Extension; Waiver. At any time prior to the Expiration Date, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 10 contracts
Samples: Voting Agreement (Marcato Capital Management Lp), Support Agreement (United Engineers LTD), Voting Agreement (Walt Disney Co/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other parties contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Washington National Corp), Merger Agreement (Code Hennessy & Simmons Ii Lp), Merger Agreement (Chancellor Broadcasting Co /De/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 9 contracts
Samples: Merger Agreement (I Stat Corporation /De/), Merger Agreement (I Stat Corporation /De/), Merger Agreement (Click Commerce Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso in Section 8.04, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 9 contracts
Samples: Merger Agreement (Nurx Pharmaceuticals, Inc.), Merger Agreement (Quantrx Biomedical Corp), Merger Agreement (MLE Holdings, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.2, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 8 contracts
Samples: Merger Agreement (First Alert Inc), Merger Agreement (Hasbro Inc), Merger Agreement (Sunbeam Corp/Fl/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the proviso of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 8 contracts
Samples: Merger Agreement (Evi Inc), Merger Agreement (Camco International Inc), Merger Agreement (Evi Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties parties, by action taken or authorized by their respective boards of directors, may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 8 contracts
Samples: Merger Agreement (Ciber Inc), Merger Agreement (Ciber Inc), Merger Agreement (Alphanet Solutions Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.10, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those such rights.
Appears in 7 contracts
Samples: Merger Agreement (Alpha Natural Resources, Inc.), Merger Agreement (Smtek International Inc), Merger Agreement (Cleveland Cliffs Inc)
Extension; Waiver. At Subject to Section 7.0 1(c), at any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Designer Export, Inc), Merger Agreement (SN Strategies Corp.), Merger Agreement (China Executive Education Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent permitted under applicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Vista Outdoor Inc.), Merger Agreement (Revelyst, Inc.), Transaction Agreement (Weyerhaeuser Real Estate Co)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Citation Corp /Al/), Merger Agreement (Unum Corp), Merger Agreement (Provident Companies Inc /De/)
Extension; Waiver. At any time prior to the Expiration DateEffective ----------------- Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.1, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Emusic Com Inc), Merger Agreement (Berkshire Hathaway Inc), Merger Agreement (Emusic Com Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (International Business Machines Corp), Merger Agreement (Johnson & Johnson), Merger Agreement (Gynecare Inc)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties to this Agreement may Parties may: (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreement, any Party; (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or Agreement; and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement or in any document delivered pursuant to this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights, nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Heritage-Crystal Clean, Inc.), Stock Purchase Agreement (Hawkeye Systems, Inc.), Membership Interest Purchase Agreement (Pacific Ethanol, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Inncardio, Inc), Merger Agreement (Global Wide Publication LTD), Merger Agreement (Enhance Biotech Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (General Re Corp), Merger Agreement (Camelot Music Holdings Inc), Merger Agreement (Medpartners Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement Parties may (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party Party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the requirements of applicable Law, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 6 contracts
Samples: Merger Agreement (Kite Realty Group, L.P.), Merger Agreement (Retail Properties of America, Inc.), Merger Agreement (Chesapeake Lodging Trust)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 6 contracts
Samples: Merger Agreement (Time Warner Inc), Merger Agreement (Amphenol Corp /De/), Merger Agreement (NXS I LLC)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Mergers, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Turner Broadcasting System Inc), Agreement and Plan of Merger (Cable Systems Holding LLC), Agreement and Plan of Merger (Time Warner Inc)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties to this Agreement may may: (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreement, any party; (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or Agreement; and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement or in any document delivered pursuant to this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights, nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (TILT Holdings Inc.), Agreement and Plan of Merger (TILT Holdings Inc.), Merger Agreement (Appfolio Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement Parties may (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or Agreement, (c) waive compliance by with any covenants and agreements contained in this Agreement or (d) waive the other party with satisfaction of any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Taubman Centers Inc), Agreement and Plan of Merger (Taubman Centers Inc), Agreement and Plan of Merger (Simon Property Group L P /De/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements covenants or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Merger Agreement (Boise Cascade Corp), Merger Agreement (Homestake Mining Co /De/), Merger Agreement (Homestake Mining Co /De/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.2, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 5 contracts
