No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. (b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Compucredit Corp), Securities Purchase Agreement (Overseas Filmgroup Inc), Securities Purchase Agreement (United Shipping & Technology Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.
Appears in 8 contracts
Samples: Exchange Agreement (Decrane Aircraft Holdings Inc), Exchange Agreement (Decrane Holdings Co), Senior Preferred Stock Amendment Agreement (Decrane Aircraft Holdings Inc)
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this This Agreement may not be amended or waived ifmodified, but only ifnor may any provision hereof be waived, such amendment or waiver is in writing and is other than by a written instrument signed by all the parties heretoParties.
Appears in 7 contracts
Samples: Stockholders Agreement (Apollo Investment Fund Iv Lp), Stockholders Agreement (Apollo Investment Fund Iv Lp), Stockholders Agreement (Rent a Center Inc)
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) No amendment, modification or supplement to this Agreement shall be enforced against any party hereto unless such amendment, modification or supplement is signed by all of the parties hereto.
(c) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties heretoparty against whom the enforcement of such waiver is sought.
Appears in 5 contracts
Samples: Stockholders' Agreement (Ryerson Holding Corp), Contribution and Voting Agreement (Prides Capital Partners, LLC), Stockholders Agreement (Prides Capital Partners, LLC)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.
Appears in 4 contracts
Samples: Registration Rights Agreement (Terex Corp), Merger Agreement (Terex Corp), Registration Rights Agreement (Terex Corp)
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this . This Agreement may not be amended or waived ifmodified, but only ifnor may any provision hereof be waived, such amendment or waiver is in writing and is other than by a written instrument signed by all the parties hereto.
Appears in 3 contracts
Samples: Shareholder Agreement (Concept Development Partners LLC), Shareholder Agreement (DHW Leasing, L.L.C.), Stock Repurchase Agreement (Granite City Food & Brewery LTD)
No Waivers; Amendments. (a) 5.2.1. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) 5.2.2. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties each party hereto.
Appears in 2 contracts
Samples: Transaction Agreement (Loral Space & Communications LTD), Exchange Agreement (Loral Space & Communications LTD)
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(ba) Any provision of this This Agreement may not be amended or waived ifmodified, but only ifnor may any provision hereof be waived, such amendment or waiver is in writing and is other than by a written instrument signed by all the parties heretoParties.
Appears in 2 contracts
Samples: Stockholders Agreement (Rent a Center Inc De), Stockholders Agreement (Rent a Center Inc De)
No Waivers; Amendments. (a) No failure or delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) No amendment, modification or supplement to this Agreement shall be enforced against any Party unless such amendment, modification or supplement is signed by all of the Parties.
(c) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties heretoParty against whom the enforcement of such waiver is sought.
Appears in 2 contracts
Samples: Stock Purchase Agreement (2020 Energy, LLC), Stock Purchase Agreement (Global Energy Holdings Group, Inc.)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.
Appears in 2 contracts
Samples: Note Amendment Agreement (Nasdaq Stock Market Inc), Securities Purchase Agreement (Nasdaq Stock Market Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the both parties hereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Econophone Inc), Securities Purchase Agreement (Econophone Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the both parties hereto.
Appears in 1 contract
No Waivers; Amendments. (a) 5.4.1. No failure or delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) 5.4.2. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties each party hereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Loral Space & Communications LTD)
No Waivers; Amendments. (a) 6.2.1. No failure or delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) 6.2.2. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties each party hereto.
Appears in 1 contract
Samples: Transaction Agreement (Loral Space & Communications LTD)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties heretoIssuer and Loral.
Appears in 1 contract
Samples: Convertible Debenture Agreement (K&f Industries Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties heretoParties.
Appears in 1 contract
Samples: Purchase and Sale Agreement
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this This Agreement may not be amended or waived ifmodified, but only ifnor may any provision hereof be waived, such amendment or waiver is in writing and is other than by a written instrument signed by all the parties hereto.
Appears in 1 contract
No Waivers; Amendments. (a) 6.7.1. No failure or delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) 6.7.2. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties each party hereto.
Appears in 1 contract
Samples: Exchange Agreement (Loral Space & Communications LTD)
No Waivers; Amendments. (a) No failure or delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed signed, in the case of an amendment, by all parties to this Agreement or, in the parties heretocase of a waiver, by the party against whom the waiver is to be effective.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.
(b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed signed, in the case of an amendment, by all each party to this Agreement or, in the parties heretocase of a waiver, by the party against whom the waiver is to be effective.
Appears in 1 contract
Samples: Purchase Agreement (Salton Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or privilegeremedy. The rights and remedies provided for herein provided shall be are cumulative and are not exclusive of any rights remedies that may be available to any party at law or remedies provided by law.
(b) in equity or otherwise. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties heretoBorrower and the Lender.
Appears in 1 contract
Samples: Loan Agreement (I Link Inc)
No Waivers; Amendments. (a) 4.2.1. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) 4.2.2. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties each party hereto.
Appears in 1 contract
Samples: Transaction Agreement (Loral Space & Communications LTD)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or privilege remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or privilegeremedy. The rights and remedies provided for herein provided shall be are cumulative and are not exclusive of any rights remedies that may be available to any party at law or remedies provided by law.
(b) in equity or otherwise. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all 6 the parties heretoBorrower and the Lender.
Appears in 1 contract
Samples: Loan Agreement (I Link Inc)
No Waivers; Amendments. (a) No failure or delay on the part of by any party in exercising any right, power or privilege privileges hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and or remedies herein provided shall be cumulative and not exclusive of for any rights or remedies provided by law.
(b) . This Agreement may not be amended, modified or supplemented other than by a written instrument signed by each of the parties hereto. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.party against whom the enforcement of such waiver
Appears in 1 contract
Samples: Product Development and Revenue Sharing Agreement (Innovative Gaming Corp of America)