Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 149 contracts
Samples: Registration Rights Agreement (Lucid Diagnostics Inc.), Registration Rights Agreement (Super League Enterprise, Inc.), Registration Rights Agreement (Super League Enterprise, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 80 contracts
Samples: Subscription Agreement (IntelGenx Technologies Corp.), Registration Rights Agreement (IntelGenx Technologies Corp.), Registration Rights Agreement (Meru Networks Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderPerson hereunder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Person hereunder of any breach or default under this Agreement, or any waiver on the part of any Holder Person 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, writing and signed by the waiving or by law or otherwise afforded to any holder, shall be cumulative and not alternativeconsenting Person.
Appears in 66 contracts
Samples: Call Option Agreement (Kingold Jewelry, Inc.), Call Option Agreement (China Electronics Holdings, Inc.), Option Agreement (China Education International, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 19 contracts
Samples: Registration Rights Agreement (Cytomedix Inc), Registration Rights Agreement (Cytomedix Inc), Registration Rights Agreement (Vertical Health Solutions Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 19 contracts
Samples: Investors’ Rights Agreement (Active Network Inc), Investors’ Rights Agreement (Active Network Inc), Investors' Rights Agreement (Hireright Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, holder of any Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 18 contracts
Samples: Securities Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (OptimizeRx Corp), Securities Purchase Agreement (Net TALK.COM, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Homeseekers Com Inc), Series D Preferred Stock Purchase Agreement (First Virtual Holding Inc), Preferred Stock Purchase Agreement (Warburg Pincus Private Equity Viii L P)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Company or the Purchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of any similar breach or default thereunder 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 by the part of any Holder Company or the Purchaser of any breach or default under this Agreement, or any waiver on by the part of any Holder Company or the 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 , and all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Company or the Purchaser, shall be cumulative and not alternativecumulative.
Appears in 16 contracts
Samples: Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holderthe Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of any similar breach or default thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on by the part of any Holder Investor of any breach or default under this Agreement, or any waiver on by the part of any Holder Investor 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Investor, shall be cumulative and not alternative.
Appears in 14 contracts
Samples: Members Agreement (Credo Technology Group Holding LTD), Members Agreement (Credo Technology Group Holding LTD), Members Agreement (Sungy Mobile LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any the Holder, upon any breach or default of the Company under this Agreement, Warrant shall impair any such right, power power, or remedy of such the 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 thereunder 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 consent, or approval of any kind or character on the part of any the Holder of any breach or default under this Agreement, Warrant or any waiver on the part of any the Holder of any provisions or conditions of this Agreement, Warrant 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, Warrant or by law or otherwise afforded to any holderthe Investors, shall be cumulative and not alternative.
Appears in 13 contracts
Samples: Warrant Agreement (Propanc Health Group Corp), Warrant Agreement (Boston Therapeutics, Inc.), Warrant Agreement (Boston Therapeutics, Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holderthe Holders, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinprovision hereof, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver wavier 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 part of any by a Holder of any breach or default under this Agreement, or any waiver on the part of any by a 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 the writing. All , and that all remedies, either under this Agreement, or by law or otherwise afforded to any holdera Holder, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Stock Purchase Agreement (Dakota Growers Pasta Co Inc), Registration Rights Agreement (Dakota Growers Pasta Co Inc), Registration Rights Agreement (La Bella Holdings LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Registrable Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder party of any provisions or of conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Securities Subscription Agreement (Spintek Gaming Technologies Inc \Ca\), Registration Rights Agreement (Si Diamond Technology Inc), Registration Rights Agreement (Si Diamond Technology Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any the Holder, upon any breach or default of the Company Maker under this Agreement, Note shall impair any such right, power power, or remedy of such the 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 thereunder 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 consent, or approval of any kind or character on the part of any the Holder of any breach or default under this Agreement, Note or any waiver on the part of any the Holder of any provisions or conditions of this Agreement, Note 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, Note or by law or otherwise afforded to any holderthe Holders, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Convertible Promissory Note (Biohitech Global, Inc.), Subordinated Convertible Promissory Note (Biohitech Global, Inc.), Convertible Promissory Note (Workhorse Group Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderHolder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, therein or of or in any similar breach or default thereunder 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 waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holder, Holder shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Loan Agreement (Cuidao Holding Corp), Registration Rights Agreement (Softquad Software LTD), Registration Rights Agreement (Clements Golden Phoenix Enterprises Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holderthe Holders, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinprovision hereof, or of any similar breach or default thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a Holder of any breach