Common use of Extension; Waivers Clause in Contracts

Extension; Waivers. At any time prior to the Effective Time, the Parties, by action taken or authorized by their respective boards of directors, 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 hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party. The failure of any Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights.

Appears in 7 contracts

Samples: Merger Agreement (Helios & Matheson Analytics Inc.), Arrangement Agreement (Opko Health, Inc.), Agreement and Plan of Merger (Vbi Vaccines Inc.)

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Extension; Waivers. At any time prior to the Effective Time, the Partiesparties hereto, by action taken or authorized by their respective boards Boards of directorsDirectors (in the case of the Company, acting upon the recommendation of the Special Committee, 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 hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained herein. Any agreement on the part of a Party party hereto to any such extension or waiver shall be valid only if set forth in a written instrument 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 1 contract

Samples: Merger Agreement (PROLOR Biotech, Inc.)

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