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 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 175 contracts
Samples: Interim Investors' Agreement (Consolidated Communications Holdings, Inc.), Interim Investors Agreement (Focus Financial Partners Inc.), Registration Rights Agreement (Frontier Group 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 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 34 contracts
Samples: Interim Investors Agreement (Evenstar Capital Management LTD), Interim Investors Agreement (General Atlantic, L.P.), Interim Investors Agreement (Fang Holdings LTD)
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 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 14 contracts
Samples: Wholesale Agreement, Wholesale Agreement, Wholesale Agreement
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: Asset Purchase Agreement (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 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), Merger Agreement (Dovebid Inc), Merger Agreement (Dovebid 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 will impair any such right, power or remedy, nor shall will 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 will 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 12 contracts
Samples: Management Stockholders’ Agreement (J Crew Group Inc), Registration and Participation Rights Agreement (Gymboree Corp), Management Stockholders Agreement (IMS Health Holdings, 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 10 contracts
Samples: Merger Agreement (United Road Service Inc), Merger Agreement (United Road Service Inc), Merger Agreement (United Road Service 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 such waiver.
Appears in 9 contracts
Samples: Interim Agreement, Interim Agreement, Sponsorship Agreement
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 8 contracts
Samples: Registration Rights Agreement (Lion Electric Co), Nomination Rights Agreement (Lion Electric Co), Business Combination Agreement (Lion Electric Co)
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 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 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 8 contracts
Samples: Interim Investors Agreement, Stockholders Agreement (Zekelman Industries, Inc.), Registration Rights Agreement (Zekelman Industries, 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 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 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 8 contracts
Samples: Framework Agreement (Good Works Acquisition Corp.), Interim Investors Agreement (Liu Tony), Funding and Cooperation Agreement (Cascade Investment LLC)
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 the 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 6 contracts
Samples: Stockholders Agreement (loanDepot, Inc.), Stockholders Agreement (loanDepot, Inc.), Director Nomination Agreement
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), Merger Agreement (Sm&a Corp), Stock Purchase Agreement (Verticalnet 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: Merger Agreement (Hospitality Design & Supply Inc), Asset Purchase Agreement (Dovebid Inc), Merger Agreement (Hospitality Design & Supply 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 will 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 will 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 5 contracts
Samples: Investor Rights Agreement (NewLake Capital Partners, Inc.), Stock Transfer Restriction Agreement (LifeStance Health Group, Inc.), Stock Transfer Restriction Agreement (LifeStance Health Group, 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: 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 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 4 contracts
Samples: Interim Investors Agreement (Caisse De Depot Et Placement Du Quebec), Interim Investors Agreement (GIC Private LTD), Interim Investors Agreement (Longview Asset Management, LLC)
Exercise of Rights and Remedies. Except as this Agreement otherwise provided hereinprovides, 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 hereunder by any other party under this Agreement shall will impair any such right, power or remedy, nor shall will it be construed construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall will any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 4 contracts
Samples: Merger Agreement (Esenjay Exploration Inc), Stockholders Agreement (Santos Americas & Europe Corp), Merger Agreement (Santos Americas & Europe 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 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), Merger Agreement (Hospitality Design & Supply 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 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 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Andersen Group Inc), Asset Purchase Agreement (Buckeye Ventures, 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 2 contracts
Samples: Membership Interest Purchase Agreement (Dovebid Inc), Membership Interest Purchase Agreement (Dovebid 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.. [ ], 2004
Appears in 2 contracts
Samples: Stockholders Agreement (Dominos Pizza Inc), Employee Stockholders Agreement (Dominos Pizza 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 the 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.. 267502474 v9
Appears in 2 contracts
Samples: Stockholders Agreement (loanDepot, Inc.), Stockholders Agreement (loanDepot, Inc.)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any rightrights, 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 Reorganization (Expresspoint Technology Systems Inc), Agreement and Plan of Reorganization (Expresspoint Technology Systems 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 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: Merger Agreement (1 800 Autotow Inc), Merger Agreement (1 800 Autotow 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 . No waiver of any single breach or default shall be deemed a waiver of any other breach or default occurring before or after that such waiver.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pia Merchandising Services Inc), Merger Agreement (Bartels Williams H)
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 to this Agreement 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: Stock Purchase Agreement (Transcom Communications Inc), Stock Purchase Agreement (DTVN Holdings 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 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 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
Samples: Asset Purchase Agreement (Gametech 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 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: Stock Purchase Agreement (Advanced Nutraceuticals Inc/Tx)
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 66 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 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: Stock Purchase Agreement (Sm&a Corp)
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 will 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 will 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. 12.5.
Appears in 1 contract
Samples: Stockholders' Agreement
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any 91 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
Samples: Agreement and Plan of Organization (Travel Services 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 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; 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 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 (SMTC 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 or in 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 the Lease 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: Triple Net Lease Agreement
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: Principal Investor Agreement (Univision Communications Inc)