or default under this Agreement, or any waiver on the part of any by a 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 the writing. All , and that all remedies, either under this Agreement, or by law or otherwise afforded to any holdera Holder, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Subscription Agreement (Dennys Corp), Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company Stockholder under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Stockholder 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Stockholder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Stockholder 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, Agreement or by law or otherwise afforded to any holderStockholder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investors Agreement (Velocom Inc), Stockholders Agreement (Cypress Communications Inc), Stockholders Agreement (Exactis Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any the Holder, upon any breach or default of the Company under this Agreement, Warrant shall impair any such right, power power, or remedy of such the 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 thereunder 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 consent, or approval of any kind or character on the part of any the Holder of any breach or default under this Agreement, Warrant or any waiver on the part of any the Holder of any provisions or conditions of this Agreement, Warrant 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, Warrant or by law or otherwise afforded to any holderthe Holder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Common Stock Purchase Warrant (Biohitech Global, Inc.), Common Stock Purchase Warrant (Biohitech Global, Inc.), Common Stock Purchase Warrant (Biohitech Global, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Stock, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Series B Preferred Stock Purchase Agreement (Landec Corp \Ca\), Series E Preferred Stock Agreement (Simplex Solutions Inc), Series B Preferred Stock Purchase Agreement (Egroups Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, holder of any shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of in any similar breach or default thereunder occurringoccurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of holder or any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Collaboration and License Agreement (Nuvelo Inc), Collaborative Research and License Agreement (Nitromed Inc), Collaboration and License Agreement (Archemix Corp.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such rightrights, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Tullys Coffee Corp), Registration Rights Agreement (Tullys Coffee Corp), Registration Rights Agreement (Tullys Coffee Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an in acquiescence therein, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any holder of any provisions or conditions of this Agreement, must Agreement shall be effective only if made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by virtue of law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Shareholder Agreement (Radvision LTD), Shareholder Agreement (Radvision LTD), Shareholder Agreement (Radvision LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder, the Holders of Registrable Securities upon any breach breach, default or default noncompliance of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the Holders’ part of any Holder of any breach breach, default or default noncompliance under this Agreement, or any waiver on the Holders’ part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either and that all remedies under this Agreement, or by law under law, or otherwise afforded to any holderthe Holders, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holderthe Holders, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of any similar breach or default thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a Holder of any breach or default under this Agreement, or any waiver on the part of any by a Holder 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holdera Holder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Spectrx Inc), Series B Preferred Stock Purchase Agreement (Spectrx Inc), Research & Development and License Agreement (Spectrx Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder, Investor upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Investor 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 thereunder 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 consent, or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Investor 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, Agreement or by law or otherwise afforded to any holderInvestor, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Note Purchase Agreement (Tree Roots Entertainment Group Co LTD), Common Stock Purchase Agreement (Audioeye Inc), Common Stock and Warrant Purchase Agreement (Audioeye Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Registration Rights Agreement (Avinger Inc), Registration Rights Agreement (Viveve Medical, Inc.), Registration Rights Agreement (Avinger Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, the holder of the Note upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Secured Promissory Note (AMHN, Inc.), Note Purchase Agreement (AMHN, Inc.), Securities Exchange Agreement (Medical Media Television, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any person or entity hereunder (including, without limitation, any Holder), upon any breach breach, default or default noncompliance of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the any such person’s or entity’s part of any Holder of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on the such person or entity’s part of any Holder 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 law, or otherwise afforded to any holdersuch person or entity, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Helix TCS, Inc.), Investor Rights Agreement (Gemphire Therapeutics Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any HolderLender, upon any breach or default of the Company under this Agreement or any other Transaction Agreement, shall impair any such right, power or remedy of such Holder remedy, 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 thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Lender of any breach or default under this Agreement, or any waiver on the part of any Holder by Lender 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Lender, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Revolving Credit Facility Loan and Security Agreement (C-Bond Systems, Inc), Loan and Warrant Purchase Agreement (Omni Bio Pharmaceutical, Inc.), Loan Agreement (Westmountain Gold, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Employee, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the