Common use of Extension and Waiver Clause in Contracts

Extension and Waiver. At any time prior to the Effective Time, whether before or after receipt of the Company Stockholder Approval and the Minority Approval at the Company Stockholders Meeting, if applicable: (a) the Special Committee on behalf of the Company may (i) extend the time for the performance of any of the obligations or other acts of Merger Sub and Parent, (ii) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by Merger Sub or Parent pursuant hereto or (iii) waive compliance by Merger Sub or Parent with any of the agreements or with any conditions to the Company’s obligations (except for the condition set forth in Section 6.01(b), which may not be waived in any circumstance). (b) Parent may (i) extend the time for the performance of any of the obligations or other acts of the Company, (ii) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by the Company pursuant hereto or (iii) waive compliance by the Company with any of the agreements or with any conditions to Merger Sub or Parent’s obligations (except for the condition set forth in Section 6.01(b), which may not be waived in any circumstance). (c) Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party by a duly authorized officer.

Extension and Waiver. At any time prior to the Effective Time, whether before or after receipt of the Company Stockholder Shareholder Approval and the Minority Approval at the Company Stockholders Shareholders Meeting, if applicable: (a) the Special Committee on behalf of the Company may may, but shall not be obligated to, (i) extend the time for the performance of any of the obligations or other acts of Merger Sub and Parent, (ii) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by Merger Sub or Parent pursuant hereto or (iii) waive compliance by Merger Sub or Parent with any of the agreements or with any conditions to the Company’s 's obligations (except for the condition set forth in Section 6.01(b), which may not be waived in any circumstance). (b) Parent may may, but shall not be obligated to, (i) extend the time for the performance of any of the obligations or other acts of the Company, (ii) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by the Company pursuant hereto or (iii) waive compliance by the Company with any of the agreements or with any conditions to Merger Sub or Parent’s 's obligations (except for the condition set forth in Section 6.01(b), which may not be waived in any circumstance). (c) Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party by a duly authorized officer.

Extension and Waiver. (a) At any time prior to the Effective Time, whether before or after receipt of the Company Stockholder Approval and the Minority Approval at the Company Stockholders MeetingApproval, if applicable: (ai) the Company (only pursuant to a resolution adopted by the Special Committee on behalf of the Company Committee) may (ia) extend the time for the performance of any of the obligations or other acts of Merger Sub and Parent, (iib) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by Merger Sub or Parent pursuant hereto hereto, or (iiic) waive compliance by Merger Sub or Parent with any of the agreements or with any conditions to the Company’s and Merger Sub’s obligations (except for other than receipt of the condition set forth in Section 6.01(b), which may not be waived in any circumstanceStockholder Approval and Majority of the Minority Approval). (bii) Parent may (ia) extend the time for the performance of any of the obligations or other acts of the CompanyCompany and/or Merger Sub, (iib) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered by the Company or Merger Sub pursuant hereto hereto, or (iiic) waive compliance by the Company or Merger Sub with any of the agreements or with any conditions to Merger Sub or Parent’s obligations (except for other than receipt of the condition set forth in Section 6.01(b), which may not be waived in any circumstanceStockholder Approval and Majority of the Minority Approval). (cb) Any consent or any agreement on the part of a Party 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 party by a duly authorized officerofficer (in the case of the Company, only after approval of the Special Committee as to such action has been provided).