Samples: Merger Agreement (Fedders Corp /De), Merger Agreement (Eagle Merger Corp), Merger Agreement (Softworks Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.4, waive compliance by the other party with any of the agreements or conditions of the other parties contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Merger Agreement (Egan Charles), Merger Agreement (Change Technology Partners Inc), Agreement and Plan of Merger (Sherrill Stephen)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. No extension or waiver by the Company shall require the approval of the stockholders of the Company. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Merger Agreement (Whirlpool Corp /De/), Merger Agreement (Whirlpool Corp /De/), Merger Agreement (Maytag Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 8.2, waive compliance by the other party with any of the agreements or conditions of the other parties contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 5 contracts
Samples: Merger Agreement (Bertuccis Inc), Merger Agreement (Ne Restaurant Co Inc), Merger Agreement (Holmes Products Corp)
Extension; Waiver. At any time prior to (but not following) the Expiration Date, consummation of the parties to this Agreement Holdings Merger any party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party to any such extension or waiver shall be valid only as against such party and only if set forth in an instrument in writing signed on behalf of by such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Coleman Worldwide Corp), Merger Agreement (CLN Holdings Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (ciii) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Healthequity, Inc.), Merger Agreement (Wageworks, Inc.), Merger Agreement (Medassets Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to Section 8.3, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Best Buy Co Inc), Merger Agreement (Napster Inc), Merger Agreement (Infousa Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (ciii) subject to Section 1.01(c) and the proviso to the first sentence of Section 8.04, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement, Merger Agreement (Hertz Global Holdings Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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 duly executed and delivered by or on behalf of such party. The failure or delay of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Ruby Merger Corp.), Merger Agreement (Ruby Merger Corp.), Merger Agreement (Ruby Merger Corp.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreement, parties; (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (ciii) subject to the proviso of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Mainsource Financial Group), Merger Agreement (Pfbi Capital Trust), Merger Agreement (Indiana United Bancorp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Duty Free International Inc), Merger Agreement (Baa PLC /Fi), Merger Agreement (Duty Free International Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the provision of Section 9.02, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (NuLife Sciences, Inc.), Merger Agreement (NuLife Sciences, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.04, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Morgans Hotel Group Co.), Merger Agreement (MSC Software Corp), Merger Agreement (Globalive Communications Corp.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Equity Office Properties Trust), Merger Agreement (Equity Office Properties Trust), Merger Agreement (Equity Office Properties Trust)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Symantec Corp), Merger Agreement (Quarterdeck Corp), Merger Agreement (Compuware Corporation)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Lamela Luis E), Merger Agreement (Ramsay Youth Services Inc), Merger Agreement (Paul Ramsay Holdings Pty LTD)
Extension; Waiver. At any time prior to the Expiration DateEffective Time of the Merger, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreement, parties; (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (c) subject to the provisions of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Somanta Pharmaceuticals Inc.), Merger Agreement (Access Pharmaceuticals Inc), Merger Agreement (Access Pharmaceuticals Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties Parties may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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 a written instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Terra Industries Inc), Merger Agreement (CF Industries Holdings, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.3, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (National Grid PLC), Merger Agreement (Republic Group Inc), Merger Agreement (Keyspan Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Legend Oil & Gas, Ltd.), Merger Agreement (American Sierra Gold Corp.), Merger Agreement (Whos Your Daddy Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other another party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the two provisos of Section 8.03, waive compliance by the other party with any of the agreements or conditions of another party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Millstream Acquisition Corp), Agreement and Plan of Merger (GRH Holdings, L.L.C.), Merger Agreement (Millstream Acquisition Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective ----------------- Time, the parties to this Agreement a party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto by any other party or (c) subject to Section 7.03, waive compliance by the any other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a any 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Merck & Co Inc), Merger Agreement (Merck & Co Inc), Merger Agreement (Provantage Health Services Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement hereto may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The Any failure of or delay by any party to this Agreement hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Tennant James R), Merger Agreement (Home Products International Inc), Merger Agreement (Championship Auto Racing Teams Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementhereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Prison Realty Trust Inc), Merger Agreement (Regal Cinemas Inc), Merger Agreement (Corrections Corporation of America)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties Parties may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Purchase Agreement (Jersey Partners Inc.), Purchase Agreement (Jersey Partners Inc.), Purchase Agreement (Cme Group Inc.)