Employee, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this the Agreement, or by law or otherwise afforded to any holder, holder shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any HolderHolder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Rights Agreement (Backweb Technologies LTD), Rights Agreement (Pegasus Systems Inc), Rights Agreement (Backweb 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 Holder, upon any breach or default of the Company under this AgreementPARTY hereto, shall impair any such right, power or remedy of to such Holder PARTY nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of waiver or acquiescence in any similar breach or default thereunder occurring; nor shall any waiver of any single breach default, or default be deemed a waiver or acquiescence of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder PARTY of any breach or default under this AgreementAGREEMENT, or any waiver on the part of any Holder 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, remedies either under this Agreement, AGREEMENT or by law or otherwise afforded to any holderPARTY, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Exclusive License Agreement, License Agreement (Juno Therapeutics, Inc.), Non Exclusive Sublicense Agreement (Juno Therapeutics, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderStockholders, upon any breach or default of by the Company under this Agreement, shall impair any such right, power or remedy of such Holder Stockholders 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 thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of Stockholders or any breach or default under this Agreement, or any waiver on the part of any Holder Stockholders 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 holderStockholders, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Purchase and Sale Agreement (Cyberguard Corp), Merger Agreement (Cyberguard Corp), Common Stock Purchase Agreement (Media Sciences International Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holderthe Investor or the Company, upon any breach or default of the Company or the Investor, respectively, under this Agreement, shall impair any such right, power or remedy of such Holder the Investor or the Company, 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 or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Investor or the Company, of any breach or default under this AgreementAgreement by the Company or the Investor, respectively, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Investor and to the Company, respectively, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Warrant Purchase Agreement (KFX Inc), Warrant Purchase Agreement (KFX Inc), Warrant Purchase Agreement (KFX Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderInvestor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Piggyback Registration Rights Agreement (Reliability Inc), Piggyback Registration Rights Agreement (Reliability Inc), Piggyback Registration Rights Agreement (Reliability Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Holders, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the Holders 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 thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Holders of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder the Holders 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 holderthe Holders, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Merger Agreement (Ecology Coatings, Inc.), Merger Agreement (Ocis Corp), Registration Rights Agreement (Ecology Coatings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Securities, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, holder shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Purchase Agreement (Cgen Digital Media Co LTD), Purchase Agreement (Cgen Digital Media Co LTD), Purchase Agreement (Cgen Digital Media Co LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any the Holder, upon any breach or default of the Company under this Agreement, Note shall impair any such right, power power, or remedy of such the 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 thereunder 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 consent, or approval of any kind or character on the part of any the Holder of any breach or default under this Agreement, Note or any waiver on the part of any the Holder of any provisions or conditions of this Agreement, Note 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, Note or by law or otherwise afforded to any holderthe Holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Convertible Secured Promissory Note (Rockdale Resources Corp), Convertible Promissory Note (Rockdale Resources Corp), Convertible Secured Promissory Note (Rockdale Resources Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderPurchaser (in any capacity hereunder), upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder 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 default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser (in any capacity hereunder) of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Purchaser 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, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investors' Rights Agreement (General Housing Inc), Securities Purchase Agreement (General Housing Inc), Registration Rights Agreement (Allou Health & Beauty Care Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to Oragenics or to any Holder, upon any breach or default of the Company Holder under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderotherwise, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Oragenics Inc), Registration Rights Agreement (Oragenics Inc), Registration Rights Agreement (Oragenics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series C Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series C Preferred Stock Purchase Agreement (Roka BioScience, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderCompany or to the Purchaser, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder Company or the Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Company or the Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder Company or the 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 remedies, either under this Agreement, or by law or otherwise afforded to any holder, Company or the Purchaser shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Genome Therapeutics Corp), Stock Purchase Agreement (Genome Therapeutics Corp), Warrant Purchase Agreement (Viacell Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investors' Rights Agreement (Sirf Technology Inc), Investors' Rights Agreement (Lynuxworks Inc), Investors' Rights Agreement (Hiway Technologies Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach breach, default or default noncompliance of the Company under this Agreement, Registration Rights Agreement shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the any Holder's part of any Holder of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on the such Holder's part of any Holder of any provisions or conditions of this Agreement, Registration Rights Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Registration Rights Agreement, or by law law, or otherwise afforded to any holderHolders, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Warburg Pincus Equity Partners Lp), Registration Rights Agreement (Entreport Corp), Registration Rights Agreement (Firstquote Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to the Company or any Holder, Purchaser or any subsequent holder of any Debentures upon any breach breach, default or default noncompliance of any Purchaser, any subsequent holder of any Debentures or the Company under this Agreement, Purchase Agreement shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder the Company or the Purchasers of any breach breach, default or default noncompliance under this Agreement, Purchase Agreement or any waiver on the Company’s or the Purchaser’s part of any Holder of any provisions or conditions of this Agreement, Purchase Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Purchase Agreement, or by law law, or otherwise afforded to any holderthe Company and the Purchaser, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Company or to Cryogen, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder the Company, or Cryogen nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Company or Cryogen of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder the Company or Cryogen of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, the Company or Cryogen shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Contribution Agreement, Contribution Agreement (Cryocor Inc), Contribution Agreement (Cryocor Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Registrable Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiesce therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Applied Voice Recognition Inc /De/), Registration Rights Agreement (Quest Net Corp /Fl), Registration Rights Agreement (Eurogas Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holdereach Purchaser, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder remedy, 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 thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Note Purchase Agreement (Merida Merger Corp. I), Securities Purchase Agreement (Encision Inc), Securities Purchase Agreement (Encision Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach person or default of the Company under this Agreement, entity hereunder shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder person or entity hereunder of any breach or default under this Agreement, or any waiver on the part of any Holder such person or entity 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, remedies either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock and Warrant Exchange Agreement (Gsi Commerce Inc), Stock Purchase Agreement (Softbank Holdings Inc Et Al), Stock Purchase Agreement (Pennsylvania Commerce Bancorp Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holderholder of any Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series E Preferred Stock Purchase Agreement (Iown Holdings Inc), Series D Preferred Stock Purchase Agreement (Iown Holdings Inc), Preferred Stock Purchase Agreement (Evolve Software Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any HolderHolder or the Company, upon any breach breach, default or default noncompliance of the Company or any Holder, as the case may be, under this Agreement, Agreement shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the any Holder's part of any Holder of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the such Holder's part of any Holder 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 holderHolders, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, Purchaser upon any breach or default of the Company Seller under this Agreement, shall impair any such right, power or remedy of such Holder 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 default thereunder 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, permit consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder 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 remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Business Transfer Agreement, Business Transfer Agreement, Asset Purchase Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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 holder, shall be cumulative and not alternative.shall
Appears in 3 contracts
Samples: Registration Rights Agreement (Verso Technologies Inc), Registration Rights Agreement (Verso Technologies Inc), Registration Rights Agreement (Verso Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Holder under this Warrant, upon any breach or default of the Company under this AgreementWarrant, shall impair any such right, power or remedy of such the 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this AgreementHolder, or any waiver on the part of any Holder of any provisions or conditions of this AgreementHolder, 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 holder, Holder shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Warrant Agreement (Mti Technology Corp), Warrant Agreement (Mti Technology Corp), Warrant Agreement (Mti Technology Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Series C Convertible Preferred Stock Purchase Agreement (Global Pharmaceutical Corp \De\)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderWarrantor or Investor, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder Warrantor or Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Warrantor or Investor of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder Warrantor or Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, the Warrantors and the Investors shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preferred Shares Subscription Agreement (58.com Inc.), Series C Preferred Shares Purchase Agreement (InnoLight Technology Corp), Series C Preferred Shares Purchase Agreement (InnoLight Technology Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderparty under this Investors’ Rights Agreement, upon any breach or default of the Company any other party under this Investors’ Rights Agreement, shall impair any such right, power or remedy of such Holder 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 thereunder 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 Holder party of any breach or default under this Investors’ Rights Agreement, or any waiver on the part of any Holder party of any provisions or conditions of this Investors’ Rights 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, Investors’ Rights Agreement or by law or otherwise afforded to any holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (BeiGene, Ltd.), Investors’ Rights Agreement (BeiGene, Ltd.