No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 742 contracts
Samples: Merger Agreement (Princeton Bancorp, Inc.), Voting and Support Agreement (Nano Dimension Ltd.), Voting and Support Agreement (Markforged Holding Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 74 contracts
Samples: Voting Agreement (Aytu Bioscience, Inc), Securities Purchase Agreement (Baxano Surgical, Inc.), Voting Agreement (Cicero Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 54 contracts
Samples: Merger Agreement (WestRock Co), Voting Agreement (HFF, Inc.), Merger Agreement (Rofin Sinar Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 47 contracts
Samples: Voting Agreement and Proxy (Creatd, Inc.), Merger Agreement (YADKIN FINANCIAL Corp), Merger Agreement (FNB Corp/Fl/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 38 contracts
Samples: Voting Agreement (SHF Holdings, Inc.), Voting Agreement (SHF Holdings, Inc.), Lock Up Agreement (Seaspan CORP)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 37 contracts
Samples: Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.), Merger Agreement (Community Bank System, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Securities Purchase Agreement (Proteon Therapeutics Inc), Voting Agreement (Proteon Therapeutics Inc), Voting Agreement (Proteon Therapeutics Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Voting and Support Agreement (Paratek Pharmaceuticals, Inc.), Voting and Support Agreement (Mullen Automotive Inc.), Voting Agreement (Net Element, Inc.)
No Waiver. The failure of any party hereto to exercise any rightrights, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 32 contracts
Samples: Stockholder Agreement (Ifs Ab), Stockholder Option Agreement (Dep Corp), Stockholder Agreement (Quarterdeck Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 31 contracts
Samples: Voting Agreement (WPH Schuler LLC), Voting Agreement (Ista Pharmaceuticals Inc), Shareholder Agreement (TRW Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Voting Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 28 contracts
Samples: Merger Agreement (NeoStem, Inc.), Lock Up and Voting Agreement (NeoStem, Inc.), Lock Up and Voting Agreement (RimAsia Capital Partners, L.P.)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its obligations hereunder, and or the existence of any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 26 contracts
Samples: Merger Agreement (North American Galvanizing & Coatings Inc), Stockholders Agreement (Azz Inc), Merger Agreement (Berkshire Hathaway Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 16 contracts
Samples: Tender and Support Agreement (EndoChoice Holdings, Inc.), Support Agreement (Ocata Therapeutics, Inc.), Tender and Support Agreement (Oplink Communications Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereof, of this Agreement shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 15 contracts
Samples: Stock Tender and Voting Agreement (Main Street Acquisition CORP), Voting Agreement (Smith & Wesson Holding Corp), Stock Tender and Voting Agreement (Main Street Restaurant Group, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Merger Agreement (FNCB Bancorp, Inc.), Merger Agreement (LINKBANCORP, Inc.), Merger Agreement (Partners Bancorp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a 7 waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Voting Agreement (Intel Corp), Voting Agreement (Intel Corp), Voting Agreement (Intel Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Stockholder Agreement (Hawaiian Natural Water Co Inc), Merger Agreement (Epitope Inc/Or/), Merger Agreement (Premiere Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 12 contracts
Samples: Merger Agreement (Eagle Bancorp Montana, Inc.), Merger Agreement (Eagle Bancorp Montana, Inc.), Merger Agreement (Eagle Bancorp Montana, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 12 contracts
Samples: Preferred Stock Redemption Agreement, Preferred Stock Redemption Agreement (Dynegy Holdings Inc), Shareholder Agreement (Dynegy Holdings Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 12 contracts
Samples: Stockholder Agreement (Marriott International Inc /Md/), Shareholder Agreement (Eimo Oyj), Stockholder Agreement (Execustay Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Amendment Agreement (AMERI Holdings, Inc.), Exchange Agreement (ATRM Holdings, Inc.), Series B Preferred Stock Dividend Agreement (Lone Star Value Management LLC)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Registration Rights Agreement (Pogo Producing Co), Merger Agreement (Radian Group Inc), Merger Agreement (Abc Rail Products Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Voting Agreement (Computer Network Technology Corp), Voting Agreement (McData Corp), Voting Agreement (Hector Communications Corp)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this agreement, and any custom or practice of the parties at variance with the terms hereofof this agreement, shall not constitute a waiver by such that party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Change