Common use of Extension and Waiver Clause in Contracts

Extension and Waiver. Parent, on the one hand, and the Company (prior to the Closing) and the Stockholders’ Representative (after the Closing), on the other hand, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations of the other party hereto, (b) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. For purposes of this Section 10.4, the Company Stockholders are deemed to have agreed that any extension or waiver signed by the Stockholders’ Representative shall be binding upon and effective against all Company Security Holders whether or not they have signed such extension or waiver.

Extension and Waiver. ParentPurchaser, on the one hand, and the Company (prior to the Closing) and the StockholdersShareholders’ Representative (after the Closing), on the other hand, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations of the other party hereto, (b) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. For purposes of this Section 10.4, the Company Stockholders Shareholders are deemed to have agreed that any extension or waiver signed by the StockholdersShareholders’ Representative shall be binding upon and effective against all Company Security Holders whether or not they have signed such extension or waiver.

Extension and Waiver. ParentAt any time prior to the Closing, Parent and the Merger Subs, on the one hand, and the Company (prior to the Closing) and the Stockholders’ Representative (after the Closing)Company, on the other hand, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations of the other party or parties hereto, (b) waive any inaccuracies in the representations and warranties made to such party or parties contained herein or in any document delivered pursuant hereto, and (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party or parties contained herein. Any agreement on the part of a party or parties hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty or parties. For purposes of this Section 10.49.6, the Company Stockholders Indemnitors are deemed to have agreed that any extension or waiver signed by the Stockholders’ Representative Company shall be binding upon and effective against all Company Security Holders Indemnitors whether or not they have signed such extension or waiver, subject to the authority granted to, and to the limitations thereon placed on, the Securityholder Representative hereunder to act on behalf of such Company Indemnitors.