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any Holder, upon any breach breach, default or default noncompliance of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the any Holder's part of any Holder of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on the such Holder's part of any Holder 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 law, or otherwise afforded to any holderHolders, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investor Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company PURCHASER under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Verso Technologies Inc), Merger Agreement (Brainworks Ventures Inc), Merger Agreement (Verso Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderStockholder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Stockholder 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 thereunder 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 Holder Stockholder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Stockholder 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, Agreement or by law or otherwise afforded to any holderStockholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (CVRx, Inc.), Stockholders' Agreement (Worldgate Communications Inc), Stockholders' Rights Agreement (Acorn Products Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, the Purchaser upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder the Purchaser, 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder the Purchaser of any provisions or conditions of this 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, Agreement or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of in any similar breach or default thereunder thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must shall be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Oem Agreement (Utstarcom Inc), Oem Agreement (Utstarcom Inc), Stock Purchase Agreement (S/M Real Estate Fund Vii LTD/Tx)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, holder of any Securities upon any breach or default of the Company MSMI under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Guarantee Fee, Reimbursement and Indemnification Agreement (Vicis Capital, LLC), Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Registrable Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Florida Gaming Corp), Registration Rights Agreement (Cdknet Com Inc), Registration Rights Agreement (Starbase Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Stock, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, holder shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (Iss Group Inc), Exchange Agreement (Utstarcom Inc), Exchange Agreement (Utstarcom Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderTSMC, upon any breach or default of the Company Seller under this Agreement, shall impair any such right, power power, or remedy of such Holder remedy, 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 thereunder 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 It is further agreed that any waiver, permit, consent or approval of any kind or of character on the TSMC’s part of any Holder of any breach or default under this Agreement, or any waiver on the TSMC’s part of any Holder 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderTSMC, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Share Purchase Agreement (Omnivision Technologies Inc), Share Purchase Agreement (Omnivision Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderStockholder, upon any breach or default of by the Company under this Agreement, shall impair any such right, power or remedy of such Holder Stockholder 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 thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of Stockholder or any breach or default under this Agreement, or any waiver on the part of any Holder Stockholder 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 holderStockholder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Media Sciences International Inc), Registration Rights Agreement (Media Sciences International Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holderhereunder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, 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, Agreement or by law or otherwise afforded to any holderlaw, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Horsham Enterprises LTD), Stock Purchase Agreement (Horsham Enterprises LTD)
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 Holder, of the Purchasers upon any breach or default of the Company any party under this Agreement, shall impair any such right, power or remedy of such Holder the Company or 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 thereunder 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 Holder of the Purchasers of any breach or default under this Agreement, or any waiver on the part of any Holder 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 holder, shall be cumulative and not alternative.be
Appears in 2 contracts
Samples: Securities Purchase Agreement (Learning Co Inc), Securities Purchase Agreement (Learning Co Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach breach, or default under this Agreement, Agreement or any waiver on the part of any Holder 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, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Magainin Pharmaceuticals Inc), Common Stock Purchase Agreement (Magainin Pharmaceuticals Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Investor 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 thereunder 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 Holder Investor of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Investor 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, Agreement or by law or otherwise afforded to any holderInvestor, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Zapme Corp), Investors' Rights Agreement (Zapme Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Shares, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, holder shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series B and C Senior Preferred Stock Purchase Agreement (Arbinet Holdings Inc), Series a Preferred Stock Purchase Agreement (Arbinet Holdings Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to Borden or any Holder, Investor upon any breach or default of the Company under this Agreement, thxx Xxxeement shall impair any such right, power power, or remedy of such Holder Borden or the Investors, nor shall it be construed to be a waiver of any ox xxx such breach or default, default or an acquiescence thereinthereto, or of to any similar breach or default thereunder 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 Borden or any Holder Investors of any breach or default under this