Common use of Non-waiver and Expenses Clause in Contracts

Non-waiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice Holder’s rights, powers or remedies, notwithstanding all rights hereunder terminate on the Termination Date. If the Company fails to comply with any provision of this Warrant, the Company shall pay to Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Appears in 7 contracts

Samples: Stock Purchase Warrant (Secured Diversified Investment LTD), Stock Purchase Warrant (Secured Diversified Investment LTD), Stock Purchase Warrant (Secured Diversified Investment LTD)

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Non-waiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice Holder’s rights, powers or remedies, notwithstanding all rights hereunder terminate on the Termination Date. If the Company fails to comply with any provision of this WarrantAgreement, the Company shall pay to Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Appears in 3 contracts

Samples: Conversion and Registration Rights Agreement (Secured Diversified Investment LTD), Conversion and Registration Rights Agreement (Secured Diversified Investment LTD), Conversion and Registration Rights Agreement (Secured Diversified Investment LTD)

Non-waiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice Holder’s 's rights, powers or remedies, notwithstanding all rights hereunder terminate on the Termination Date. If the Company willfully fails to comply with any provision of this Warrant, the Company shall pay to Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees, including those of appellate proceedings, incurred by Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cdex Inc), Warrant Agreement (Americana Publishing Inc), Warrant Agreement (Americana Publishing Inc)

Non-waiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice Holder’s 's rights, powers or remedies, notwithstanding all rights hereunder terminate on the Termination Date. If the Company fails to comply with any provision of this Warrant, the Company shall pay to Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees, including those of appellate proceedings, incurred by Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Appears in 3 contracts

Samples: Stock Purchase Warrant (IDS Solar Technologies, Inc.), Stock Purchase Warrant (Global Casinos Inc), Stock Purchase Warrant (Biomedical Technology Solutions Holdings Inc)

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Non-waiver and Expenses. No course of dealing or any delay or failure to exercise any right fight hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice Holder’s 's rights, powers or remedies, notwithstanding all rights hereunder terminate on the Termination Date. If the Company fails to make, when due, any payments provided for hereunder, or fails to comply with any other provision of this Warrant, the Company shall pay to Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys' fees, including those of appellate proceedings, incurred by Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rightsfights, powers or remedies hereunder.

Appears in 1 contract

Samples: Warrant Agreement (Artra Group Inc)

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