Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 705 contracts
Samples: Securities Purchase Agreement (Ondas Holdings Inc.), Securities Purchase Agreement (Ondas Holdings Inc.), Agreement and Plan of Merger (Battalion Oil Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 337 contracts
Samples: Shareholder Agreement, Investors’ Rights Agreement, Investors’ Rights Agreement (Opti-Harvest, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 222 contracts
Samples: Voting Agreement (Pacaso Inc.), Voting Agreement (Rogue Baron PLC), Voting Agreement (Mode Mobile, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 party, shall be cumulative and not alternative.
Appears in 121 contracts
Samples: Shareholder Agreements (Allogene Therapeutics, Inc.), Shareholder Agreement (WeRide Inc.), Series D+ Preferred Share and Warrant Purchase Agreement (WeRide Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 72 contracts
Samples: Class a Common Stock Purchase Agreement (Verde Clean Fuels, Inc.), Convertible Note Purchase Agreement (iLearningEngines, Inc.), Alternative Asset Purchase Agreement (Beneficient)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach or default of any other another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 29 contracts
Samples: Convertible Note Purchase Agreement (Anghami Inc), Subscription Agreement (Offerpad Solutions Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 Law or otherwise afforded to any partyParty, shall be cumulative and not alternative.
Appears in 27 contracts
Samples: Series C Preferred Share Purchase Agreement, Convertible Note Purchase Agreement, Shareholder Agreement (Phoenix Tree Holdings LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting nondefaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 23 contracts
Samples: License Agreement (Supergen Inc), License Agreement (Supergen Inc), Registration Rights Agreement (Euphonix Inc \Ca\)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party 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 consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 21 contracts
Samples: Series E and Series E 2 Preferred Stock and Warrant Purchase Agreement, Joinder Agreement, Investor Rights Agreement (Bellicum Pharmaceuticals, Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 19 contracts
Samples: Stock Purchase Agreement (SciSparc Ltd.), Stock Purchase Agreement (Jeffs' Brands LTD), Ordinary Share Purchase Agreement (World Health Energy Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 19 contracts
Samples: Series B Preferred Stock Purchase Agreement (GCL Global Holdings LTD), Limited Liability Company Agreement (Canopy Growth Corp), Series a 1 Preferred Stock Purchase Agreement (Miso Robotics, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 17 contracts
Samples: Shareholders’ Agreement, Merger Agreement (Trulieve Cannabis Corp.), Merger Agreement (Trulieve Cannabis Corp.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 16 contracts
Samples: Series B Preferred Stock Purchase Agreement (Onvia Com Inc), Series C Preferred Stock Purchase Agreement (Onvia Com Inc), Stock Purchase Agreement (Drugstore Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or nor an acquiescence therein, or nor a waiver of or acquiescence 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, permitpermission, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 14 contracts
Samples: Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Call Option Agreement (PW Partners Atlas Fund III, LP), Stock Purchase Agreement (PW Partners Atlas Fund III, LP)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be are cumulative and not alternative.