AgreementAgreemexx, or xr any waiver on the part of Borden or any Holder Investor of any provisions or conditions of this AgreementAgrxxxxxx, 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 holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Merger Agreement (Carecentric Inc), Merger Agreement (Carecentric Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderPurchaser, upon any breach or default of the Company Corporation under this Agreementany of the Operative Documents, shall impair any such right, power or remedy of such Holder nor Purchaser or 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 thereunder thereafter occurring; nor shall and any waiver of any single breach or default shall not be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder such holder of any provisions or conditions of this Agreement, the Operative Documents must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, under either under this Agreement, the Operative Documents or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Decora Industries Inc), Note and Warrant Purchase Agreement (Johnson Robert W Iv)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderLender, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Lender 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder Lender of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderLender, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Note and Warrant Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Unit Holder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Unit 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 thereunder 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 Unit Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Unit Holder 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, Agreement or by law or otherwise afforded to any holderUnit Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderCCA or to IHS, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder CCA or IHS, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder CCA or IHS of any breach or default under this Agreement, or Agreement and any waiver on the part of any Holder CCA or IHS 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 otherwise, afforded to any holder, CCA or IHS shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Warrant Acquisition Agreement (Integrated Health Services Inc), Warrant Acquisition Agreement (Community Care of America Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Purchased Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or a waiver of or acquiescence in any similar breach or default thereunder thereafter occurring; nor shall any waiver wavier of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of Purchased Shares of any breach or default under this Agreement, or any waiver on the part of any Holder holder of Purchased Shares of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderholder of Purchased Shares, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Systemsoft Corp), Stock Purchase Agreement (Sykes Enterprises Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any HolderPurchaser (in any capacity hereunder), upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, of default or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser (in any capacity hereunder) of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Purchaser 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, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Esperion Therapeutics Inc/Mi), Investors' Rights Agreement (Esperion Therapeutics Inc/Mi)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to the Company or to any HolderBuyer, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder the Company or any Buyer nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or of default thereunder 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 Holder Buyer of any breach or of default under this Agreement, or any waiver on the part of the Company or any Holder Buyer 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 holderBuyer, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rand Logistics, Inc.), Preferred Stock Purchase Agreement (Rand Acquisition CORP)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder, Holder upon any breach breach, default or default noncompliance of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the Holders' part of any Holder of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the Holders' part of any Holder 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 , and that all remedies, either under this Agreement, or by law the Company's Amended and Restated Articles of Incorporation, the Company's Bylaws, or otherwise afforded to any holder, Holder shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Nvidia Corp/Ca), Investors' Rights Agreement (Nvidia Corp/Ca)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of by the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of or any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, Holder or the Company shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Quepasa Corp), Registration Rights Agreement (Psychiatric Solutions Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any Holder, upon any breach breach, default or default noncompliance of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the any Holder's part of any Holder of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on the such Holder's part of any Holder 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 law, or otherwise afforded to any holderHolders, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Dynavax Technologies Corp), Investors' Rights Agreement (Dynavax Technologies Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder, holder of any Shares or Conversion Shares upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Except as provided in Section 11.8 hereof, any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investment Agreement (Saint Andrews Golf Corp), Investment Agreement (Las Vegas Discount Golf & Tennis Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, the Investor upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder the Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series C 1 Preferred Stock Purchase Agreement (Omneon Video Networks, Inc.), Common Stock Purchase Agreement (Omneon Video Networks, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Existing Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Restriction, Information Rights and Registration Rights Agreement (PLX Technology Inc), Stock Restriction, Information Rights and Registration Rights Agreement (PLX Technology Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, holder of the Amended Note upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Redemption and Debt Restructuring Agreement (Net TALK.COM, Inc.), Redemption and Debt Restructuring Agreement (Vicis