Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 28 contracts
Samples: Stock Sale Agreement, Share Purchase Agreement, Option Agreement (Pmi Group Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other 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 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 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 16 contracts
Samples: Merger Agreement (Anchor Gaming), Merger Agreement (Venture Catalyst Inc), Merger Agreement (International Game Technology)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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 13 contracts
Samples: Merger Agreement (Eliem Therapeutics, Inc.), Share Exchange Agreement (Vortex Blockchain Technologies Inc.), Merger Agreement (Coley Pharmaceutical Group, Inc.)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties 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 8.04, waive compliance by the other parties 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 12 contracts
Samples: Merger Agreement (Polypore International, Inc.), Merger Agreement (Brookdale Senior Living Inc.), Merger Agreement (Mgi Pharma Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 10 contracts
Samples: Merger Agreement (Blue Moose Media Inc), Merger Agreement (Blue Moose Media Inc), Merger Agreement (Sunlink Health Systems Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 a written instrument in writing signed on behalf of executed and delivered 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 8 contracts
Samples: Stockholder Agreement (Nortel Networks Inc.), Stockholder Agreement (Nortel Networks Inc.), Stockholder Agreement (Pec Solutions Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties either party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 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 8 contracts
Samples: Stock Purchase and Sale Agreement (Nptest Holding Corp), Agreement and Plan of Merger (BPC Holding Corp), Merger Agreement (Headwaters Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 8 contracts
Samples: Merger Agreement (Saifun Semiconductors Ltd.), Merger Agreement (Spansion Inc.), Merger Agreement (Horizon Organic Holding Corp)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties Parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties Parties 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 7 contracts
Samples: Stock Purchase Agreement, Share Purchase and Contribution Agreement, Stock Purchase Agreement (Cheetah Mobile Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 6 contracts
Samples: Purchase Agreement (GPB Holdings II, LP), Purchase and Sale Agreement (Altra Industrial Motion Corp.), Purchase and Sale Agreement (Ashland Global Holdings Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other party or parties, (b) waive any breach or 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) waive compliance by the other 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 6 contracts
Samples: Merger Agreement (GLAUKOS Corp), Merger Agreement (Avedro Inc), Merger Agreement (Clear Channel Outdoor Holdings, Inc.)
Extension; Waiver. At any time prior to the Closing Date, Buyer or the parties Company may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to under this Agreement Agreement, or (c) unless prohibited by applicable Law, waive compliance by the other parties with any of the covenants, 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 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 6 contracts
Samples: Stock Purchase Agreement (Yunhong Green Cti Ltd.), Stock Purchase Agreement (Yunhong Green Cti Ltd.), Stock Purchase Agreement (Yunhong CTI Ltd.)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties another party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Inverness Medical Innovations Inc), Contribution Agreement (Inverness Medical Innovations Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a Party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties Parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of by 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: Merger Agreement (Tti Team Telecom International LTD), Merger Agreement (Tti Team Telecom International LTD), Merger Agreement (Eci Telecom LTD/)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty if requested by the other Party, (b) waive any inaccuracies in the representations and warranties of the other parties any Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties with any of the agreements agreements, covenants or conditions of any Party contained in this Agreement. 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 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 will not constitute a waiver of those rights.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Dupont Fabros Technology, Inc.), Purchase and Sale Agreement (General Electric Capital Corp), Memorandum of Understanding (Blackstone Mortgage Trust, Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties may (ai) extend the time for the performance of any of the obligations or other acts of the other partiesparties to this Agreement, (bii) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document document, certificate or writing delivered pursuant to this Agreement or (ciii) waive compliance by the other parties with any of the agreements or conditions contained in this Agreement. 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 and signed on behalf of such party. The failure of any party Party to this Agreement to assert enforce any of its rights right arising under this Agreement on one or otherwise shall more occasions will not constitute operate as a waiver of those rightsthat or any other right on that or any other occasion.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties may may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by of the other parties 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: Stock Purchase Agreement (Patterson Uti Energy Inc), Stock Purchase Agreement (Roper J Mark), Stock Purchase Agreement (Roper Operations Inc)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the any other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 such rights. Further, no waiver by either party of any term, condition, default, or breach shall constitute or be construed as a waiver of any other term, condition, default, or breach of this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Ruths Chris Steak House, Inc.), Asset Purchase Agreement (Ruths Chris Steak House, Inc.), Asset Purchase Agreement (Ruths Chris Steak House, Inc.)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 wavier of those such rights.