Appears in 14 contracts
Samples: Series Seed Preferred Stock Investment Agreement, Contribution Agreement, Series C Conversion Agreement (NowRx, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 13 contracts
Samples: Investors’ Rights Agreement, Stock Purchase Agreement (Motorsport Gaming Us LLC), Stock Purchase Agreement (Motorsport Gaming Us LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementWarrant, upon any breach or default of any other party under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Warrant Agreement (Pro Dex Inc), Warrant Agreement (Monogram Orthopaedics Inc), Warrant Agreement (Progenity, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party either Party of any breach or default under this Agreement, or any waiver on the part of any party either Party 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 partyeither Party, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Stock Purchase Agreement (VelaTel Global Communications, Inc.), Stock Purchase Agreement (VelaTel Global Communications, Inc.), Stock Purchase Agreement (VelaTel Global Communications, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Subscription Agreement (Naqi Logix Inc.), Voting Agreement (Naqi Logix Inc.), Shareholder Rights Agreement (Naqi Logix Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Stockholders Agreement (Miso Robotics, Inc.), Series a Preferred Stock Purchase Agreement, Contribution and Exchange Agreement (Continental Grain Co)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Penn National Gaming Inc), Series B Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (KonaRed Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Exchange Agreement (Unicycive Therapeutics, Inc.), Debt Conversion Agreement, Debt Conversion Agreement (CleanTech Innovations, Inc.)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementa Party, upon any breach or default of any the other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party a Party of any breach or default under this Agreement, or any waiver on the part of any party such Party 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 partyholder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Agreement and Plan of Reorganization, Agreement and Plan of Reorganization (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 affording to any party, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Voting Agreement, Voting Agreement, Voting Agreement (GDS Holdings LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 8 contracts
Samples: Credit Agreement (Ladenburg Thalmann Financial Services Inc.), Credit and Security Agreement (Long Island Iced Tea Corp.), Loan Agreement (Castle Brands Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 Unless otherwise expressly provided hereunder, any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (JMU LTD), Registration Rights Agreement (Xu Haohan), Registration Rights Agreement (Maodong Xu)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 7 contracts
Samples: Merger Agreement, Merger Agreement (Quikbyte Software Inc), Merger Agreement (Neovasc Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyParty, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Nominating and Voting Agreement (Golden Matrix Group, Inc.), Nominating and Voting Agreement (King Duane H), Nominating and Voting Agreement (Us Energy Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be are cumulative and not alternative.
Appears in 7 contracts
Samples: Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin such breach or default, or of or in any similar breach or default thereafter subsequently occurring; , nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall will 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 partyParty, shall will be cumulative and not alternative.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party 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 partyholder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Master Agreement (Sonoma Systems), Preferred Stock Purchase Agreement (Reckson Services Industries Inc), Series B Preferred Stock Purchase Agreement (Netratings Inc)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Joint Venture Agreement (Chemdex Corp), Series C Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series C Preferred Stock Purchase Agreement (Loudeye Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Series Seed Preferred Stock Purchase Agreement, Series Seed Preferred Stock Purchase Investment Agreement, Series Seeda Preferred Stock Purchase Agreement
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementHolder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 Subject to Section 8, any waiver, permit, consent or approval of any kind or character on the part of any party Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Warrant Agreement (Pluristem Life Systems Inc), Warrant Agreement (Pluristem Life Systems Inc), Warrant Agreement (Pluristem Life Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any a party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will 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 partyparty to this Agreement, shall will be cumulative and not alternative.
Appears in 5 contracts
Samples: Licensing and Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.), Collaboration Agreement (Zymeworks Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any a party under this Agreement, upon any breach or default of any other another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 a party of any breach or default under this Agreement, or any waiver on the part of any a party 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 a party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Ordinary Share Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent if specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Cancer Prevention Pharmaceuticals, Inc.), Right of First Refusal and Co Sale Agreement (Cancer Prevention Pharmaceuticals, Inc.), Series a 2 Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Series S Preferred Stock Purchase Agreement (Knightscope, Inc.), Series S Preferred Stock Subscription Agreement (Knightscope, Inc.), Series M 4 Preferred Stock Purchase and Exchange Agreement (Knightscope, Inc.)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will 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 party, shall will be cumulative and not alternative.
