Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 79 contracts

Samples: Note Purchase Agreement (Wood River Capital, LLC), Loan Agreement (Hepion Pharmaceuticals, Inc.), Waiver and Amendment Agreement (Aclarion, Inc.)

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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 22 shall permit any waiver of any provision of Section 3(d).

Appears in 9 contracts

Samples: Securities Purchase Agreement (BOQI International Medical, Inc.), Securities Restructuring Agreement (Sundial Growers Inc.), Securities Purchase Agreement (Sundial Growers Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 20 shall permit any waiver of any provision of Section 3(d).

Appears in 6 contracts

Samples: Subordinated Convertible Debenture (Remark Holdings, Inc.), Subordinated Convertible Debenture (Remark Holdings, Inc.), Remark Holdings, Inc.

Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Net Element, Inc.), Amalgamation Agreement (Tidal Royalty Corp.), Amalgamation Agreement

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 23 shall permit any waiver of any provision of Section 3(d).

Appears in 4 contracts

Samples: Security Subscription Agreement (Adagio Medical Holdings, Inc.), Securities Purchase Agreement (NewGenIvf Group LTD), Securities Purchase Agreement (Delcath Systems, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 shall permit any waiver of any provision of Section 3(d).

Appears in 3 contracts

Samples: Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I), Fourth Amendment Agreement (Genius Group LTD)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or of any other right, power power, or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 2 contracts

Samples: Algorhythm Holdings, Inc., Elevai Labs Inc.

Failure or Indulgence Not Waiver. No Except as expressly provided otherwise in this Warrant or in the other Transaction Documents, no failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 2 contracts

Samples: Loan Agreement (Aura Systems Inc), Transaction Documents (Aura Systems Inc)

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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interactive Magic Inc /Nc/)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereofthereof unless a waiver signed by the Holder is set forth in writing, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is privilege except as otherwise set forth in writing and a written instrument signed by an authorized representative of the waiving partyHolder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biovest International Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder Noteholder or the Issuer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Subscription Agreement (Gogoro Inc.)

Failure or Indulgence Not Waiver. No Except as expressly provided otherwise in this Note or in the other Transaction Documents, no failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Transaction Documents (Aura Systems Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder Required Holders in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Us Dataworks Inc

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