Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 472 contracts
Samples: Split Off Agreement (Aptorum Group LTD), Equity Transfer Agreement (I-on Digital Corp.), Spin Off Agreement (CX Network Group, Inc.)
Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------- no delay of of, or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 12 contracts
Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of of, or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------- no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Asset Purchase Agreement (Dovebid Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 5 contracts
Samples: Contribution Agreement (Manhattan Associates Inc), Stock Purchase Agreement (Verticalnet Inc), Agreement and Plan of Reorganization and Merger (Sm&a Corp)
Exercise of Rights and Remedies. Except as otherwise provided herein, no ------------------------------- delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 5 contracts
Samples: Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no No delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; , nor shall any such delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 3 contracts
Samples: Interim Investors Agreement (Hidary Group Acquisitions, LLC), Interim Investors Agreement (Hidary Group Acquisitions, LLC), Interim Investors Agreement (Aquamarine Capital Management, LLC)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------- no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 2 contracts
Samples: Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan (U S a Floral Products Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------ no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party Party as a result of any breach or default by any other party Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided hereinNo delay of, no delay of or omission in in, the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall will impair any such that right, power or remedy, nor shall it will any such delay or omission be construed as a waiver of of, or acquiescence in in, any such breach or default, or of any similar breach or default occurring later; , nor shall will any delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Registration and Preemptive Rights Agreement (IMS Health Holdings, Inc.)
Exercise of Rights and Remedies. Except as otherwise provided herein, no No delay of or omission in the ------------------------------- exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any such delay, omission nor waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Stockholders Agreement (Aerovox Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single 47 53 breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Agreement of Merger (Marinemax Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, -88- 96 or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vestcom International Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party Party as a result of any breach or default by any other party Party under this Agreement or the Other Agreements shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Agreement (Global Casinos Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed Initials as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any -77- breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Samples: Agreement and Plan of Organization (Metals Usa Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