Appears in 5 contracts
Samples: Registration Rights Agreement (RRSat Global Communications Network Ltd.), Securities Purchase Agreement (Neuro-Hitech Pharmaceuticals Inc), Stockholders Agreement (Vsource Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementParty, upon any breach or default of any the other party under this AgreementParty, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement (IMH Financial Corp), Series a Senior Perpetual Preferred Stock Subscription Agreement (IMH Financial Corp), Series B 3 Cumulative Convertible Preferred Stock Subscription Agreement (IMH Financial Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting nondefaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor's Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Hillman Co), Series C Preferred Stock Purchase Agreement (Participate Com Inc), Common Stock Purchase Agreement (Euphonix Inc \Ca\)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or the Series C-3 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party the Series C-3 Purchaser, 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 of 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 party Seller Party or the Series C-3 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or the Series C-3 Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C-3 Purchaser shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series C 3 Preferred Shares Purchase Agreement, Series C 3 Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series C 3 Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the Company or any party under this Agreementother parties hereto or their respective successors or assigns, upon any breach or default of any other by another party hereto under this Agreement, Agreement shall impair any such right, power or remedy of the Company or such non-breaching other party or non-defaulting party their respective successors or assigns, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of a waiver of or acquiescence 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; provided, however, that this Section 8.6 shall not be interpreted to extend the date or time for any right, privilege or option beyond that expressly set forth elsewhere in this Agreement. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party 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 party, holder shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (Hotel Outsource Management International Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting nondefaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Amendment Agreement (Numerical Technologies Inc), Stockholders Agreement (Cais Internet Inc), Shareholder Rights Agreement (Talk City Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 in equity or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-non- breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Right of First Refusal and Co Sale Agreement (Mode Mobile, Inc.), Right of First Refusal and Co Sale Agreement (Mode Mobile, Inc.), Right of First Refusal and Co Sale Agreement (Mode Mobile, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series B-4 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series B-4 Purchaser, 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 of 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 party Seller Party or any Series B-4 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series B-4 Purchaser 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 Subject to Section 8.01, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series B-4 Purchaser shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series B 4 Preferred Shares Purchase Agreement, Series B 4 Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series B 4 Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor Rights Agreement (Homeowners of America Holding Corp), Securities Purchase and Exchange Agreement (Medical Solutions Management Inc.), Investor Rights Agreement (Medical Solutions Management Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Voting and Conversion Agreement (Applied Nanotech Holdings, Inc), Merger Agreement (Applied Nanotech Holdings, Inc), Voting Agreement (China Seed Ventures, L.P.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement, upon any breach the Related Agreements or default of any other party under this Agreementthe Restated Charter, shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default noncompliance thereafter occurring; 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the any party’s part of any party of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or the Restated Charter or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Related Agreements or the Restated Charter 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, the Related Agreements or by law the Restated Charter or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series F Preferred Stock Purchase Agreement (LendingClub Corp), Series E Preferred Stock Purchase Agreement (LendingClub Corp), Series D Preferred Stock Purchase Agreement (LendingClub Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Share Purchase Agreement (Optibase LTD), Share Purchase Agreement (Optibase LTD), Share Purchase Agreement (Gesafi Real-Estate S.A.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementGroup Company, any Founder Party or Series D Purchaser, upon any breach or default of any other party Party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Group Company, Founder Party or non-defaulting party Series D Purchaser, 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 of 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 party Group Company, any Founder Party or Series D Purchaser of any breach or default under this Agreement, Agreement or any waiver on the part of any party Group Company, any Founder Party or Series D Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any partythe Group Companies, the Founder Parties and the Series D Purchasers shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series D Preferred Shares Purchase Agreement, Series D Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series D Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and signed by the party charged with such waiver and such waiver 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Printcafe Inc), Series B Preferred Stock Purchase Agreement (Printcafe Inc), Series E Preferred Stock Purchase Agreement (Printcafe Software Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Purchase Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Bridge Loan Conversion Agreement, Bridge Loan Conversion Agreement (TWO RIVERS WATER & FARMING Co), Conversion Agreement (TWO RIVERS WATER & FARMING Co)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other another party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Serviceware Technologies Inc/ Pa), Note Purchase Agreement (Serviceware Technologies Inc/ Pa), Registration Rights Agreement (National Oilwell Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any the other party Party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party, 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc), Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, upon any breach or default of any the other party under to this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Duolingo, Inc.), Investors’ Rights Agreement (IDEAYA Biosciences, Inc.), Investors’ Rights Agreement (Ideaya Biosciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any the other party Party under this Agreement, Agreement or other agreement under the Transaction shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party first Party, 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 consent, or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party 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 writing or as provided in this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternativeAgreement.
