Extension of Time; Waiver. At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub 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 4 contracts
Samples: Merger Agreement (Fremont Michigan Insuracorp Inc), Merger Agreement (Getty Images Inc), Merger Agreement (Digimarc Corp)
Extension of Time; Waiver. At any time prior to the Effective TimeFirst Closing, any party the parties may, subject to applicable Law, the extent legally allowed:
(a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend Extend the time for the performance of any of the obligations or other acts of the other parties hereto,
(b) Waive any other inaccuracies in the representations and warranties made to such party hereto contained herein or in any document delivered pursuant hereto, and
(c) waive Waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any or conditions for the benefit of such party’s conditions. Notwithstanding the foregoingparty contained herein; provided, that no failure or delay by the Company, Parent or Merger Sub any party 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 any 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 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (INPHI Corp), Share Purchase Agreement (INPHI Corp)
Extension of Time; Waiver. At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub 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 (Internet Brands, Inc.), Merger Agreement (L-1 Identity Solutions, Inc.)
Extension of Time; Waiver. At any time prior to the Effective Time, any party Parent and Merger Subsidiary, on the one hand, and the Company, on the other hand, may, subject to applicable Law, the extent legally allowed:
(a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend Extend the time for the performance of any of the obligations or other acts of any the other party hereto 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 Waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any or conditions for the benefit of such party’s conditions. Notwithstanding the foregoingparty contained herein; provided, that no failure or delay by the Company, Parent or Merger Sub any party 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 any 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 (Logicvision Inc), Merger Agreement (Incyte Genomics Inc)
Extension of Time; Waiver. At any time prior to the Effective Time, any party Parent and Merger Subsidiary, on the one hand, and the Company, on the other hand, may, subject to applicable Law, the extent legally allowed:
(a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend Extend the time for the performance of any of the obligations or other acts of any the other party hereto 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 Waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any or conditions for the benefit of such party’s conditions. Notwithstanding the foregoingparty contained herein; provided, that no failure or delay by the Company, Parent or Merger Sub any party 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. .
(d) Any agreement on the part of a any 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 (Incyte Genomics Inc), Merger Agreement (Riverstone Networks Inc)
Extension of Time; Waiver. At any time prior to the Effective Time, any party hereto may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party hereto with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub 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 (Authentec Inc)
Extension of Time; Waiver. At any time prior to the Effective Time, any party may, subject to applicable LawLaw and by action taken by their respective board of directors, subject to Section 1.5, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub 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
Extension of Time; Waiver. At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub VTBH 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
Extension of Time; Waiver. At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub Diffusion 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 (RestorGenex Corp)
Extension of Time; Waiver. At any time prior to the Effective Time, any party X-ceed and Zabit may, subject to applicable Law, the extent legally allowed:
(a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend Extend the time for the performance of any of the obligations or other acts of any the other party hereto hereto,
(b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, or
(c) waive Waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any or conditions for the benefit of such party’s conditions. Notwithstanding the foregoingparty contained herein; provided, that no failure or delay by the Company, Parent or Merger Sub any party 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 any 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 (X Ceed Inc)
Extension of Time; Waiver. At any time prior to the Effective TimeVoting Expiration Date, any party Party may, subject to applicable Applicable Law, (a) waive any inaccuracies in the representations and warranties of any the other party Party hereto, (b) extend the time for the performance of any of the obligations or acts of any the other party Party hereto or (c) waive compliance by the other party Party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such partyParty’s conditions. Notwithstanding anything to the foregoingcontrary contained herein, no failure or delay by the Company, Parent or Merger Sub the Holder, 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 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 partyParty.
Appears in 1 contract
Samples: Joinder and Support Agreement (1Life Healthcare Inc)