Common use of Delay or Omissions Clause in Contracts

Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Investors Rights Agreement (Envivio Inc), Investors Rights Agreement (Envivio Inc), Investors Rights Agreement (Envivio Inc)

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Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Investor or ME Common Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any the Investor or ME Common Holder of any breach or default under this Agreement, or any waiver on the part of any the Investor or ME Common Holder of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Sunrun Inc.)

Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Investor of any breach or default under this Agreement, or any waiver on the part of any Holder the Investor of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (MaxPoint Interactive, Inc.), Investors’ Rights Agreement (MaxPoint Interactive, Inc.)

Delay or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Restricted Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such holder Holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this agreementAgreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Rights Agreement, Investors Rights Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Common Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any the Common Holder of any breach or default under this Agreement, or any waiver on the part of any the Common Holder of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Shareholders Agreement, Shareholders Agreement (Sunrun Inc.)

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Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesNotes, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Focus Enhancements Inc)

Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesNotes, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor not shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Purchase Agreement (MoSys, Inc.)

Delay or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesNotes, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this agreementAgreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Focus Enhancements Inc)

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