Appears in 4 contracts
Samples: Merger Agreement (Blue Dolphin Energy Co), Merger Agreement (American Resources Offshore Inc), Agreement and Plan of Merger (American Resources Offshore Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 ; provided that 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: Asset Purchase Agreement (Infrasource Services Inc), Asset Purchase Agreement (Infrasource Services Inc), Asset Purchase Agreement (Infrasource Services Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties The Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties with any of the agreements or conditions contained in this AgreementAgreement to be performed by the other Party. 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 partyextending or waiving Party. 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 3 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (A L Industrier As), Stock Purchase Agreement (Alpharma Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 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 rights.
Appears in 3 contracts
Samples: Purchase Agreement (Flatbush Federal Bancorp Inc), Purchase Agreement (New Plan Excel Realty Trust Inc), Purchase Agreement (New Plan Excel Realty Trust Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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 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 3 contracts
Samples: Share Exchange Agreement (Nowtransit Inc), Share Exchange Agreement (Vado Corp.), Share Exchange Agreement (Nowtransit Inc)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other party or parties, (b) waive any breach or 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) waive compliance by the other 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: Purchase Agreement, Purchase Agreement (TerraForm Power, Inc.), Purchase Agreement (TerraForm Power, Inc.)
Extension; Waiver. At any time prior to the Closing DateEffective Time of the Merger, the parties may may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other parties 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 (El Paso Energy Corp/De), Merger Agreement (Crystal Gas Storage Inc), Merger Agreement (El Paso Energy Partners Lp)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may hereto may, to the extent permitted under applicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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: Transaction Agreement, Transaction Agreement (Naspers LTD), Transaction Agreement (MakeMyTrip LTD)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may either Party may: (a) extend the time for the performance of any of the obligations or other acts of the other parties, Party; (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (c) waive compliance by the other parties 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 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 (Connecticut Water Service Inc / Ct), Merger Agreement (Connecticut Water Service Inc / Ct), Merger Agreement (Connecticut Water Service Inc / Ct)
Extension; Waiver. At As pertains to this Agreement, at any time prior the parties may, to the Closing Date, the parties may extent legally allowable: (a) extend the time for the performance of any of the obligations or obligation of the other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other parties 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 partyeach party hereto. 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: Acquisition Agreement (CANNA Corp), Acquisition Agreement (CANNA Corp), Merger Agreement (Clic Technology, Inc.)
