No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. (b) Unless specifically noted to the contrary, any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasers.
Appears in 4 contracts
Samples: Subscription and Securities Purchase Agreement (Next Inc/Tn), Subscription and Securities Purchase Agreement (Axtive Corp), Subscription and Securities Purchase Agreement (Axtive Corp)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersPurchaser.
Appears in 4 contracts
Samples: Exchange Agreement (Speedemissions Inc), Subscription and Securities Purchase Agreement (Speedemissions Inc), Exchange Agreement (Speedemissions Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersPurchaser, or the Purchaser's permitted successors or assigns.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Prosofttraining Com), Rights Agreement (Prosofttraining Com), Securities Purchase Agreement (Prosofttraining Com)
No Waivers; Amendments. (a) No failure or delay on the part of any party Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersMGM.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (MGM Mirage)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersPurchaser.
Appears in 2 contracts
Samples: Purchase Agreement (Autobond Acceptance Corp), Securities Purchase Agreement (International Fuel Technology Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted . The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the contrary, any party at law or in equity or otherwise. Any provision of this Agreement may be amended, supplemented amended or waived after the Closing if, but only if, such amendment, supplement amendment or waiver is in writing and is signed by the Company and the Majority Purchasers.B&T.
Appears in 2 contracts
Samples: Promotional and Customer Services Agreement (Varsitybooks Com Inc), Operating Agreement (Varsitybooks Com Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented amended or waived after the Closing if, but only if, such amendment, supplement amendment or waiver is in writing and is signed by the Company and by the Majority PurchasersPurchaser.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasers.
Appears in 1 contract
Samples: Equity Financing Agreement (American International Petroleum Corp /Nv/)
No Waivers; Amendments. (ai) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise remedy. The remedies provided for herein are cumulative and are not exclusive of any other right, power remedies that may be available to any party at law or remedyin equity or otherwise.
(bii) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, amended supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasersand, other than with respect to amendments pursuant to Section 3(i), Purchaser.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Fiberite Holdings Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented amended or waived after the Closing if, but only if, such amendment, supplement amendment or waiver is in writing and is signed by the Company and the Majority PurchasersInvestor.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasers.Company
Appears in 1 contract
Samples: Securities Purchase Agreement (True Temper Sports Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Purchaser or Majority PurchasersHolders.
Appears in 1 contract
Samples: Subscription and Securities Purchase Agreement (Avitar Inc /De/)
No Waivers; Amendments. (ai) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise remedy. The remedies provided for herein are cumulative and are not exclusive of any other right, power remedies that may be available to any party at law or remedyin equity or otherwise.
(bii) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasersand, other than with respect to amendments pursuant to Section 3(g), Purchaser.
Appears in 1 contract
Samples: Stock Option Agreement (Brand Scaffold Services Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver of thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented amended or waived after the Closing if, but only if, such amendment, supplement amendment or waiver is in writing and is signed by the Company and the Majority PurchasersInvestor.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersHolders.
Appears in 1 contract
Samples: Subscription and Securities Purchase Agreement (Edge Technology Group Inc)
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersXxxx, or Xxxx’x successors or assigns.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any . No provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, unless such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersPurchaser.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
(b) Unless specifically noted to the contrary, any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority PurchasersXxxxxxxxx.
Appears in 1 contract
No Waivers; Amendments. (a) No failure or delay on the part of any party the Company or Sellers in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedyremedy at law or in equity or otherwise.
(b) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented amended or waived after the Closing if, but only if, such amendment, supplement amendment or waiver is in writing and is signed by the Company and the Majority Purchasersparties hereto.
Appears in 1 contract
Samples: Securities Repurchase Agreement (Cooperative Computing Inc /De/)
No Waivers; Amendments. (ai) No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise remedy. The remedies provided for herein are cumulative and are not exclusive of any other right, power remedies that may be available to any party at law or remedyin equity or otherwise.
(bii) Unless specifically noted to the contrary, any Any provision of this Agreement may be amended, supplemented or waived after the Closing if, but only if, such amendment, supplement or waiver is in writing and is signed by the Company and the Majority Purchasersand, other than with respect to amendments pursuant to Section 3(i), Purchaser.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Fiberite Holdings Inc)