. No waiver by any Party party hereto of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Equity Exchange Agreement (Heritage-Crystal Clean, Inc.), Equity Exchange Agreement (Heritage-Crystal Clean, Inc.), Stock Purchase Agreement (Mity Lite Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Student Advantage Inc), Restructuring Agreement (Hemasure Inc), Asset Purchase Agreement (Bitstream Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the PartiesBuyer and each Selling Party. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Applied Extrusion Technologies Inc /De), Asset Purchase Agreement (Applied Extrusion Technologies Inc /De), Asset Purchase Agreement (Applied Extrusion Technologies Inc /De)
Amendments and Waivers. The Parties may mutually amend or waive any provision of this Agreement at any time. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any either Party of any default, misrepresentation, default or breach of warranty or covenant hereunder, whether intentional or not, hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, default or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Patent Sale Agreement, Patent Sale Agreement (Iqstream Patents) (Sycamore Networks Inc), Patent Sale Agreement (Sycamore Networks Inc)
Amendments and Waivers. No Except as otherwise provided herein, no amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Share Exchange Agreement (CuraScientific Corp.), Share Exchange Agreement (Boon Industries, Inc.), Share Exchange Agreement (Boon Industries, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Luxeyard, Inc.), Asset Purchase Agreement (Genesis Direct Inc), Limited Liability Interests Purchase Agreement (School Specialty Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by both of the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Genesis Energy Lp), Purchase and Sale Agreement (Genesis Energy Lp), Purchase and Sale Agreement (Genesis Energy Lp)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be it is in writing and is signed by the Partiesparties. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder under this Agreement or will affect in any way any rights arising by virtue of any prior or subsequent such occurrence, and no waiver will be effective unless set forth in writing and signed by the party against whom such waiver is asserted.
Appears in 3 contracts
Samples: Subscription Agreement for Canyon Resources Corporation (Canyon Resources Corp), Subscription Agreement (Baywood International Inc), Subscription Agreement (Canyon Resources Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach party hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Jreck Subs Group Inc), Common Stock Purchase and Option Agreement (Allegiance Telecom Inc), Final Execution Copy Note Purchase Agreement Note Purchase Agreement (Alpharma Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the PartiesParty to be charged with such amendment or waiver. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Arch Capital Group Ltd.), Asset Purchase Agreement (Arch Capital Group Ltd.), Services Agreement (Triad Guaranty Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Shareholder Offer Agreement (Service Systems International LTD), Asset Purchase Agreement (Gse Systems Inc), Asset Purchase Agreement (Intrinsix Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the PartiesParties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty warranty, covenant, or covenant agreement hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty warranty, covenant, or covenant agreement hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (GreenBox POS), Asset Purchase Agreement (GreenBox POS, LLC), Asset Purchase Agreement (GreenBox POS, LLC)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be is in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder under this Agreement or affect in under any way any rights arising by virtue of any prior or subsequent such occurrencethe other agreements collateral hereto.
Appears in 3 contracts
Samples: Consignment Sale Agreement (Nature Vision, Inc.), Collection Agreement (Nature Vision, Inc.), Inventions Royalty Agreement (Nature Vision, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall will be in writing and signed by each of the Partiesparties hereto. No waiver by any Party party hereto of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Contribution Agreement (KBS Real Estate Investment Trust, Inc.), Contribution Agreement (KBS Real Estate Investment Trust, Inc.), Contribution Agreement (KBS Real Estate Investment Trust, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement Deed shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Deed of Amendment (Renova Media Enterprises Ltd.), Deed of Amendment (Renova Media Enterprises Ltd.), Shareholders Agreement (Renova Media Enterprises Ltd.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Partiesparties hereto. No waiver by any Party party of any default, misrepresentation, default or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, default or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Share Purchase Agreement (Adc Telecommunications Inc), Forward Option Agreement (Adc Telecommunications Inc), Stock Purchase Agreement (Telehublink Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Partiesparties hereto. No waiver by any Party party hereto of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, regardless of whether intentional or notintentional, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Registration Rights Agreement (Quintana Energy Services Inc.), Registration Rights Agreement (Quintana Energy Services Inc.), Registration Rights Agreement
Amendments and Waivers. This Agreement may not be amended except by written agreement among all the parties to this Agreement. No amendment waiver of any provision of this Agreement shall will be valid unless the same shall be it is in writing and signed by the Partieseach party. No such waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Solitario Zinc Corp.), Purchase and Sale Agreement (Royal Gold Inc), Agreement (Royal Gold Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder under this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Packard Bioscience Co), Asset Purchase Agreement (Packard Bioscience Co), Agreement Regarding Killington Resort And (American Skiing Co /Me)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and writing, signed by each of the Partiesparties hereto and identified in such writing as an amendment to this Agreement. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Ruths Hospitality Group, Inc.), Asset Purchase Agreement (Ruths Chris Steak House, Inc.)