in Control Agreement (Cascade Bancorp), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its respective obligations hereunder, and or the existence of any custom or practice of the parties hereto at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Stockholder Agreement, Agreement and Plan of Merger (Teledyne Technologies Inc), Merger Agreement (Bolt Technology Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co), Stockholders Voting Agreement (Solvay S a /Adr/)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Merger Agreement (Sunstone Hotel Investors Inc), Merger Agreement (Westbrook Real Estate Partners LLC), Merger Agreement (NDC Automation Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Stockholders Agreement (Wearnes Technology Pte LTD), Stockholders' Agreement (Seabulk International Inc), Stockholders' Voting Agreement (Jenny Craig Inc/De)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Global Eagle Entertainment Inc.), Limited Liability Company Agreement (Global Eagle Entertainment Inc.), Brand and Trade Name License Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 8 contracts
Samples: Voting Agreement (E Piphany Inc), Voting Agreement (Elevon Inc), Voting Agreement (Ssa Global Technologies, Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 8 contracts
Samples: Master Debt Restructuring Agreement, Independent Contractor Agreement, Piggyback Registration Rights Agreement (Integra Lifesciences Holdings Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Leap Therapeutics, Inc.), Voting Agreement (Leap Therapeutics, Inc.), Voting Agreement (HealthCare Ventures IX, L.P.)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof thereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Shareholder Agreement (PMT Services Inc /Tn/), Shareholder Agreement (Nova Corp \Ga\), Shareholder Agreement (Nova Corp \Ga\)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliancecompliance nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof.
Appears in 7 contracts
Samples: Rollover Agreement (Chindex International Inc), Support Agreement (Chindex International Inc), Support Agreement (Chindex International Inc)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Meridian Waste Solutions, Inc.), Merger Agreement (Schein Henry Inc), Indemnity Agreement (Startt Acquisition Inc & Startt Acquisition LLC)
No Waiver. The failure of any party hereto to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Support Agreement (Trizec Properties Inc), Support Agreement (Trizec Canada Inc), Support Agreement (Solitario Exploration & Royalty Corp.)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Shareholder Agreements, Shareholder Agreement (Mack Cali Realty L P), Preferred Equity Investment Agreement (Mack Cali Realty L P)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or the Proxy or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or thereunder, and any custom or practice of the parties at variance with the terms hereofhereof or thereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Stockholders Agreement (Carson Inc), Stock Purchase Agreement (Playcore Inc), Securities Agreement (Bell Sports Corp)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Exchange Offer Support Agreement (Finance of America Companies Inc.), Exchange Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Regent Communications Inc), Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Trump Atlantic City Funding Iii Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Settlement Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Settlement Agreement (Tousa Inc), Settlement Agreement (Tousa Inc), Settlement Agreement (Tousa Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Stockholder Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Stockholder Agreement (Leapnet Inc), Stockholder Agreement (SPR Inc), Stockholder Agreement (SPR Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement, Merger Agreement (Kapstone Paper & Packaging Corp), Voting Agreement (Kapstone Paper & Packaging Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Securities Purchase Agreement (PDL Biopharma, Inc.), Voting Agreement (Keryx Biopharmaceuticals Inc), Voting Agreement (Keryx Biopharmaceuticals Inc)
No Waiver. The failure of any party hereto either Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Intellectual Property Assignment and License Agreement, Intellectual Property Assignment and License Agreement (Conocophillips), Intellectual Property Assignment and License Agreement (Phillips 66)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Separation and Mutual Release Agreement (Organovo Holdings, Inc.), Release Agreement (Organovo Holdings, Inc.), Contribution Agreement (Regency Energy Partners LP)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Restructuring Agreement (Egain Communications Corp), Exercise and Conversion Agreement (Tidel Technologies Inc), Exercise and Conversion Agreement (Tidel Technologies Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Rehabilitation Exit Support Agreement, Preferred