No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the Purchaser or any holder of Warrants or Warrant Shares would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, and shall be effective only to the extent in such writing specifically set forth.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Atc Healthcare Inc /De/), Purchase Agreement (Atc Healthcare Inc /De/)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the Purchaser or any holder of Warrants or Warrant Shares would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Lenfest H F), Convertible Note and Warrant Purchase Agreement (Environmental Tectonics Corp)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the Purchaser which it or any holder of Warrants or Warrant Shares they would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, and shall be effective only to the extent in such writing specifically set forth.and
Appears in 1 contract
Samples: Note and Equity Purchase Agreement (Aasche Transportation Services Inc)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the Purchaser Purchasers or any holder of Warrants or Warrant Shares Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Rand Logistics, Inc.)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay --------------------------------------------------------- or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies that the Purchaser or any holder of Warrants or Warrant Shares which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing specifically set forthwriting.
Appears in 1 contract
Samples: Intercreditor Agreement (Corsair Communications Inc)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies that the Purchaser or any holder of Warrants or Warrant Shares which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
Samples: Subordinated Loan Agreement (William Blair Mezzanine Capital Fund Iii L P)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the Purchaser or any holder of Warrants or Warrant Shares Underlying Common Stock would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Aspenbio Inc)
No Implied Waivers; Cumulative Remedies. Writing Required. No delay or failure in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of any rights or remedies that the which Purchaser or any holder of Warrants or Warrant Shares Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing, writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