Amendments and Waivers. No amendment of any provision of this This Agreement shall may not be valid unless the same shall be in modified or amended except by a writing and or writings signed by the Partiesparty against whom any modification or amendment is asserted or sought to be enforced. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Placement Agent Agreement (Dyncorp), Stock Purchase and Settlement Agreement (Dyntek Inc), Stock Purchase and Settlement Agreement (Dyncorp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the all the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Framework Agreement (Clearone Inc), Stock Purchase Agreement (Clearone Inc), Asset Purchase Agreement (Clearone Communications Inc)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party hereto. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Energy Ventures Inc /De/), Stock Purchase Agreement (Parker Drilling Co /De/), Stock Purchase Agreement (Nabors Industries Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach party. No waiver by any Party either party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Amendment Agreement, Purchase and Amendment Agreement (Pilgrims Pride Corp), Purchase and Amendment Agreement (Conagra Foods Inc /De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each of the Parties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, regardless of whether intentional or notintentional, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Equity Rights Agreement (Quintana Energy Services Inc.), Equity Rights Agreement (Quintana Energy Services Inc.), Equity Rights Agreement (Quintana Energy Services Inc.)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesparty to be charged with such amendment or waiver. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Essent Group Ltd.), Asset Purchase Agreement (Essent Group Ltd.), Asset Purchase Agreement (Triad Guaranty Inc)
Amendments and Waivers. No amendment of any provision or modification of this Agreement shall be valid effective unless the same shall be it is in writing and signed executed by the Partiesparty against whom enforcement is sought. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Rescission Agreement (Netco Investments, Inc.), Rescission Agreement (Netco Investments, Inc.), Rescission Agreement (Gambino Apparel Group, Inc.)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, inaccuracy in or breach of any representation or warranty or covenant hereunder, whether intentional or not, of any breach of any covenant hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, inaccuracy in or breach of any representation or warranty hereunder, or of any breach of any covenant hereunder hereunder, or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (SecureAlert, Inc.), Membership Interest Purchase Agreement (Cliffs Natural Resources Inc.)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partiesboth parties hereto. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (NMI Holdings, Inc.), Stock Purchase Agreement (NMI Holdings, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Partieseach Party hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Merger Agreement (I Trax Inc), Merger Agreement (I Trax Inc)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Plan and Agreement of Reorganization and Merger (Us Legal Support Inc), Plan and Agreement of Reorganization and Merger (Us Legal Support Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver Neither the failure nor any delay by any Party in exercising any right, power or privilege under this Agreement will operate as a waiver of such right, power or privilege. No waiver of any default, misrepresentation, provision hereunder or any breach of warranty or covenant hereunder, whether intentional or not, default thereof shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any other provision or prior or subsequent such occurrencebreach or default.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Kimball Electronics, Inc.), Asset Purchase and Contribution Agreement (Fox Factory Holding Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Contract Parties. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Zemex Corp), Stock Purchase Agreement (Zemex Corp)
Amendments and Waivers. No amendment of any provision of this Agreement Agreement, or waiver or consent given hereunder, shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Entrust Inc), Stock Purchase Agreement (Entrust Technologies Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Partieseach party hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.. * * *
Appears in 2 contracts
Samples: Note Purchase Agreement (Al Industrier As), Stock Subscription and Purchase Agreement (A L Industrier As)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunderhereunder and thereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder and thereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Receivable Purchase and Stock Transfer Restriction Agreement (New Visual Corp), Receivable Purchase and Stock Transfer Restriction Agreement (New Visual Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall agreement will be valid unless the same shall be in writing and signed by the all Parties. No waiver by any Party of any provision of this agreement or any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall will be valid unless in writing and signed by the Party making such waiver, nor will any such waiver be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gushan Environmental Energy LTD), Share Purchase Agreement (Gushan Environmental Energy LTD)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunderhereunder or thereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or thereunder, or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Information System Services Agreement (Newco Uws Inc), Information System Services Agreement (United Wisconsin Services Inc /Wi)
Amendments and Waivers. No Except as otherwise provided herein, no amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all of the PartiesParties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Option Exchange Agreement (RetinalGenix Technologies Inc.), Option Exchange Agreement (RetinalGenix Technologies Inc.)