Extension; Waiver. At Subject to Section 2.3(c), at any time prior to the Expiration DateEffective Time, the parties Parties may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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 a written instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Terra Industries Inc), Merger Agreement (CF Industries Holdings, Inc.), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties Parties, by action taken or authorized by their respective Boards of Directors, may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty. The failure of any party to this Agreement Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Ssa Global Technologies, Inc), Merger Agreement (Ssa Global Technologies, Inc), Merger Agreement (Magellan Holdings, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this AgreementAgreement to the extent such compliance is waivable in accordance with law. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an any instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 4 contracts
Samples: Merger Agreement (Beazer Homes Usa Inc), Merger Agreement (Crossmann Communities Inc), Merger Agreement (Crossmann Communities Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.1, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Burlington Northern Santa Fe Corp), Merger Agreement (Cavalier Homes Inc), Merger Agreement (Clayton Homes Inc)
Extension; Waiver. At any time prior to the Expiration Datetermination of this Agreement, the parties to this Agreement Company, on the one hand, and the Stockholder, on the other hand, may (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to under this Agreement or (ciii) unless prohibited by applicable Laws, waive compliance by the other party with any of the agreements covenants or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of by such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Voting Agreement (Virgin Mobile USA, Inc.), Voting Agreement (Sk Telecom Co LTD), Voting Agreement (Virgin Mobile USA, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso in Section 9.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Acquisition Agreement (Goodys Family Clothing Inc /Tn), Acquisition Agreement (GMM Capital LLC), Acquisition Agreement (Goodys Family Clothing Inc /Tn)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso to the first sentence of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Netratings Inc), Merger Agreement (Netratings Inc), Merger Agreement (Netratings Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent permitted by applicable Law, subject to Section 9.11, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Icos Corp), Merger Agreement (Lilly Eli & Co), Merger Agreement (Applied Molecular Evolution Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Chartwell Re Holdings Corp), Merger Agreement (Chartwell Re Corp), Merger Agreement (Trenwick Group Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the provision of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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 writing, signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Macdonald James L), Merger Agreement (Photronics Inc), Merger Agreement (Align Rite International Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement each party hereto may (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (bii) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement herein or in any document document, certificate or writing delivered pursuant to this Agreement hereto, or (ciii) waive compliance by the other party parties with any of the agreements or conditions contained in this Agreementherein. 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 partyparty and expressly referring to this Agreement. The failure of any party to this Agreement hereto to assert any of its rights under this Agreement or otherwise hereunder shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (FBR Asset Investment Corp/Va), Merger Agreement (Imperial Credit Commercial Mortgage Investment Corp), Merger Agreement (Friedman Billings Ramsey Group Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.4, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Impac Commercial Holdings Inc), Merger Agreement (Globe Business Resources Inc), Merger Agreement (Amresco Capital Trust)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto by any other party or (c) subject to Section 7.4, waive compliance by the any other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a any 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Talley Manufacturing & Technology Inc), Merger Agreement (Score Acquisition Corp), Agreement and Plan of Merger (Talley Industries Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.04, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Liberty Technologies Inc), Merger Agreement (Liberty Technologies Inc), Merger Agreement (Crane Co /De/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, to the extent permitted by applicable Law, the parties to this Agreement Parties may (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) except as otherwise provided herein, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Nimble Storage Inc), Merger Agreement (Hewlett Packard Enterprise Co)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the proviso to the first sentence of Section 8.4, waive compliance by the other party with any of the agreements of any other party or conditions to its obligations contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Pilgrims Pride Corp), Merger Agreement (Gold Kist Inc.), Merger Agreement (Gold Kist Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.4, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (American General Hospitality Corp), Merger Agreement (Capstar Hotel Co), Merger Agreement (Meristar Hospitality Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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 partyparty (except for deemed waivers provided under Section 6.3(d)). The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Msystems LTD), Merger Agreement (Sandisk Corp), Merger Agreement (M-Systems Flash Disk Pioneers LTD)
Extension; Waiver. At any time prior to the Expiration DateEffective ----------------- Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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 writing, signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Us Office Products Co), Merger Agreement (Buy Com Inc), Merger Agreement (Herbalife International Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the ----------------- parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other parties contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Evergreen Media Corp), Agreement and Plan of Merger (Ginsburg Scott K), Merger Agreement (Ginsburg Scott K)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) the parties may extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) each party may waive any inaccuracies in the representations and warranties of the other another party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) each party may waive compliance by the other party with any of the agreements or conditions of another party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Purchase Agreement (HRPT Properties Trust), Purchase Agreement (Hallwood Realty Partners L P), Purchase Agreement (Hallwood Group Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of SECTION 9.2, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Convergent Holding Corp), Merger Agreement (McGuire Acquisition Inc), Merger Agreement (Convergent Holding Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the proviso to the first sentence of Section 8.4, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Sierra Health Services Inc), Merger Agreement (Crompton Corp), Merger Agreement (Great Lakes Chemical Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.10, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Electronics Boutique Holdings Corp), Agreement and Plan of Merger (Electronics Boutique Holdings Corp), Agreement and Plan of Merger (Electronics Boutique Holdings Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the any other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the any other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.4, waive compliance by the other party with any of the agreements or conditions of any other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Westbrook Real Estate Partners LLC), Merger Agreement (Alter Robert A), Merger Agreement (Sunstone Hotel Investors Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement each party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Transport Holdings Inc), Merger Agreement (Pioneer Financial Services Inc /De), Merger Agreement (Conseco Inc Et Al)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, any ----------------- Party may, to the parties to this Agreement may extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParty, (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (ciii) waive compliance by the other party with any of the agreements Agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall will be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty. The failure of any party to this Agreement Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Apollo Investment Fund Iv Lp), Merger Agreement (Group Maintenance America Corp), Merger Agreement (Group Maintenance America Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, ----------------- the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party parties to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 9.2, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 3 contracts
