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

Extension of Time, Waiver, Etc. The Company and the Holders of Registrable Securities outstanding may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Holders 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.

Extension of Time, Waiver, Etc. The Company and At any time prior to the Holders of Registrable Securities outstanding GP Merger Effective Time, any party may, subject to applicable LawLaw and authorization from its respective board of directors, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company any JPE GP or the Holders any AMID Entity in exercising any right hereunder shall operate as a waiver thereof, 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.

Extension of Time, Waiver, Etc. The Company and At any time prior to the Holders of Registrable Securities outstanding Acceptance Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant heretoparty, (b) extend the time for the performance of any of the obligations or acts of the any other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions, and following the Acceptance Time, no party may make any such waiver. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Holders Merger Sub in exercising any right hereunder shall operate as a waiver thereof, 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.

Extension of Time, Waiver, Etc. The Company At any time prior to the Effective Time, the Acquiror Parties on the one hand and the Holders of Registrable Securities outstanding Company on the other, may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the such other party contained herein or in any document delivered pursuant Party hereto, (b) extend the time for the performance of any of the obligations or acts of the such other party Party hereto or (c) waive compliance by the such other party Party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such partyother Party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Holders an Acquiror Party in exercising any right hereunder shall will operate as a waiver thereof, thereof nor shall will 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 Party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension of Time, Waiver, Etc. The Company and At any time prior to the Holders of Registrable Securities outstanding Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin this Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Holders Merger Sub in exercising any right hereunder shall operate as a waiver thereofof rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights 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.

Extension of Time, Waiver, Etc. The Company and At any time prior to the Holders of Registrable Securities outstanding Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party or hereto, (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditionsconditions or (d) make or grant any consent under this Agreement. Notwithstanding the foregoing, no failure or delay by the Company any Partnership Party or the Holders any P66 Party in exercising any right hereunder shall operate as a waiver thereof, 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.

Extension of Time, Waiver, Etc. The Company and the Holders of Registrable Securities outstanding may, subject Subject to applicable Law, at any time prior to the Closing, any party may, for itself and no other party hereto (except as otherwise provided herein), (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Holders a party in exercising any right hereunder shall operate as a waiver thereof, 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.

Extension of Time, Waiver, Etc. The Company At any time prior to the Effective Time, the Company, on the one hand, and Parent and Purchaser, on the Holders of Registrable Securities outstanding other, may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Holders Purchaser in exercising any right hereunder shall operate as a waiver thereof, 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.

Extension of Time, Waiver, Etc. The Company and At any time prior to the Holders of Registrable Securities outstanding Effective Time, any party may, subject to and to the extent permitted by applicable Law, Legal Requirements: (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, ; (b) extend the time for the performance of any of the obligations or acts of the any other party hereto; or (c) waive compliance by the any other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin the Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Holders Merger Sub in exercising any right hereunder shall operate as a waiver thereofof rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights 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.

Extension of Time, Waiver, Etc. The Company At any time prior to the Effective Time, the Acquiror and Merger Sub on the one hand and the Holders of Registrable Securities outstanding Company on the other, may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the such other party contained herein or in any document delivered pursuant Party hereto, (b) extend the time for the performance of any of the obligations or acts of the such other party Party hereto or (c) waive compliance by the such other party Party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such partyother Party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Holders Acquiror in exercising any right hereunder shall will operate as a waiver thereof, thereof nor shall will 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 Party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension of Time, Waiver, Etc. The Company At any time prior to the Effective Time, Modtech and the Holders of Registrable Securities outstanding SPI may, subject to applicable Law, : (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, (b) extend the time for the performance of any of the obligations or acts of the other party or ; and (c) waive compliance by the other party with any of the agreements or conditions of the other party contained herein applicable to such party orherein, except as otherwise provided hereinthe receipt of the tax opinions set forth in Sections 6.2 and 6.3 above; provided, waive any of such party’s conditions. Notwithstanding the foregoinghowever, that no failure or delay by the Company Modtech or the Holders SPI in exercising any right hereunder shall operate as a waiver thereof, 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.. -57- 63 ARTICLE VIII