Common use of Extensions; Waivers Clause in Contracts

Extensions; Waivers. (a) The Company may extend the time for the performance of any of the obligations of the Stockholders under this Agreement, and the Stockholders may extend the time for the performance of any of the obligations of the Company under this Agreement; (b) the Company may waive any inaccuracies in the representations and warranties of the Stockholders contained herein or in any document delivered pursuant hereto, and the Stockholders may waive any inaccuracies in the representations and warranties of the Company contained herein or in any document delivered pursuant hereto; and (c) the Company may waive compliance with any of the agreements or conditions for the benefit of the Company contained herein, and the Stockholders may collectively waive compliance with any of the agreements or conditions for the benefit of the Stockholders contained herein. Any such extension or waiver will be valid only if set forth in a writing signed by the party or parties to be bound thereby. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, may be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising because of any prior or subsequent such occurrence. Neither the failure nor any delay on the part of any party to exercise any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of the same or of any other right or remedy.

Appears in 5 contracts

Samples: Voting Agreement (Greenlight Capital LLC), Voting Agreement (BioFuel Energy Corp.), Voting Agreement (BioFuel Energy Corp.)

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