Extension; Waiver. At any time prior to the Closing DateAny Party may, the parties may on its own behalf, (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 by or 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: Global Corporate Payments Operating Agreement (Apollo Strategic Growth Capital), Operating Agreement (Apollo Strategic Growth Capital), Consumer Services Operating Agreement (Apollo Strategic Growth Capital)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparties hereto, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document agreements, documents, certificates or other instruments delivered pursuant to this Agreement or hereto and (c) waive compliance by the other parties 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 partyby the party or parties to be bound thereby. The failure of any party to this Agreement to assert any of its rights under this Merger Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 2 contracts
Samples: Merger Agreement (McLeodusa Inc), Merger Agreement (Choice One Communications Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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 (Business Objects S.A.), Merger Agreement (Powerhouse Technologies Group Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties may hereto may, to the extent permitted by Law, (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 2 contracts
Samples: Purchase Agreement (International Paper Co /New/), Purchase Agreement (Weyerhaeuser Co)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may parties, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other parties 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 (GCP Sunshine Acquisition, Inc. A Delaware Corp), Agreement and Plan of Merger (American Land Lease Inc)
Extension; Waiver. At any time prior to the Closing Date, CNHTC or the parties Company may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to under this Agreement Agreement, or (c) unless prohibited by applicable Law, waive compliance by the other parties with any of the covenants, 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 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 2 contracts
Samples: Stock Issuance and Purchase Agreement (Sinotruk (BVI) LTD), Stock Issuance and Purchase Agreement (Uqm Technologies Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties may may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by of the other parties 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: Stock Purchase Agreement (Roper J Mark), Stock Purchase Agreement (Patterson Uti Energy Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 2 contracts
Samples: Merger Agreement (Colony HCR Voteco LLC), Merger Agreement (Harveys Casino Resorts)
Extension; Waiver. At any time prior to the Closing Date, the parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 2 contracts
Samples: Purchase Agreement (International Paper Co /New/), Purchase Agreement (Weyerhaeuser Co)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties Parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties Parties 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 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: Asset Purchase Agreement (Harte Hanks Inc), Asset Purchase Agreement (Enzon Pharmaceuticals Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties a Party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto, and (c) waive compliance by the other parties with any of the agreements or conditions contained in this Agreementherein, to the extent permitted by Law. 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 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 2 contracts
Samples: LLC Membership Interest Purchase Agreement (NRG Energy, Inc.), LLC Membership Interest Purchase Agreement (Reliant Energy Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties The Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or Agreement, (c) waive compliance by with any covenants and agreements in this Agreement or (d) waive the other parties 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 2 contracts
Samples: Stock Purchase Agreement (Tivity Health, Inc.), Stock and Asset Purchase Agreement (Advisory Board Co)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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: Asset Purchase Agreement (Axt Inc), Stock and Asset Purchase Agreement (Mattson Technology Inc)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the provision of Section 8.03, waive compliance by the other 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 (Consol Inc), Merger Agreement (Rochester & Pittsburgh Coal Co)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties 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 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 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 2 contracts
Samples: Merger Agreement (Ebv Electronics Inc), Merger Agreement (Wyle Electronics)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement, (c) waive compliance with any covenants and agreements contained in this Agreement or in any document delivered pursuant to this Agreement or (cd) waive compliance by the other parties with satisfaction of any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party either 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 Party 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: Implementation Agreement (Arch Coal Inc), Implementation Agreement (Peabody Energy Corp)
Extension; Waiver. At any time prior to the Closing Date, the The parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties 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 parties with satisfaction of 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: Share and Asset Purchase Agreement (Home Loan Servicing Solutions, Ltd.), Share and Asset Purchase Agreement (New Residential Investment Corp.)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 2 contracts
Samples: Merger Agreement (Urs Corp /New/), Merger Agreement (Tc Group LLC)
Extension; Waiver. At any time prior to the Closing DateAsset Closing, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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: Asset Purchase Agreement (Sungard Capital Corp Ii), Asset Purchase Agreement (GL Trade Overseas, Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties may may, to the extent legally allowed, mutually (a) extend the time for the performance of any of the obligations or obligation of the other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other parties 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 1 contract
Samples: Exchange of Securities Agreement (Mauna Kea Enterprises Inc)
Extension; Waiver. At any time prior to the Respective Closing Date, the parties Parties may by mutual agreement (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties any Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the requirements of applicable Law, waive compliance by the other parties with any of the agreements agreements, covenants or conditions of any Party contained in this Agreement. 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 instrument in writing signed on behalf of such partyby all Parties. The failure of any party to this Agreement Party to assert any of its rights under this Agreement or otherwise shall will not constitute a waiver of those rights.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Diversified Real Estate Trust, Inc.)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document Agreements, documents, certificates or other instruments delivered pursuant to this Agreement or hereto and (c) waive compliance by the other parties with any of the agreements Agreements or conditions contained in this Merger 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 partyby the party or parties to be bound thereby. The failure of any party to this Agreement to assert any of its rights under this Merger Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 1 contract
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties each Party may (ai) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (bii) waive any inaccuracies in the representations and warranties of the other parties Party 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 parties party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party either 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 either Party to assert any of its rights under this Agreement or otherwise hereunder shall not constitute a waiver of those such rights. 11.
