Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Preferred Stock in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other of further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Preferred Stock are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Article XI hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Environmental Tectonics Corp), Preferred Stock Purchase Agreement (Berger Holdings LTD)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any share of Convertible Preferred Stock in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any share of Convertible Preferred Stock are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Article XI VIII hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Altris Software Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any share of Convertible Preferred Stock in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any share of Convertible Preferred Stock are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Article XI hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Vista Information Solutions Inc)