Appears in 4 contracts
Samples: Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.), Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.), Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to the Company or any party under this Agreement, of the Purchasers upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching the Company or non-defaulting party any of the Purchasers 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 the Company or any party of the Purchasers of any breach or default under this Agreement, or any waiver on the part of any such party 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 the Company or any partyof the Purchasers, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Lee Thomas H Equity Fund Iii L P), Securities Purchase Agreement (Lee Thomas H Equity Fund Iii L P), Securities Purchase Agreement (Lee Thomas H Equity Fund Iii L P)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching nonbreaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Arrowhead Research Corp), Subscription Agreement (Arrowhead Research Corp), Investors’ Rights Agreement (Arrowhead Research Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series C Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series C Purchaser, 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 of 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 party Seller Party or any Series C Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series C Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C Purchaser shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series C Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Standstill and Stock Restriction Agreement (Arcellx, Inc.), Standstill and Stock Restriction Agreement (Arcellx, Inc.), Standstill and Stock Restriction Agreement (Denali Therapeutics Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, the Companies or the Investors upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching the Companies or non-defaulting party the Investors 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 party the Companies or the Investors of any breach or default under this Agreement, or any waiver on the part of any such party 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 party, the Companies or the Investors shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Global Signal Inc), Securities Purchase Agreement (Pinnacle Holdings Inc), Securities Purchase Agreement (Prison Realty Trust Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of or acquiescence to 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Sacks Bradley J.), Registration Rights Agreement (ULURU Inc.), Registration Rights Agreement (Sacks Michael Ivan)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Class E Preferred Unit and Class F Preferred Unit Purchase Agreement (Walgreens Boots Alliance, Inc.), Purchase Agreement (Walgreens Boots Alliance, Inc.), Class D Preferred Unit Purchase Agreement (Walgreens Boots Alliance, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Histogenics Corp), Membership Interest Purchase Agreement (TNP Strategic Retail Trust, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cerberus Cyber Sentinel Corp), Lock Up Agreement (Cerberus Cyber Sentinel Corp), Shareholders Agreement (Cerberus Cyber Sentinel Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other another party the Company under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Carrizo Oil & Gas Inc), Registration Rights Agreement (Carrizo Oil & Gas Inc), Registration Rights Agreement (Edge Petroleum Corp)
Delays or Omissions. No Subject to Section 8.1 above, no delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series G Preferred Share Purchase Agreement, Series G 2 Preferred Share Purchase Agreement (BEST Inc.), Series G Preferred Share Purchase Agreement (BEST Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-non- defaulting party nor shall will 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 will 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be are cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preference Shares Exchange Agreement, Series B Preference Shares Investment Agreement, Joinder Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under this Agreement, upon any breach or default of any the other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 either party of any breach or default under this Agreement, or any waiver on the part of any either party 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 either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party 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 partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Warrant Agreement (Anchor Pacific Underwriters Inc), Warrant Agreement (Anchor Pacific Underwriters Inc), Warrant Agreement (Anchor Pacific Underwriters Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementof the parties hereto, upon any breach or default of any of the other party parties hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party hereto of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made 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 partyparty hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series C Preferred Stock Purchase Agreement (Cellomics Inc), Common Stock Purchase Agreement (Cellomics Inc), Series a Preferred Stock and Warrant Purchase Agreement (Cellomics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.alternative.
Appears in 3 contracts
Samples: Voting Agreement, Voting Agreement, Voting Agreement
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Vaxcyte, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach or default of any other party under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching party; no such delay or non-defaulting party nor shall it omission will 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 no waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring; and no provision of this Agreement shall be implied from any course of dealing between the parties hereto. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or of default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall will 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Shareholder Agreement (Americold Realty Trust), Equity Investor Agreement (Americold Realty Trust), Shareholder Agreement (Americold Realty Trust)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreementparty, upon any breach or default of any other party the Company or a Stockholder under this Agreement, Agreement shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter any such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (Q2 Holdings, Inc.), Right of First Refusal and Co Sale Agreement (Q2 Holdings, Inc.), Right of First Refusal and Co Sale Agreement (RetailMeNot, Inc.)
