Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted 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 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 agreement, 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: Investor Rights Agreement, Investor Rights Agreement (Healthetech Inc)
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted Securities Holder upon any breach or default of the Company under this Agreementagreement, 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 Holder of any breach or default under this Agreement, 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 writingwriting or as provided in Section 3.4 of this Agreement. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Training Devices International Inc)
Delay or Omissions. No delay or omission to exercise any right, power ------------------ or remedy accruing to any holder of any Restricted Securities Purchaser, 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 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: ' Rights Agreement (Mediaplex Inc)
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted Registerable Securities upon any breach or default of the Company under this Agreementagreement, 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 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, 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 writingwriting or as provided in Section 3.4 of this Agreement. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Form of Registration Rights Agreement (Moneyzone Com)
Delay or Omissions. No delay or omission to exercise any right, ------------------ power or remedy accruing to any holder of any Restricted 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 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 agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in Section 4.5 of this Agreement. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Rights Agreement (Intervideo Inc)
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted 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 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 1 contract
Samples: Investors' Rights Agreement (Drugabuse Sciences Inc)
Delay or Omissions. No Except as expressly provided herein, no ------------------ delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted Securities Shareholder, 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 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 agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by by-law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Rights Agreement (Geocities)
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder Holder of any Restricted Remittable Securities upon any breach or default of the Company under this Agreementagreement, 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, 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. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted Securities Purchaser, 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 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Tripath Technology Inc)
Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any holder of any Restricted 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 of or in any similar breach or default thereafter occurringoccurring thereafter; 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 1 contract