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 to this Agreement. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement at law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreement, and any custom or practice of the parties at variance with the terms 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 to this AgreementSubject Shares. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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 to this AgreementParties. The failure of any party to this Agreement Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement Party with its obligations under this Agreementhereunder, and any custom or practice of the parties Parties at variance with the terms of this Agreement 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 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 to this Agreementparty against whom enforcement is sought or as expressly provided in Section 13 hereof. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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 Communications Inc /De/), 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 to this Agreementparty against whom enforcement is sought or as expressly provided in Section 17. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Merger Agreement (General Electric Co), Merger Agreement (Cablevision Systems Corp /Ny), 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 to this Agreementhereto. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its its, his or her obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Merger Agreement (Ameris Bancorp), Merger Agreement (Abc Bancorp), 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 the Company, the Holders of a majority of the parties to this AgreementRegistrable Securities and LFREI. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Stockholders’ Rights Agreement (Pan Pacific Retail Properties Inc), Stockholders' Rights Agreement (Lazard Freres Real Estate Investors LLC)
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 to this AgreementAmgen and AHP. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Governance Agreement (Amgen Inc), Governance Agreement (Amgen 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 to this AgreementParties hereto. The failure of any party to this Agreement Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement Party with its obligations under this Agreement, and any custom or practice of the parties Parties at variance with the terms of this Agreement 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 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 to this Agreementparty against whom enforcement is sought or as expressly provided in Section 18. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Registration Rights Agreement (CNH Global N V), Registration Rights Agreement (Fiat S P A)
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 to this Agreementhereto. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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 modifiedmodified or terminated, except upon the execution and delivery of a written agreement executed by each of the parties to this Agreementhereto. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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
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 parties to this Agreementparty against whom enforcement is sought. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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
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 against which such modification is to this Agreementbe enforced. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement at law Law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreement, and any custom or practice of the parties at variance with the terms provisions of this Agreement 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 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 to this Agreementhereto and the consent of Bendon, which consent shall not be unreasonably withheld. The failure of any party to this Agreement hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement hereto with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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: Agreement and Plan of Reorganization (Naked Brand Group 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 to this Agreementparty against whom enforcement is sought or as expressly provided in Section 16. The failure of any party to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement hereof at law or in equity, or to insist upon compliance by any other party to this Agreement with its obligations under this Agreementhereunder, and any custom or practice of the parties at variance with the terms of this Agreement 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