Stock Repurchase and Support Agreement (Ambac Financial Group Inc), Rehabilitation Exit Support Agreement (Ambac Financial Group Inc)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Shareholders Agreement (Cuc International Inc /De/), Stock Option and Right of First Refusal Agreement (Brant Benjamin J), Shareholder Agreement (Cuc International Inc /De/)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Restructuring Agreement (Teletouch Communications Inc), Stockholders Agreement (Royal Ahold), Stockholders Agreement (Pure Resources Ii Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Debt Restructuring Agreement (I Link Inc), Standstill and Voting Agreement (Goelet LLC), Standstill and Voting Agreement (Pogo Producing Co)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereundersuch party’s obligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Rocket Pharmaceuticals, Inc.), Voting Agreement (Renovacor, Inc.), Voting Agreement (Rocket Pharmaceuticals, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Vertical Communications, Inc.), Voting Agreement (Vodavi Technology Inc), Voting Agreement (Vodavi Technology Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Corporate Opportunity Agreement, Shareholder Agreement (Dynegy Inc /Il/), Shareholder Agreement (Dynegy Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.its
Appears in 3 contracts
Samples: Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Merger Agreement (Lam Research Corp), Merger Agreement (Lam Research Corp), Voting Agreement (Razorfish Inc)
No Waiver. The failure of any party hereto to exercise enforce any right, power right or remedy provided under this Agreement or otherwise available in respect hereof at law or in equityhereunder, or to insist upon compliance by promptly enforce any other party hereto with its obligations hereundersuch right or remedy, and shall not be deemed to be a waiver thereof nor give rise to any custom or practice estoppel against such party, nor excuse any of the parties at variance with the terms hereof, shall not constitute a from their obligations hereunder. Any waiver by of such party of its right to exercise any such or other right, power or remedy or must be in writing and signed by the party to demand such compliancebe bound. This Agreement is subject to enforcement at law and/or equity, including actions for damages and/or specific performance.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.), Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.), Environmental Indemnity Agreement (Inland Real Estate Income Trust, Inc.)
No Waiver. The failure of any either party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its their obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its their right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Cimnet Inc/Pa), Merger Agreement (Cimnet Inc/Pa), Voting Agreement (Biw LTD)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by of such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Merger Agreement (Instron Corp), Merger Agreement (Kirtland Capital Partners Iii L P), Merger Agreement (Instron Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Avp Inc), Voting Agreement (Avp Inc), Voting Agreement (Kc Holding Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Trust Voting Agreement (Manville Personal Injury Settlement Trust), Stockholder Agreement (Johns Manville Corp /New/), Voting Agreement (Johns Manville Corp /New/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof hereto at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders' Agreement (Opta Food Ingredients Inc /De), Stockholders' Agreement (Stake Technology LTD), Stockholders' Agreement (Burns International Services Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other rightrights, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders Agreement (Consol Inc), Stockholders Agreement (Searle Urling I), Stockholders Agreement (Rochester & Pittsburgh Coal Co)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholder Lock Up Agreement (Thermogenesis Corp), Voting Agreement (Wilshire Enterprises Inc), Voting Agreement (Jekogian Iii Nickolas W)
No Waiver. The failure of any party hereto to exercise any ---------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholder's Agreement (Agfa Corp), Asset Purchase Agreement (Sybron Chemicals Inc), Stockholders' Agreement (Agfa Corp)
No Waiver. The failure of any party hereto Party to exercise any right, power power, or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Transaction Support Agreement (Summit Midstream Partners, LP), Credit Agreement (CAESARS ENTERTAINMENT Corp), Mutual Release (MedMen Enterprises, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Merger Agreement (Seacoast Banking Corp of Florida), Merger Agreement (Community Bank System, Inc.), Merger Agreement (Merchants Bancshares Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Morgan Stanley), Voting Agreement (Morgan Stanley), Parent Stockholder Voting Agreement (Barr Laboratories Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. 128 i.
