Common use of Extension and Waiver Clause in Contracts

Extension and Waiver. At any time prior to any Closing, Acquiror, on the one hand, and the 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 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.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Iridex Corp), Asset Purchase Agreement (Iridex Corp)

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Extension and Waiver. At any time prior to any following the Closing, AcquirorParent, on the one hand, and the CompanyCompany Stockholders, on the other hand, may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations of the other party or parties hereto, (bii) waive any inaccuracies in the representations and warranties made to such party or parties contained herein or in any document delivered pursuant hereto hereto, and (ciii) 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.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fulgent Genetics, Inc.)

Extension and Waiver. At any time prior to any Closingthe Effective Time, AcquirorParent or Merger Sub, on the one hand, and or the 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 hereto, party(ies); (b) waive any inaccuracies in the representations and warranties made to such party of the other party(ies) contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement; or (c) unless prohibited by applicable Law, waive compliance with any of the covenants, agreements agreements, or conditions for the benefit of such party contained hereinin this Agreement. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a waiver of such partyrights.

Appears in 1 contract

Samples: Agreement and Plan of Merger (INVO Bioscience, Inc.)

Extension and Waiver. At any time prior to any Closingthe Effective Time, Acquirorthe Parent or Merger Sub, on the one hand, and or the Company, on the other hand, may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations of the other party heretoparty(ies), (b) waive any inaccuracies in the representations and warranties made to such party of the other party(ies) contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement, or (c) unless prohibited by applicable Law, waive compliance with any of the covenants, agreements agreements, or conditions for the benefit of such party contained hereinin this Agreement. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a waiver of such partyrights.

Appears in 1 contract

Samples: Agreement and Plan of Merger (INVO Bioscience, Inc.)

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Extension and Waiver. At any time prior to any the Closing, Acquiror, on the one hand, Parent and the Company, on the other hand, Company may, to the extent legally allowedpermitted, (ai) extend the time for the performance of any of the obligations of the other party hereto, (bii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (ciii) 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.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (OccuLogix, Inc.)

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