Samples: Merger Agreement (Legato Systems Inc), Merger Agreement (Otg Software Inc), Merger Agreement (Legato Systems Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso contained in Section 7.03 hereof, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Axys Pharmaceuticals Inc), Merger Agreement (Axys Pharmaceuticals Inc), Merger Agreement (Applera Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the ----------------- parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Berkshire Hathaway Inc /De/), Merger Agreement (Berkshire Hathaway Inc /De/), Merger Agreement (Online System Services Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the provisions of Section 7.3, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Merger Agreement (Answer Think Consulting Group Inc), Merger Agreement (Irvine Horace H Ii), Merger Agreement (Hadco Corp)
Extension; Waiver. At any time prior to the Expiration Closing Date, the parties to this Agreement a party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementhereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein, to the extent permitted by applicable law. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Aes Corporation), Stock Purchase Agreement (Ameren Corp), Stock Purchase Agreement (Aes Corporation)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementor parties, (b) waive any inaccuracies in the representations and warranties of the other party or parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.4, waive compliance by the other party with any of the agreements or conditions of the other party or parties contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (General Growth Properties Inc), Merger Agreement (Price Development Co Lp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the proviso of Section 9.10, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (International Coal Group, Inc.), Merger Agreement (Arch Coal Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties parties, by action taken or authorized by their respective Boards of Directors, may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or and (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Premcor Inc), Merger Agreement (Valero Energy Corp/Tx)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement Parties may (a) extend the time for the performance of any of the obligations or other acts of the other party to this AgreementParties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 9.11, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in an instrument in writing writing, signed on behalf of such partyParty. The failure of any party to this Agreement Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Walt Disney Co/), Merger Agreement (Walt Disney Co/)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties may, subject to this Agreement may Section 8.03(a), (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or Agreement, (c) waive compliance by with any covenants and agreements contained herein or (d) waive the other party with satisfaction of any of the agreements or conditions contained in this Agreementherein. 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 partyParty. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (Empire District Electric Co), Merger Agreement (Algonquin Power & Utilities Corp.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.2, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (Firepond Inc), Merger Agreement (Firepond Inc)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the proviso of Section 8.4, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement each of Chateau and Purchaser may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the provisions of Section 7.4, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Chateau Communities Inc), Merger Agreement (Chateau Communities Inc)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties hereto may, to this Agreement may the extent permitted under applicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Purchase Agreement (Moodys Corp /De/), Purchase Agreement (NRG Energy, Inc.)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent permitted by applicable Law, subject to Section 9.12, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Metro-Goldwyn-Mayer Inc), Merger Agreement (LOC Acquisition CO)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (ai) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (bii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (ciii) subject to Section 1.1(b) and the proviso to the first sentence of Section 8.4, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (Cascade Corp), Merger Agreement (Cascade Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective ----------------- Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the proviso of Section 9.2, waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Shopping Com), Merger Agreement (Compaq Interests Inc)
Extension; Waiver. At Subject to the requirements of ------------------ Section 6.11(b), at any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tj International Inc), Agreement and Plan of Merger (Weyerhaeuser Co)
Extension; Waiver. At any time prior to the Expiration DateMerger Effective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange and Merger (Peco Energy Co), Agreement and Plan of Exchange and Merger (Peco Energy Co)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement Agreements or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the proviso of Section 8.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (Dynamics Corp of America), Agreement and Plan of Merger (CTS Corp)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of made by the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.3 hereof, waive compliance by the other party with any of the agreements or conditions of the other party contained in this Agreement. 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 writing, signed by or on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Cell Therapeutics Inc), Merger Agreement (Cell Therapeutics Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties hereto may, to this Agreement may the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementhereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) subject to the proviso of Section 4.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Corrections Corp of America/Md), Merger Agreement (Corrections Corp of America/Md)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso in the first sentence of Section 9.03, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (Carters Inc), Merger Agreement (Oshkosh B Gosh Inc)
Extension; Waiver. At any time prior to the Expiration Date, ----------------- the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party parties to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other party parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other party parties with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Voting Agreement (Mediaplex Inc), Voting Agreement (Mediaplex Inc)
Extension; Waiver. At any time prior to the Expiration DateEffective Time, the parties to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparties, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.13, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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 writing, signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
Appears in 2 contracts
Samples: Merger Agreement (Amfm Inc), Merger Agreement (Clear Channel Communications Inc)
Extension; Waiver. At any time prior to the Expiration DateClosing, the parties to this Agreement a party may (a) extend the time for the performance of any of the obligations or other acts of the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Sections 8.2, 8.3 and 10.11, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. 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. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Molycorp, Inc.), Securities Purchase Agreement (Molibdenos Y Metales S.A.)
