Common use of Amendments, Waivers, Etc Clause in Contracts

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 76 contracts

Samples: Voting Agreement (MachTen, Inc.), Voting Agreement (MachTen, Inc.), Stockholder Voting Agreement (Surna Inc.)

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Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties Parties hereto. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 22 contracts

Samples: Non Redemption Agreement (Reviva Pharmaceuticals Holdings, Inc.), Waiver Agreement (Tiberius Acquisition Corp), Voting and Support Agreement (Hennessy Capital Acquisition Corp II)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties heretoto this Agreement. The failure of any party hereto to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto to this Agreement with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereof of this Agreement shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 11 contracts

Samples: Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each the holders of at least 75% of the parties heretoSubject Shares. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 9 contracts

Samples: Voting Agreement (Motus GI Holdings, Inc.), Voting Agreement (Motus GI Holdings, Inc.), Voting Agreement (Adgero Biopharmaceuticals Holdings, Inc.)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties heretoParties. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 5 contracts

Samples: Voting Agreement (Certares Opportunities LLC), Voting and Support Agreement (Independence Contract Drilling, Inc.), Voting and Support Agreement (Far Point Acquisition Corp)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modifiedmodified or terminated, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 4 contracts

Samples: Stockholder Voting Agreement (Aaipharma Inc), Stockholder Voting Agreement (Aaipharma Inc), Stockholder Voting Agreement (Aaipharma Inc)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, modified or terminated except upon by written instrument signed by the execution and delivery of a written agreement executed by each of the parties heretoparty against whom enforcement is sought or as expressly provided in Section 13 hereof. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 4 contracts

Samples: Registration Rights Agreement (Cox Communications Inc /De/), Registration Rights Agreement (Cox Enterprises Inc Et Al), Registration Rights Agreement (Cox Communications Inc /De/)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, modified or terminated except upon by an instrument in writing signed by the execution and delivery of a written agreement executed by each of the parties heretoparty against whom enforcement is sought. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 3 contracts

Samples: Registration Rights Agreement (Cablevision Systems Corp /Ny), Registration Rights Agreement (CSC Holdings Inc), Registration Rights Agreement (Metro-Goldwyn-Mayer Inc)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, modified or terminated except upon by an instrument in writing signed by the execution and delivery of a written agreement executed by each of the parties heretoparty against whom enforcement is sought or as expressly provided in Section 17. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 3 contracts

Samples: Registration Rights Agreement (Cablevision Systems Corp /Ny), Registration Rights Agreement (General Electric Co), Registration Rights Agreement (Cox Communications Inc /De/)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its its, his or her obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its its, his or her right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Abc Bancorp), Agreement and Plan of Merger (Ameris Bancorp), Plan of Merger and Merger Agreement (Islands Bancorp)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modifiedmodified or terminated, except upon the execution and delivery of a written agreement executed by each of the parties heretoAmgen and AHP. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 2 contracts

Samples: Agreement Regarding Governance and Commercial (Amgen Inc), Agreement Regarding Governance and Commercial (Amgen Inc)

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Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modifiedmodified or terminated, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 2 contracts

Samples: Voting Agreement (Alleghany Corp /De), Voting Agreement (Transatlantic Holdings Inc)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties Parties hereto. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunderunder this Agreement, and any custom or practice of the parties Parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 2 contracts

Samples: Voting Agreement, Voting Agreement (SIMPLICITY ESPORTS & GAMING Co)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, modified except upon by an instrument in writing signed by the execution and delivery of a written agreement executed by each of the party or parties heretoagainst which such modification is to be enforced. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereof provisions of this Agreement, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Broadwind Energy, Inc.)

Amendments, Waivers, Etc. This Voting Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Voting Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 1 contract

Samples: Voting Agreement (Tri-S Security Corp)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modifiedmodified or terminated, except upon the execution and delivery of a written agreement executed by each of the parties hereto. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Appears in 1 contract

Samples: Stockholders’ Agreement (Celgene Corp /De/)

Amendments, Waivers, Etc. This Agreement may not be amended, changed, supplemented, waived or otherwise modified, except upon the execution and delivery of a written agreement executed by each of the parties heretoParties. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.,

Appears in 1 contract

Samples: Execution Version Voting and Support Agreement (Independence Contract Drilling, Inc.)

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