Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 239 contracts
Samples: Stock Option Agreement (Bb&t Corp), Reorganization and Merger Agreement (Cecil Bancorp Inc), Merger Agreement (Bryan Bancorp of Georgia Inc)
Waiver and Amendment. Any provision of this Agreement may be -------------------- waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 10 contracts
Samples: Stock Option Agreement (Corestates Financial Corp), Stock Option Agreement (Roslyn Bancorp Inc), Agreement and Plan of Reorganization (Measurex Corp /De/)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, but such waiver shall only be effective if in writing and signed by the party entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 8 contracts
Samples: Stock Purchase Option (Firstmerit Bank Na), Stock Purchase Option (Security First Corp), Stock Purchase Option (Firstmerit Corp)
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoparties.
Appears in 8 contracts
Samples: Note Purchase Agreement (Enerpulse Technologies, Inc.), Security Agreement (World Moto, Inc.), Security Agreement (World Moto, Inc.)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of any provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Core Laboratories N V), Merger Agreement (Owen H Dean Jr), Merger Agreement (Core Laboratories N V)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionprovision if such waiver is in writing. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 7 contracts
Samples: Stock Option Agreement (Cenit Bancorp Inc), Stock Option Agreement (Matrix Bancorp Inc), Stock Option Agreement (NBC Capital Corp)
Waiver and Amendment. Any provision of this Contribution Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof. This Contribution Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by the parties each party hereto.
Appears in 6 contracts
Samples: Contribution Agreement (Bonanza Creek Energy, Inc.), Contribution Agreement (Alliance Holdings GP, L.P.), Contribution Agreement (Hiland Holdings GP, LP)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This thereof, and this Agreement may not be modified, amended, altered amended or supplemented except upon at any time by the execution and delivery written consent of a written agreement executed by the parties hereto.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Jl Halsey Corp), Stock Purchase Agreement (Ergo Science Corp /De/), Stock Purchase Agreement (Crow Harlan R)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.,
Appears in 6 contracts
Samples: Company Voting Agreement (Instinet Group Inc), Company Voting Agreement (Instinet Group Inc), Parent Voting Agreement (Instinet Group Inc)
Waiver and Amendment. Any provision of this Agreement may be waived -------------------- at any time by the party that which is entitled to the benefits of such provision. This thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the parties heretoparty sought to be bound thereby.
Appears in 6 contracts
Samples: Stock Option and Tender Agreement (Thorne Oakleigh B Et Al), Stock Option and Tender Agreement (Commerce Clearing House Inc), Stock Option and Tender Agreement (Thorne Daniel K)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of such provision. This thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the parties heretoparty sought to be bound thereby.
Appears in 5 contracts
Samples: Stock Option and Tender Agreement (Wolters Kluwer Us Corp), Stock Option and Tender Agreement (Wolters Kluwer Us Corp), Stock Option and Tender Agreement (Wolters Kluwer Us Corp)
Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 5 contracts
Samples: Stock Option Agreement (First Bancorp /Nc/), Stock Option Agreement (First Bancorp /Nc/), Stock Option Agreement (First Savings Bancorp Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that which is or whose stockholders are, entitled to the benefits of such provision. This thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the party or parties heretonecessary thereto.
Appears in 5 contracts
Samples: Merger Agreement (Aviation Industries Corp), Merger Agreement (Surety Holdings Corp), Merger Agreement (Aviation Industries Corp)
Waiver and Amendment. Any term or provision of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and any term or provision of such provision. This this Agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of at any time by a written agreement executed writing signed by the parties heretoparties.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Horizon Health Corp /De/), Member Interests Purchase Agreement (Horizon Health Corp /De/), Stock Purchase Agreement (Horizon Health Corp /De/)
Waiver and Amendment. Any This Agreement may be amended, or any provision of this Agreement may be waived at waived; provided that any time such amendment or waiver shall be binding upon any Party only if set forth in a writing executed by the party that is entitled such Party and referring specifically to the benefits provision alleged to have been amended or waived. No course of such provision. This dealing between the Parties shall be deemed effective to modify, amend or discharge any part of this Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery any rights or obligations of a written agreement executed any person under or by the parties heretoreason of this Agreement.
Appears in 4 contracts
Samples: Lease Agreement (Johnson Polymer Inc), Real Estate and Equipment Lease Agreement (Johnson Polymer Inc), Lease Agreement (Johnson Polymer Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at -------------------- any time by the party that is entitled to the benefits of such provision. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 4 contracts
Samples: Option Agreement (America First Financial Fund 1987-a Limited Partnership), Option Agreement (Bay View Capital Corp), Option Agreement (Bay View Capital Corp)
Waiver and Amendment. Any provision of this Agreement may be waived only in writing at any time by the party Party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each Party hereto. The waiver by any Party hereto of any breach of a written agreement executed by the parties heretoprovision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Transgenomic Inc), Asset Purchase Agreement (Clinical Data Inc), Asset Purchase Agreement (Clinical Data Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by the parties each party hereto.
