Common use of Remedies Not Waived Clause in Contracts

Remedies Not Waived. No course of dealing between the Company and any Investor or the holder of any Securities, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 3 contracts

Samples: Securities Purchase Agreement (China Housing & Land Development, Inc.), Securities Purchase Agreement (Parlex Corp), Securities Purchase Agreement (Delphax Technologies Inc)

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Remedies Not Waived. No course of dealing between the Company and any Investor or the holder of any Securities, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall will operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 shall 7.05 will not be construed or applied so as to negate the provisions and intent of any statute which that is otherwise applicable.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mobivity Holdings Corp.), Note Purchase Agreement (Sun BioPharma, Inc.)

Remedies Not Waived. No course of dealing between the Company and any Investor Purchaser or the holder of any SecuritiesPreferred Shares, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 11.6 shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 2 contracts

Samples: Series D Stock Purchase Agreement (Life Time Fitness Inc), Stock Purchase Agreement (Life Time Fitness Inc)

Remedies Not Waived. No course of dealing between the Company and any Investor or the holder of any SecuritiesPreferred Shareholder , and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 13.7 shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Buca Inc /Mn)

Remedies Not Waived. No course of dealing between the Company and or any Investor or the holder of any Securities, the Preferred Stock and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 section shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sparta Foods Inc)

Remedies Not Waived. No course of dealing between the Company and any ------------------- Investor or the holder of any of the Securities, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 section shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Trikon Technologies Inc)

Remedies Not Waived. No course of dealing between the Company Companies and any Investor or the holder of any Securities, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Delphax Technologies Inc)

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Remedies Not Waived. No course of dealing between the Company and or any Investor or the holder of any Securities, the Preferred Stock and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; providedPROVIDED, howeverHOWEVER, that this Section 8.6 section shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Harvest States Cooperatives)

Remedies Not Waived. No course of dealing between the Company and any Investor or the holder of any Securities, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 shall not be construed or applied so as to negate the provisions and intent of any statute which that is otherwise applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Gander Mountain Co)

Remedies Not Waived. No course of dealing between the ------------------- Company and any Investor or the holder of any SecuritiesPreferred Shareholder, and no delay in exercising any right, power or remedy conferred hereby or by any such security or now or hereafter existing at law or in equity or by statute or otherwise, shall operate as a waiver of or otherwise prejudice any such right, power or remedy; provided, however, that this Section 8.6 14.6 shall not be construed or applied so as to negate the provisions and intent of any statute which is otherwise applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Buca Inc /Mn)

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