Appears in 3 contracts
Samples: Merger Agreement (Alter Robert A), Merger Agreement (Westbrook Real Estate Partners LLC), Merger Agreement (Sunstone Hotel Investors Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.a
Appears in 2 contracts
Samples: Registration Rights Agreement (Lamar Advertising Co/New), Registration Rights Agreement (Amfm Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Network Membership License Agreement (Triton PCS Inc), Network Membership License Agreement (Telecorp PCS Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Liberty Media Corp /De/), Merger Agreement (Malone John C)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Agree- ment or otherwise available in respect hereof at law or in equityeq- uity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute con- stitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliancecompli- ance.
Appears in 2 contracts
Samples: Shareholders Agreement (Baby Superstore Inc), Voting, Support and Indemnification Agreement (Safeco Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement (Black Hills Corp /Sd/)
No Waiver. The failure of any party hereto to exercise --------- any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Northrop Grumman Corp), Stockholders Agreement (Securitas Ab)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Voting Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Tidel Technologies Inc), Voting Agreement (Tidel Technologies Inc)
No Waiver. The failure of any party hereto here to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Employment Agreement (Whispering Oaks International Inc), Employment Agreement (Whispering Oaks International Inc)
No Waiver. The failure of any party hereto to exercise --------- any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Lerdal Mark D), Voting Agreement (Lerdal Mark D)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Executive Employment Agreement (LTX-Credence Corp), Executive Employment Agreement (LTX-Credence Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Pioneer Electronic Corp), Amendment Number 1 to the Amended and Restated Agreement and Plan of Merger (White River Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Shareholder Agreement (Em Laboratories Inc), Shareholder Agreement (VWR Scientific Products Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or thereunder, and any custom or practice of the parties at variance with the terms hereofhereof or thereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Shareholder Agreement (Fitzpatrick Daniel B), Purchase, Waiver and Consent Agreement (Playcore Inc)
No Waiver. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Applicable Law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Refinancing Support Agreement (Alion Science & Technology Corp), Refinancing Support Agreement (Alion Science & Technology Corp)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Gateway 2000 Inc), Stockholders Agreement (Advanced Logic Research Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its such Party’s obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its such Party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stock Purchase Agreement (GTCR Valor Merger Sub, Inc.), Stock Purchase Agreement (JMI Equity Fund VI LP)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Zillow Inc), Voting Agreement (Trulia, Inc.)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Ansan Pharmaceuticals Inc), Voting Agreement (Ansan Pharmaceuticals Inc)
No Waiver. The failure of any party hereto to --------- exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Merger Agreement (Toys R Us Inc), Shareholders Agreement (Toys R Us Inc)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Amcon Distributing Co), Shareholder Agreement (Dynamic Healthcare Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Tender and Support Agreement (Icahn Carl C), Tender and Support Agreement (Icahn Carl C)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand xx- xxxx such compliance.
Appears in 2 contracts
Samples: Support Agreement (Jp Foodservice Inc), Support Agreement (Jp Foodservice Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by any such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Comforce Corp), Stockholders Agreement (Uniforce Services Inc)
No Waiver. The failure of any party hereto to exercise enforce any right, power right or remedy provided under this Agreement or otherwise available in respect hereof at law or in equityhereunder, or to insist upon compliance by promptly enforce any other party hereto with its obligations hereunder, and any custom such right or practice of the parties at variance with the terms hereofremedy, shall not constitute a waiver by thereof nor give rise to any estoppel against such party party, nor excuse any of its the parties from their obligations hereunder. Any waiver of such right to exercise any such or other right, power or remedy or must be in writing and signed by the party to demand such compliancebe bound. This Agreement is subject to enforcement at law and/or equity, including actions for damages and/or specific performance.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement, Loan Agreement (Coolbrands International Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Waiver or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy remedy, or to demand such compliance.
Appears in 2 contracts
Samples: Waiver Agreement (OneWater Marine Inc.), Waiver Agreement (OneWater Marine Inc.)