Appears in 4 contracts
Samples: Contribution Agreement (Western Refining, Inc.), Contribution Agreement (Western Refining, Inc.), Contribution Agreement (Western Refining, Inc.)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery The waiver by any party of a written breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. The parties may, by mutual agreement executed by the parties heretoin writing, amend this Agreement in any respect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cais Internet Inc), Merger Agreement (Xoom Inc), Merger Agreement (Burke Industries Inc /Ca/)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled en- titled to the benefits of such provision. This Agreement Option Agree- ment may not be modified, amended, altered or supplemented except ex- cept upon the execution and delivery of a written agreement executed ex- ecuted by the parties hereto.
Appears in 4 contracts
Samples: Stock Option Agreement (Mercantile Bancorporation Inc), Stock Option Agreement (Mark Twain Bancshares Inc/Mo), Stock Option Agreement (Roosevelt Financial Group Inc)
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties hereto.
Appears in 4 contracts
Samples: Convertible Promissory Note Purchase Agreement (Calidi Biotherapeutics, Inc.), Credit Facility Agreement (Flux Power Holdings, Inc.), Credit Facility Agreement (Flux Power Holdings, Inc.)
Waiver and Amendment. Any provision of the provisions of this Agreement may be waived in writing at any time, by the party or parties which is or are entitled to the benefit of such provision. Any of the provisions of this Agreement may be amended at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties heretoof all parties.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Shoneys Inc), Asset Sale and Purchase Agreement (Shoneys Inc), Stock Purchase Agreement (Shoneys Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto. Any waiver shall be effective only in the specific instance and for the specific purpose for which given and shall not constitute a waiver to any subsequent or other exercise of any right, remedy, power or privilege hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Agreement and Plan of Reorganization (RMR Real Estate Income Fund)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, any such waiver to be evidenced in writing. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by all of the parties hereto.
Appears in 3 contracts
Samples: Merger Agreement (Usa Broadband Inc), Voting Agreement (Evtc Inc), Voting Agreement (Clark Dick Productions Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, but only by delivery of a written instrument executed by such party. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 3 contracts
Samples: Stock Option Agreement (First Palm Beach Bancorp Inc), Stock Option Agreement (Commercial Federal Corp), Stock Option Agreement (First Colorado Bancorp Inc)
Waiver and Amendment. Any provision of this Option -------------------- Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 3 contracts
Samples: Stock Option Agreement (Mercantile Bancorporation Inc), Stock Option Agreement (Homecorp Inc), Stock Option Agreement (Mercantile Bancorporation Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of benefit thereof by a written agreement instrument duly executed by such party. No amendment of any provision of this Agreement shall be valid unless it shall be in writing and signed by the parties heretoPurchaser and Seller.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Adams Respiratory Therapeutics, Inc.), Asset Purchase Agreement (Adams Laboratories, Inc.), Asset Purchase Agreement (Adams Respiratory Therapeutics, Inc.)
Waiver and Amendment. Any provision of the provisions of this Agreement may be waived in writing at any time by the party that or parties which is or are entitled to the benefits benefit of such provision. This Any of the provisions of this Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a amended at any time by written agreement executed by of all the parties hereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Brooke Corp), Stock Purchase Agreement (First American Capital Corp /Ks)
Waiver and Amendment. Any provision of this Agreement may be waived at -------------------- any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (Richmond County Financial Corp), Stock Option Agreement (Richmond County Financial Corp)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled en- titled to the benefits of such provision. This Agreement Option Agree- ment may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (Cardinal Health Inc), Stock Option Agreement (Mercantile Bancorporation Inc)
Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (Meritor Automotive Inc), Stock Option Agreement (Meritor Automotive Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits of such provision. This thereof, and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of a by written agreement instructions duly executed by the parties heretohereto at any time, except statutory requirements and requisite approvals of regulatory authorities.
Appears in 2 contracts
Samples: Agreement and Plan of Share Exchange (Cardinal Financial Corp), Agreement and Plan of Reorganization (Independent Community Bankshares Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of such provision. This benefit thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of at any time only by a written agreement instrument executed by the parties heretoparty to be charged.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Bolt Technology Corp), Stock Purchase Agreement (TBM Holdings Inc)
Waiver and Amendment. Any provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (Egl Inc), Stock Option Agreement (Circle International Group Inc /De/)
Waiver and Amendment. Any No provision of this Agreement may shall be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modifieddeemed waived, amended, altered or supplemented except upon the execution modified by either Party, unless such waiver, amendment or modification is in writing and delivery of a written agreement executed signed by the parties heretoParty against whom enforcement is sought. The rights and liabilities of this Agreement shall succeed to and inure to the benefit of any and all successors and assigns of either Party.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Waiver and Amendment. Any provision of this Agreement may be waived at any -------------------- time by the party that is entitled to the benefits of such provision, but such waiver shall only be effective if in writing and signed by the party entitled to the benefits of such provision. This Agreement may not be modified, amended, altered except by an instrument in writing signed on behalf of each of the parties. The failure of any party to this Agreement to assert any of its rights under this Agreement or supplemented except upon the execution and delivery otherwise shall not constitute a waiver of a written agreement executed by the parties heretosuch rights.
