Effect of Certain Actions. No action taken pursuant to or related to this Agreement, including without limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, condition or agreement contained herein.
Effect of Certain Actions. The amount of Option Shares and -------------------------- Acquiror Shares delivered or required to be delivered hereunder shall reflect appropriately the effect of any stock split, reverse stock split, stock dividend (including any dividend or distribution of securities convertible into Acquiror Common Shares or Target Common Stock), reorganization, recapitalization or other like change with respect to Acquiror Common Shares or Target Common Stock occurring after the date of Closing and prior to the date of the Put Closing.
Effect of Certain Actions. Delay or failure by the Lender to insist on performance of any obligation when due or compliance with any other term or condition in the Loan Documents will not operate as a waiver thereof or of any other obligation, term or condition or of the time of the essence provision. Acceptance of late payments will not be a waiver of the time of the essence provision, the right of the Lender to require that subsequent payments be made when due, or the right of the Lender to declare an Event of Default if subsequent payments are not made when due.
Effect of Certain Actions. In the event that (i) shares of ------------------------- Option Stock are exchanged for or changed into any different class or series of securities issued by the Company or any other corporation as the result of any merger, consolidation, or sale of assets followed by liquidation, reclassification or reorganization, or (ii) any additional shares of Common Stock or any other securities shall be distributed with respect to the Option Stock as a stock dividend, stock split, partial liquidation or dividend, then all such securities shall be subject to the terms and provisions of Sections 7, 8 and 9 hereof and shall be deemed to be included in the term "Option Stock" as used herein. As used herein, the term "Company" shall include any other corporation which shall succeed to substantially all of the business and assets of the Company as the result of any merger, consolidation, sale of assets, or reorganization.
Effect of Certain Actions. Delay or failure by Bank to insist on performance of any obligation when due or compliance with any other term or condition in this Agreement or any Loan Documents will not operate as a waiver thereof or of any other obligation, term or condition or of the time of the essence provision. Acceptance of late payments will not be a waiver of the time of the essence provision, the right of Bank to require that subsequent payments be made when due, or the right of Bank to declare an Event of Default if subsequent payments are not made when due.
Effect of Certain Actions. In the event that (i) shares of Stock are ------------------------- exchanged for or changed into any different class or series of securities issued by the Company or any other corporation as the result of any merger, consolidation, or sale of assets followed by liquidation, reclassification or reorganization, or (ii) any additional shares of stock or any other securities shall be distributed with respect to the Stock as a stock dividend, stock split, partial liquidation, or dividend, then all such securities shall be subject to the terms and provisions of this Agreement and shall be deemed to be included in the term "Stock" as used herein. As used herein, the term Company shall include any other corporation which shall succeed to substantially all of the business and assets of the Company as the result of any merger, consolidation, sale of assets, or reorganization.
Effect of Certain Actions. (a) In the event that any regulatory agency, state department of insurance, including without limitation, the DOI, or third party creditor of Radian (each a “Third Party Claimant”) indicates in writing that it intends to seek to avoid any payment under the Transaction Agreements or to void any portion of the Transaction Agreements, the Parties shall use good faith efforts to resist such action, to the extent not prohibited by law, and shall meet and confer regarding such efforts to resist such action by the DOI or such Third Party Claimant.
Effect of Certain Actions. Notwithstanding anything else in this Agreement, if prior to the fourth anniversary of the date hereof the Buyer terminates Fxxxxx’x employment with the Buyer and fails to comply, in all material respects, with all the requirements of one of Sections 5.1(a), (b) or (c) of Fxxxxx’x Employment Agreement, whichever is applicable, or if Fxxxxx terminates his employment in accordance with Section 5.1(d) of his Employment Agreement and the Buyer fails to comply, in all material respects, with the requirements of Section 5.1(d)(ii) of Fxxxxx’x Employment Agreement relating to continued payment of all Base Salary (as that term is defined therein) and bonus, if any, and continuation of all benefits, then without limiting any other rights and remedies that may be available to Fxxxxx at law or in equity, all obligations of Fxxxxx under Sections 13.1, 13.2, 13.3 and 13.8 of this Agreement shall terminate automatically.
Effect of Certain Actions. In order to prevent dilution of the rights granted under this Agreement, the provisions of Article 9 relating to the conversion of the Notes into shares of Common Stock shall be subject to adjustment from time as provided in this Section 9.4.
Effect of Certain Actions. 116 12.5 Binding Effect....................................................................116 12.6 Severability......................................................................116 12.7
