Exercise of Rights and Remedies. 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 159 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. 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 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 33 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. 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 14 contracts
Samples: Wholesale Agreement, Wholesale Agreement, Santosha LLC Wholesale Agreement
Exercise of Rights and Remedies. No 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 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 10 contracts
Samples: Agreement and Plan of Reorganization (United Road Service Inc), Agreement and Plan of Reorganization (United Road Service Inc), Agreement and Plan of Reorganization (United Road Service Inc)
Exercise of Rights and Remedies. 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 9 contracts
Samples: Management Stockholders’ Agreement (J Crew Group Inc), Registration and Participation Rights Agreement (Gymboree Corp), Management Stockholders’ Agreement (J Crew Group Inc)
Exercise of Rights and Remedies. 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 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: Purchase Agreement, Interim Agreement, Sponsorship Agreement
Exercise of Rights and Remedies. 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 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. 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: Shareholders Agreement, Registration Rights Agreement (Zekelman Industries, Inc.), Stockholders Agreement (Zekelman Industries, Inc.)
Exercise of Rights and Remedies. 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.. [Signature pages follow]
Appears in 8 contracts
Samples: Registration Rights and Coordination Agreement, Registration Rights Agreement (Fogo De Chao, Inc.), Registration Rights Agreement (Bloomin' Brands, Inc.)
Exercise of Rights and Remedies. 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 7 contracts
Samples: Nomination Rights Agreement (Lion Electric Co), Registration Rights Agreement (Lion Electric Co), Business Combination Agreement and Plan of Reorganization (Lion Electric Co)
Exercise of Rights and Remedies. 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.. * * Signature pages follow * *
Appears in 6 contracts
Samples: Shareholder Agreement, Shareholder Agreement (Avago Technologies LTD), Shareholder Agreement (Avago Technologies LTD)
Exercise of Rights and Remedies. 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 nor 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. 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. 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 4 contracts
Samples: Stockholders Agreement (loanDepot, Inc.), Stockholders Agreement (loanDepot, Inc.), Stockholders Agreement (loanDepot, Inc.)
Exercise of Rights and Remedies. 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 3 contracts
Samples: Employment Agreement (Buckeye Ventures, Inc.), Employment Agreement (Large Scale Biology Corp), Employment Agreement (Large Scale Biology Corp)
Exercise of Rights and Remedies. No Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any the 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 3 contracts
Samples: Partnership Interest Purchase Agreement (Contango Oil & Gas Co), Stock Purchase Agreement (Equifin Inc), Partnership Interest Purchase Agreement (Cheniere Energy Inc)
Exercise of Rights and Remedies. No 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 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 2 contracts
Samples: Merger Agreement and Plan of Reorganization (1 800 Autotow Inc), Merger Agreement and Plan of Reorganization (1 800 Autotow Inc)
Exercise of Rights and Remedies. 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. No 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 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 2 contracts
Samples: Membership Interest Purchase Agreement (Dovebid Inc), Membership Interest Purchase Agreement (Dovebid Inc)
Exercise of Rights and Remedies. No 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 such delay, omission nor . 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 (Bartels Williams H), Agreement and Plan of Merger (Pia Merchandising Services Inc)
Exercise of Rights and Remedies. 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 2 contracts
Samples: Director Nomination Agreement, Director Nomination Agreement (Performant Financial Corp)
Exercise of Rights and Remedies. 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 2 contracts
Samples: Asset Purchase Agreement (Andersen Group Inc), Asset Purchase Agreement (Buckeye Ventures, Inc.)
Exercise of Rights and Remedies. 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. Any waiver to any provision of this Agreement must be in writing and signed by the party against whom it is sought to be enforced.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Vector Capital V, L.P.), Common Stock Purchase Agreement (Clearlake Capital Group, L.P.)
Exercise of Rights and Remedies. No 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 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 2 contracts
Samples: Stock Purchase Agreement (DTVN Holdings Inc), Stock Purchase Agreement (Transcom Communications Inc)
Exercise of Rights and Remedies. No 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 such delay, omission nor waiver of any single breach or default be deemed a waiver of any other breach or of default occurring before or after that waiver.
Appears in 2 contracts
Samples: Stock Purchase and Investment Agreement (Oakhurst Co Inc), Agreement (Ampace Corp)
Exercise of Rights and Remedies. No 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 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 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. No 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 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: Stock Purchase Agreement (Advanced Nutraceuticals Inc/Tx)
Exercise of Rights and Remedies. 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.. 50
Appears in 1 contract
Exercise of Rights and Remedies. No 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 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
Exercise of Rights and Remedies. 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 nor 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: sec.report
Exercise of Rights and Remedies. 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 1 contract
Samples: Asset Purchase Agreement (Gametech International Inc)
Exercise of Rights and Remedies. 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.. (SIGNATURE PAGES FOLLOW)
Appears in 1 contract
Samples: Registration Rights Agreement (Frontier Group Holdings, Inc.)
Exercise of Rights and Remedies. No 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 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: Agreement and Plan of Organization (Travel Services International Inc)
Exercise of Rights and Remedies. 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.. 42
Appears in 1 contract
Samples: Stockholder Agreement (West Corp)
Exercise of Rights and Remedies. No 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 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
Exercise of Rights and Remedies. No delay of 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 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: Triple Net Lease Agreement
Exercise of Rights and Remedies. 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 or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver. Section 7.
Appears in 1 contract
Exercise of Rights and Remedies. 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.. EXECUTION VERSION
Appears in 1 contract
Exercise of Rights and Remedies. 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. 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)
Exercise of Rights and Remedies. No 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 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: Stock Purchase Agreement (Sm&a Corp)
Exercise of Rights and Remedies. No 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 such delay, omission nor 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
Samples: Agreement and Plan of Organization (Condor Technology GRP)
Exercise of Rights and Remedies. 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. 9.8.
Appears in 1 contract
Samples: Asset Purchase Agreement
