No Waiver by Purchaser. Purchaser’s failure, at any time or times, to require strict performance by Issuer of any provision of this Agreement or the Certificate of Designations shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance herewith or therewith. Any suspension or waiver by Purchaser of an Early Redemption Event under the Certificate of Designations shall not suspend, waive or affect any other default or Early Redemption Event by Issuer under the Certificate of Designations whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Issuer contained in this Agreement and no Early Redemption Event under the Certificate of Designations shall be deemed to have been suspended or waived by Purchaser unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and directed to Issuer specifying such suspension or waiver.
Appears in 2 contracts
Samples: Preferred Interest Purchase Agreement (NRG Energy, Inc.), Preferred Interest Purchase Agreement (NRG Energy, Inc.)
No Waiver by Purchaser. Purchaser’s failure, at any time or times, to require strict performance by Issuer of any provision of this Agreement or the Certificate of Designations any Note shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance herewith or therewith. Any suspension or waiver by Purchaser of an Early Redemption Event of Default under the Certificate of Designations this Agreement shall not suspend, waive or affect any other default or Early Redemption Event event of default by Issuer under the Certificate of Designations this Agreement or any Note whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Issuer contained in this Agreement or any Note and no Early Redemption Event of Default under the Certificate of Designations this Agreement shall be deemed to have been suspended or waived by Purchaser unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and directed to Issuer specifying such suspension or waiver.
Appears in 2 contracts
Samples: Note Purchase Agreement (NRG Energy, Inc.), Note Purchase Agreement (NRG Energy, Inc.)
No Waiver by Purchaser. Purchaser’s 's failure, at any time or times, to require strict performance by Issuer Company of any provision of this Agreement or and any of the Certificate of Designations other Transaction Documents shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance herewith or therewith. Any suspension or waiver by Purchaser of an Early Redemption Event under the Certificate of Designations shall not suspend, waive or affect any other default or Early Redemption Event breach by Issuer Company under this Agreement and any of the Certificate of Designations other Transaction Documents whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Issuer Company contained in this Agreement or any of the other Transaction Documents and no Early Redemption Event breach by Company under this Agreement and no breach by Company under any of the Certificate of Designations other Transaction Documents shall be deemed to have been suspended or waived by Purchaser Purchaser, unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and directed to Issuer Company specifying such suspension or waiver.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Mastech Corp), Stock Purchase Agreement (Vcampus Corp)