Appears in 1 contract
Samples: Merger Agreement (Breedit Corp.)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 1 contract
Samples: Master Consolidation Agreement (Vornado Realty Trust)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the provisions of Section 8.03 waive compliance by the other 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparties hereto, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
Appears in 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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 1 contract
Samples: Asset Purchase Agreement (Home Interiors & Gifts Inc)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesany Party, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions contained in this AgreementAgreement and no waiver or election shall be inferred from a Party’s conduct. 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 by such partyParty. The failure of any party to this Agreement Party to assert any of its such Party’s rights under this Agreement or otherwise shall not constitute a waiver of those such rights. Any waiver of a breach of any term or condition of this Agreement shall not be, or be deemed to be, a waiver of any subsequent breach.
Appears in 1 contract
Samples: Transaction Agreement (Viatris Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 1 contract
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (ai) extend the time for the performance of any of the obligations or other acts of the other parties, (bii) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (ciii) subject to the provisions of Section 8.4, waive compliance by the other 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, except as otherwise provided in the Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Childrens Comprehensive Services Inc)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties either Party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement herein or in any document document, certificate or writing delivered pursuant to this Agreement hereto or (c) waive compliance by the other parties Party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party any Party to any such extension or waiver shall be valid only if set forth in an instrument 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 hereunder shall not constitute a waiver of those such rights.
Appears in 1 contract
Samples: Share Purchase Agreement (Information Services Group Inc.)
Extension; Waiver. At any time prior to the Closing DateEffective Date of the Share Purchase, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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 1 contract
Samples: Share Purchase Agreement (INTERNATIONAL LEADERS CAPITAL Corp)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties 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 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 1 contract
Extension; Waiver. At any time prior to the Closing DateClosing, the ----------------- parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may either Party may: (a) extend the time for the performance of any of the obligations or other acts of the other parties, Party; (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (c) waive compliance by the other parties 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 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 1 contract
Samples: Agreement and Plan of Merger
Extension; Waiver. At any time prior to the Closing DateClosing, the parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparties hereto, (b) waive any inaccuracies in the representations and warranties of the other parties hereto contained in this Agreement or in any document delivered pursuant to this other Transaction Agreement or (c) waive compliance by the other parties hereto 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 1 contract
Extension; Waiver. At any time prior to the applicable Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 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 rights.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Developers Diversified Realty Corp)
Extension; Waiver. At any time prior to the Closing DateEffective ----------------- Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 1 contract
Samples: Merger Agreement (Eimo Oyj)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties a party may (a) extend the time for the performance of any of the obligations or other acts of the other parties, ; (b) waive any inaccuracies in the representations and or warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (c) waive compliance by the other parties with any of the agreements or conditions contained in this Agreementcondition to Closing that lawfully may be waived. 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 1 contract
Samples: Merger Agreement (Cascade Bancorp)
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 the party or parties entitled to the benefit of such partyobligation, agreement or condition. 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties with any of the covenants, 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 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 rights, provided that such rights are asserted before the deadline set forth in this Agreement for the exercise thereof.
Appears in 1 contract
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) subject to the provisions of Section 8.3, waive compliance by the other parties 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 rightssuch rights and no waiver by any party of one or more terms of this Agreement in one or more instance shall be deemed or construed to be a waiver of the same or any other term of this Agreement on any future occasion.
Appears in 1 contract
Samples: Merger Agreement (Interwave Communications International LTD)
Extension; Waiver. At any time prior to the Loan Closing Date, the parties may (amay(a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 1 contract
Samples: Stock and Mortgage Loan Purchase Agreement (American Home Mortgage Investment Corp)
Extension; Waiver. At any time prior to the Closing Date, the parties either party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing Datetime, the parties each Party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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 by or 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 1 contract
Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 any such rights.