Delays or Omissions. No delay in exercising or omission failure to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (DiamondHead Holdings Corp.), Convertible Note Purchase Agreement (DiamondHead Holdings Corp.), Share Subscription Agreement (Conversant Capital LLC)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, Agreement shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party Party, 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 occurring before or thereafter occurringafter such waiver. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Subscription and Investor Rights Agreement (Life Sciences Research Inc), Subscription and Investor Rights Agreement (Life Sciences Research Inc), Subscription and Investor Rights Agreement (Life Sciences Research Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or waiver of or acquiescence 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and be executed by the party to be bound thereby, 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 partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Horizon Organic Holding Corp), Stock Purchase Agreement (Jato Communications Corp), Common Stock Purchase Agreement (Miningco Com Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under pursuant to this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 hereto of any party of any breach or default under pursuant to this Agreement, or any waiver on the part of any party hereto 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 pursuant to this Agreement or by law or otherwise afforded to any party, party to this Agreement shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Convertible Notes Purchase Agreement (Maxeon Solar Technologies, Ltd.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of any such breach or default, or an any 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 of character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (King Venture Holdings LTD), Registration Rights Agreement (Temasek Holdings (Private) LTD), Registration Rights Agreement (21 Vianet Group, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, hereto upon any breach or default of any other another party hereto under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of any such breach or default, 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 party of any breach or default under this Agreement, or any waiver on the part of any party hereto, 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 partyparty hereto, shall be cumulative alternative and not alternativecumulative.
Appears in 3 contracts
Samples: Series D and Series D 1 Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc), Preferred Stock Purchase Agreement (Lojack Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (LEGALZOOM.COM, Inc.), Investors’ Rights Agreement (Legalzoom Com Inc), Series a Preferred Stock Purchase Agreement (Planet Zanett Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and signed by the party so waiving 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement, Series a 2 Preferred Stock Purchase Agreement (Willis Lease Finance Corp), Series a Preferred Stock Purchase Agreement (Willis Lease Finance Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party Party 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 consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series D Preferred Share Purchase Agreement (Li Auto Inc.), Series D Preferred Share Purchase Agreement (Li Auto Inc.), Shareholder Agreement (Li Auto Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy rem- edy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-non- defaulting party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence acqui- escence therein, or of or in any similar breach or default thereafter occurring; nor shall will 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be are cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Investment Agreement, Preferred Stock Investment Agreement, Preferred Stock Investment Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, Warrant must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series 5 a Preferred Stock and Warrant Purchase Agreement (First Physicians Capital Group, Inc.), Securities Exchange Agreement (TurboWorx, Inc.), Securities Exchange Agreement (National Scientific Corp/Az)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investor Rights Agreement (Brookside Technology Holdings, Corp.), Investor Rights Agreement (Cruisestock Inc.), Investor Rights Agreement (Brookside Technology Holdings, Corp.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party, 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Voting Agreement (FIGS, Inc.), Voting Agreement (DESRI Inc.), Voting Agreement (FIGS, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 affording to any partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholders Agreement (Sagent Pharmaceuticals, Inc.), Members Agreement (Sagent Holding Co.), Series a Preference Shares Purchase Agreement (Sagent Holding Co.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preferred Unit Purchase Agreement (Tucows Inc /Pa/), Plan of Merger and Securities Purchase Agreement (Valens Company, Inc.), Share Purchase Agreement
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-non defaulting party party, 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Sonos Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, 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 party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Broadway Financial Corp \De\), Securities Purchase Agreement (Hot Creek Capital LLC)
Delays or Omissions. No Except as provided in Section 8, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party of any breach or default under this Agreement, or any waiver on the part of any party 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 party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Digital Angel Corp), Stock Purchase Agreement (R & R Consulting Partners, LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementParty, upon any breach or default of any the other party under this AgreementParty, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party 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 24 19691978.6 Execution Version Exhibit 10.1 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 party Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 partyParty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement, Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement
