Delays or Omissions; Waiver. No delay or omission to exercise any right, power, or remedy accruing to any of EEI, the Noteholders or Quercus upon any breach or default by the other under this Agreement shall impair any such right, power, or remedy nor shall it be construed to be a waiver of any such breach or default, or any 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.
Appears in 2 contracts
Samples: Note Sale and Preferred Stock and Warrant Purchase Agreement (Electro Energy Inc), Note Sale and Preferred Stock and Warrant Purchase Agreement (Electro Energy Inc)
Delays or Omissions; Waiver. No delay or omission to exercise any right, power, power or remedy accruing to any of EEI, either the Noteholders Investor or Quercus EEI upon any breach or default by the other under this Agreement shall impair any such right, power, power or remedy nor shall it be construed to be a waiver of any such breach or default, or any 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.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Electro Energy Inc)
Delays or Omissions; Waiver. No delay or omission to --------------------------- exercise any right, power, or remedy accruing to any of EEI, either the Noteholders Company or Quercus the Purchaser upon any breach or default by the other under this Agreement shall impair any such right, power, or remedy nor shall it be construed to be a waiver of any such breach or default, or any 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.
Appears in 1 contract
Samples: Stock Purchase Agreement (Health Management Inc/De)
Delays or Omissions; Waiver. No delay or omission to exercise any right, power, or remedy accruing to any of EEI, either the Company or the Noteholders or Quercus upon any breach or default by the other under this Agreement shall impair any such right, power, or remedy nor no shall it be construed to be a waiver of any such breach or default, or any 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.
Appears in 1 contract
Delays or Omissions; Waiver. No delay or omission to exercise --------------------------- any right, power, or remedy accruing to any of EEITransferors, the Noteholders Company, or Quercus the Acquiror upon any breach or default by the other under this Agreement shall impair any such right, power, or remedy nor shall it be construed to be a waiver of any such breach or default, or any 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.
Appears in 1 contract
Samples: Stock Exchange Agreement and Plan of Reorganization (Omega Development Inc)