Common use of Extension of Time, Waiver, Etc Clause in Contracts

Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the Company and Parent may (a) extend the time for the performance of any of the obligations or acts of the other party; (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; or (c) waive compliance with any of the agreements or conditions of the other party contained herein. Notwithstanding the foregoing, no failure or delay by the Company or Parent in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any other right hereunder. 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: Merger Agreement (Samsonite Corp/Fl), Merger Agreement (CVC European Equity IV (AB) LTD)

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Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the Company and Parent may may: (a) extend the time for the performance of any of the obligations or acts of the other party; (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; or (c) waive compliance with any of the agreements or conditions of the other party contained herein. Notwithstanding the foregoing, no failure or delay by the Company or Parent in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. 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: Merger Agreement (Newgen Results Corp), Merger Agreement (Teletech Holdings Inc)

Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the Company and Parent any party may (a) extend the time for the performance of any of the obligations or acts of the any other partyparty hereto; (b) waive any inaccuracies in the representations and warranties of the any other party hereto contained herein or in any document delivered pursuant hereto; or (c) subject to the proviso of Section 7.13 waive compliance with any of the agreements or conditions of the any other party hereto contained herein. Notwithstanding the foregoing, foregoing no failure or delay by the Company or Parent the Bidder in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. 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: Merger Agreement (Invitrogen Corp), Merger Agreement (Dexter Corp)

Extension of Time, Waiver, Etc. At any time prior The parties hereto may, subject to the Effective Timeapplicable Law, the Company and Parent may (a) extend the time for the performance of any of the obligations or acts of the other party; (bi) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; , (ii) extend the time for the performance of any of the obligations or acts of the other party or (ciii) waive compliance by the other party with any of the agreements or conditions contained herein applicable to such party or, except as otherwise provided herein, waive any of the other party contained hereinsuch party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or Parent parties hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. 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: Purchase Agreement (Aimco OP L.P.)

Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the Company and Parent may News Corp. may: (a) extend the time for the performance of any of the obligations or acts of the other party; ; (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; or or (c) waive compliance with any of the agreements or conditions of the other party contained herein. Notwithstanding ; PROVIDED, HOWEVER, that the foregoingCompany may not waive the condition set forth in Section 7.2(d); and PROVIDED, FURTHER, that no failure or delay by the Company or Parent News Corp. in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver contemplated by this Section 8.7 shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Merger Agreement (Heritage Media Corp)

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Extension of Time, Waiver, Etc. At any time prior to the Effective TimeDate, the Company and Parent either party may (a) extend the time for the performance of any of the obligations or acts of the any other partyparty hereto; (b) waive any inaccuracies in the representations and warranties of the other party hereto contained herein or in any document delivered pursuant hereto; or (c) waive compliance with any of the agreements or conditions of the other party hereto contained herein. Notwithstanding the foregoing, no failure or delay by the Company Buyer or Parent the Seller in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a either 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: Stock Purchase Agreement (Alliant Techsystems Inc)

Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the The Company ------------------------------ and Parent may Grantee may: (a) extend the time for the performance of any of the obligations or acts of the other party; ; (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; or or (c) waive compliance with any of the agreements or conditions of the other party contained herein. Notwithstanding the foregoing; provided, however, that no failure or delay by the Company or Parent Grantee in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver contemplated by this Section 19 shall be valid only if set forth in an instrument instrment in writing signed on behalf of such party.

Appears in 1 contract

Samples: Stock Option Agreement (Procter & Gamble Co)

Extension of Time, Waiver, Etc. At any time prior to the Effective Time, the Company and Parent may may: (a) extend the time for the performance of any of the obligations or acts of the other party; , (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto; hereto or (c) waive compliance with any of the agreements or conditions of the other party contained herein. Notwithstanding the foregoing, foregoing no failure or delay by the Company or Parent in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. 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: Merger Agreement (International Wireless Communications Holdings Inc)

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