Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A Preferred Stock 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.

Appears in 6 contracts

Samples: Series a Preferred Stock (Drone Guarder, Inc.), Loan Agreement (White Mountain Titanium Corp), Settlement Agreement (Lithium Exploration Group, Inc.)

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Failure or Indulgence Not Waiver. No failure or delay on the part of a any holder of Series A Preferred Stock 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.

Appears in 6 contracts

Samples: Merger Agreement (Telik Inc), Merger Agreement (Telik Inc), Agreement of Merger and Plan of Reorganization (Eon Communications Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A C Preferred Stock 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.

Appears in 4 contracts

Samples: Preferred Stock Purchase Agreement (Home Solutions of America Inc), Preferred Stock Purchase Agreement (Home Solutions of America Inc), Preferred Stock Purchase Agreement (Home Solutions of America Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A A-1 Convertible Preferred Stock 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.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Titan Energy Worldwide, Inc.), Convertible Preferred Stock Purchase Agreement (Pioneer Power Solutions, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Holder of Series A D Preferred Stock 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.

Appears in 1 contract

Samples: Release and Settlement Agreement

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Holder of Series A I Preferred Stock 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.

Appears in 1 contract

Samples: Settlement Agreement

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A M Preferred Stock 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.

Appears in 1 contract

Samples: Share Exchange Agreement (China Wood, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of a any holder of Series A Convertible Preferred Stock 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.

Appears in 1 contract

Samples: Employment Agreement (Document Security Systems Inc)

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Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A CC Preferred Stock 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 power, or privilege.

Appears in 1 contract

Samples: Securities Issuance and Exchange Agreement (Pressure Biosciences Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A D Preferred Stock 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.

Appears in 1 contract

Samples: Series D Preferred Stock (Authentic Holdings, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A B Preferred Stock 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.

Appears in 1 contract

Samples: Securities Exchange Agreement (Neoprobe Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Series A Preferred Stock 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.

Appears in 1 contract

Samples: Exchange Agreement (ADVANCED MEDICAL ISOTOPE Corp)

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