Appears in 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may either party may: (a) extend the time for the performance of any of the obligations or other acts of the other parties, party; (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement; or (c) waive compliance by the other parties 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 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 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement the other Transaction Documents or (c) waive compliance by the other parties with any of the agreements or conditions contained in this AgreementAgreement or the other Transaction Documents. 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 duly executed 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 rightssuch rights or of any other rights arising under this Agreement, at law or in equity.
Appears in 1 contract
Extension; Waiver. At any time prior to the Closing Date, the parties may (a) a party may
11.3.1 extend the time for the performance of any of the obligations or other acts of the other parties, (b) ,
11.3.2 waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) or
11.3.3 subject to Section 4.3, waive compliance by the other parties 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 1 contract
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to Section 7.03, waive compliance by the other 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.
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Extension; Waiver. At any time prior to the Closing Date, the parties each Party may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 to this Agreement Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.
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Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties another party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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.
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Extension; Waiver. At any time prior to the Closing Date, Seller, the parties Company and Purchaser may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 all such partyparties. 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.
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Samples: Equity Purchase Agreement (Select Interior Concepts, Inc.)
Extension; Waiver. At any time prior to the Closing DateClosing, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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.
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Extension; Waiver. At any time prior to the Closing Daterelease from Escrow of documents, the parties may may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or obligation of the other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement hereto or (c) waive compliance by the other parties 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.
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Samples: Share Exchange Agreement (Natco International Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other parties 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. 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.
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Extension; Waiver. At any time prior to the Closing Date, the parties The Parties hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty hereto, (b) waive any inaccuracies in the representations and warranties of the other parties Party contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) subject to the requirements of applicable Law, waive compliance by the other parties 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.
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Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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.
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Extension; Waiver. At any time prior to the Closing DateClosing, the parties may in writing (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 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 rights.
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Samples: Asset Purchase Agreement (Magic Software Enterprises LTD)
Extension; Waiver. At any time prior to the Closing Date, Buyer or the parties Company may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty(ies), (b) waive any inaccuracies in the representations and warranties of the other parties party(ies) contained in this Agreement or in any document delivered pursuant to under this Agreement Agreement, or (c) unless prohibited by applicable Law, waive compliance by the other parties with any of the covenants, 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 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.
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Samples: Stock Issuance and Purchase Agreement (Uqm Technologies Inc)
Extension; Waiver. At any time prior to the Closing Date, the parties either party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (b) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other 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 partywriting. 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.
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Samples: Membership Interest Purchase Agreement (Industrial Enterprises of America, Inc.)
Extension; Waiver. At any time prior to the Closing Date, the parties Parties may (a) extend the time for the performance of any of the obligations or other acts of the other partiesParties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 to this Agreement Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those such rights.
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Extension; Waiver. At any time prior to the Closing DateEffective Time, the parties may Parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (c) waive compliance by the other parties 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.
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Samples: Merger Agreement (NYSE Euronext)
Extension; Waiver. At any time prior to the Closing DateClosing, each of the parties Parties may (a) extend the time for the performance of any of the obligations or of any other acts of the other partiesParty, (b) waive any inaccuracies in the representations and warranties of the any other parties Party contained in this Agreement or in any document delivered pursuant to under this Agreement or (c) subject to applicable Laws, waive compliance by the other parties with any of the agreements covenants or conditions contained in this Agreement. Any agreement on the part of a party any Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of by 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.
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Samples: Transfer and Exchange Agreement (Steel Partners Holdings L.P.)
Extension; Waiver. At any time prior to the Closing DateEffective ----------------- Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance by the other parties 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 any such rights.
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Extension; Waiver. At any time prior to the Closing DateEffective Date of the Merger, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement Agreement, or (c) waive compliance by the other 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.
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