Capital, LLC)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holderthe Holders, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of any similar breach or default thereunder thereafter occurring; nor shall any waiver wavier 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 part of any by a Holder of any breach or default under this Agreement, or any waiver on the part of any by a 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 the writing. All , and that all remedies, either under this Agreement, or by law or otherwise afforded to any holdera Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Good Guys Inc), Registration Rights Agreement (Good Guys Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, Holder upon any breach or default of the Company Buyer under this Agreement, Note shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any the Holder of any breach or default under this AgreementNote, or any waiver on the part of any the Holder of any provisions provision or conditions condition of this Agreement, Note must be made in writing and shall be effective as to Holder only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Note or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Security Agreement (Suncrest Global Energy Corp), Security Agreement (Suncrest Global Energy Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any the Holder, upon any breach or default of the Company under this Agreement, Note shall impair any such right, power power, or remedy of such the 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 thereunder 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 consent, or approval of any kind or character on the part of any Holder the Majority Investors of any breach or default under this Agreement, Note or any waiver on the part of any Holder the Majority Investors of any provisions or conditions of this Agreement, Note 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, Note or by law or otherwise afforded to any holderthe Investors, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Subordinated Secured Convertible Promissory Note (LDR Holding Corp), Subordinated Secured Convertible Promissory Note (LDR Holding Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, holder of any Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under writing or as provided in this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investor Rights Agreement (Trubion Pharmaceuticals, Inc), Investor Rights Agreement (Loudcloud Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of Securities or the Company, upon any breach or default of the Company or such holder, as the case may be, under this Agreement, shall impair any such right, power or remedy of such Holder holder or the Company, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, default or of any similar breach or default thereunder 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, or an acquiescence therein. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder or the Company of any breach or default under this Agreement, or any waiver on the part of any Holder holder or the Company of any provisions or of 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, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Purchase Agreement (Fairchild Industries Inc /De/), Purchase Agreement (Fairchild Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company under this Agreement, Rights Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Holder of any breach or default under this Agreement, Rights Agreement or any waiver on the part of any Holder of any provisions or conditions of this Agreement, Rights 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, Rights Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Yodlee Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Shares or Option Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder 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 Except as provided in Section 10.8 hereof, any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investment and Voting Agreement (Las Vegas Discount Golf & Tennis Inc), Investment and Voting Agreement (Asi Group LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderthe Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the Investor 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Investor of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Investor, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, the Purchaser upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the 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 default thereunder 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 by the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on by the part of any Holder Purchaser of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Licensing and Manufacturing Agreement (FSC Semiconductor Corp), Licensing and Manufacturing Agreement (FSC Semiconductor Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pets Com Inc), Securities Purchase Agreement (Audible Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder, upon any breach or default of the Company Shareholder under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Shareholder 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 thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Shareholder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Shareholder 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, Agreement or by law or otherwise afforded to any holderShareholder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholders Agreement (Advance Display Technologies Inc), Shareholders Agreement (Advance Display Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Yahoo Inc), Stock Purchase Agreement (Softbank Holdings Inc Et Al)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any HolderStockholders, upon any breach or default of by the Company under this Agreement, shall impair any such right, power or remedy of such Holder Stockholders 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 thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of Stockholder or any breach or default under this Agreement, or any waiver on the part of any Holder Stockholder 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 holderStockholders, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Argan Inc), Registration Rights Agreement (Argan Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holderholder of any of the Securities, upon any breach or default of the Company under this Agreementany Transaction Document, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder 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, a Transaction Document or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Secured Convertible Note and Warrant Purchase Agreement (Patient Safety Technologies, Inc), Secured Convertible Note and Warrant Purchase Agreement (Patient Safety Technologies, Inc)
