Remedies Cumulative; Waiver. 8.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirements, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger and Reorganization (Kratos Defense & Security Solutions, Inc.), Agreement and Plan of Merger and Reorganization (On Semiconductor Corp), Agreement and Plan of Merger and Reorganization (On Semiconductor Corp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by applicable Legal Requirements, (i) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the party Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Frank's International N.V.), Agreement and Plan of Merger (Rivulet Media, Inc.), Agreement and Plan of Merger (Bio-Matrix Scientific Group, Inc.)
Remedies Cumulative; Waiver. 8.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable Laws, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 6 contracts
Samples: Tender and Voting Agreement (Bishop Infrastructure III Acquisition Company, Inc.), Tender and Voting Agreement (Bishop Infrastructure III Acquisition Company, Inc.), Tender and Voting Agreement (Bishop Infrastructure III Acquisition Company, Inc.)
Remedies Cumulative; Waiver. 8.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable Legal Requirements, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 4 contracts
Samples: Tender and Voting Agreement (TCV Iv Lp), Tender and Voting Agreement (Intersil Corp/De), Tender and Voting Agreement (California Micro Devices Corp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable law, (i) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the party Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Beacon Enterprise Solutions Group Inc), Agreement and Plan of Merger (Beacon Enterprise Solutions Group Inc), Agreement and Plan of Merger (SyntheMed, Inc.)
Remedies Cumulative; Waiver. 8.2(a9.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable law, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Intersil Corp/De), Agreement and Plan of Merger (California Micro Devices Corp), Agreement and Plan of Merger (On Semiconductor Corp)
Remedies Cumulative; Waiver. 8.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither Except as provided in the final sentence of Section 7.6(c), neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable law, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bandag Inc), Agreement and Plan of Merger (Bandag Inc)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by Legal Requirements, applicable Law (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Heritage Commerce Corp), Agreement and Plan of Merger and Reorganization (Heritage Commerce Corp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties Merger Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party Merger Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable law, (i) no waiver that may be given by a party Merger Party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party Merger Party will be deemed to be a waiver of any obligation of that party Merger Party or of the right of the party Merger Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (TorreyPines Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Raptor Pharmaceuticals Corp.)
Remedies Cumulative; Waiver. 8.2(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable Legal Requirements, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Tender and Voting Agreement (On Semiconductor Corp), Tender and Voting Agreement (On Semiconductor Corp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by Legal Requirements, Applicable Law: (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Guaranty Bancorp), Agreement and Plan of Reorganization (Guaranty Bancorp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable Law, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger ('Mktg, Inc.'), Agreement and Plan of Merger (Henry Bros. Electronics, Inc.)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by Legal Requirements, applicable 77 Law (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Heritage Commerce Corp)
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirementsapplicable Law, (i) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the party Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 1 contract
Remedies Cumulative; Waiver. 8.2(a(a) The Except for the limitation upon remedies set forth in Section 7.3(b) of this Agreement, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by Legal Requirements, applicable Law (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 1 contract
Remedies Cumulative; Waiver. 8.2(a(a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by Legal Requirements, applicable Law (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; given and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Appears in 1 contract
Samples: Solicitation and Non Disclosure Agreement (Heritage Commerce Corp)