Appears in 2 contracts
Samples: Stock Option Agreement (Mylan Laboratories Inc), Stock Option Agreement (Penederm Inc)
Waiver and Amendment. Any provision of this Agreement may be waived only in writing at any time by the party Party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each Party. The waiver by any Party of any breach of a written agreement executed by the parties heretoprovision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Transgenomic Inc), Purchase Agreement (Westmoreland Coal Co)
Waiver and Amendment. Any provision of this oft his Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (German American Bancorp), Stock Option Agreement (First Bancorp /In/)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered altered, or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Stock Option Agreement (Bankers First Corp), Stock Option Agreement (Regions Financial Corp)
Waiver and Amendment. Any provision of this Agreement may be waived at any time time, in writing, by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 2 contracts
Samples: Loan Option Agreement (Fog Cutter Capital Group Inc), Property Option Agreement (Fog Cutter Capital Group Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party Party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by the parties heretoeach Party.
Appears in 2 contracts
Samples: Contribution, Assignment and Assumption Agreement (Philadelphia Energy Solutions Inc.), Contribution, Assignment and Assumption Agreement (Philadelphia Energy Solutions Inc.)
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party Party that is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionParty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoParties.
Appears in 2 contracts
Samples: Lien Termination Agreement (American Petro-Hunter Inc), Royalty Termination Agreement (American Petro-Hunter Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that is entitled to the benefits of thereof, but only in a writing signed by such provisionparty. This Agreement agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of a at any time, but only by written agreement executed by the parties heretoof Buyer and Seller.
Appears in 2 contracts
Samples: Purchase Agreement (WP Windstar Investments LTD), Purchase Agreement (Arch Capital Group Ltd.)
Waiver and Amendment. Any provision of this Agreement agreement may be waived at any time by the party that is entitled to the benefits of such provision, but no such waiver shall be effective unless it is contained in a written waiver executed by such party. This Agreement agreement may not be modified, amended, altered or supplemented except upon by the execution and delivery of a written agreement executed by the parties heretoBank and Univest.
Appears in 1 contract
Samples: Stock Option Agreement (Customers 1st Bancorp, Inc.)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery The waiver by any party of a written breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. The parties may, by mutual agreement executed by the parties heretoin writing, amend this Agreement in any respect.
Appears in 1 contract
Samples: Merger Agreement (Xoom Inc)
Waiver and Amendment. Any provision of this -------------------- Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Samples: Merger Agreement (Alrenco Inc)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits thereof by giving written notice of such provisionwaiver to the other party. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of another provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived waived, but only in writing, at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Samples: Winthrop Option Agreement (Insignia Properties Trust /)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties heretohereto and except as provided in Section 1 of this Agreement.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No amendment of such provision. This this Agreement may not shall be modified, amended, altered or supplemented except upon the execution and delivery of effective unless in a written agreement executed writing signed by the parties hereto.
Appears in 1 contract
Samples: Separation Agreement (Carmax Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that is entitled to the benefits of thereof, but only in a writing signed by such provisionparty. This Agreement agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of a at any time, but only by written agreement executed by the parties heretoof each Buyer and Seller.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of thereof, but only in a writing signed by such provision. This party, and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of a at any time, but only by written agreement executed by the parties heretoof Seller and Buyers. Any such waiver with respect to a failure to observe any such provision shall not operate as a waiver of any subsequent failure to observe such provision unless otherwise expressly provided in such waiver.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Stock (Jmar Technologies Inc)
Waiver and Amendment. Any provision of this Agreement -------------------- may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Option -------------------- Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Option Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.. [the remainder of this page is left intentionally blank]
Appears in 1 contract
Samples: Stock Option Agreement (Mercantile Bancorporation Inc)
Waiver and Amendment. Any provision of this Agreement may be waived -------------------- at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Samples: Voting/Support Agreement (Amerisource Distribution Corp)
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that which is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoATLANTIC and ASPI.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by the parties each party hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time in writing by the party that is entitled to the benefits benefit of such that provision. This Agreement may not be modified, amended, altered amended or supplemented except upon at any time, although no such amendment or supplement will be effective unless it is in writing and signed by all of the execution and delivery of a written agreement executed by the parties heretoparties.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is which is, or whose stockholders are, entitled to the benefits of such provisionthereof. This Agreement may not No waiver, amendment or supplement shall be modified, amended, altered or supplemented except upon the execution effective unless in writing and delivery of a written agreement executed signed by the party or parties heretosought to be bound thereby.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be -------------------- waived at any time by the party that which is entitled to the benefits of such provision. This benefit thereof and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution and delivery of at any time only by a written agreement instrument executed by the parties heretoparty to be charged.
Appears in 1 contract
Waiver and Amendment. Any provision provisions of this Agreement may be waived in writing at any time by the party that is entitled to be bound thereby, and any of the benefits provisions of such provision. This this Agreement may not be modified, amended, altered or supplemented except upon amended at any time by the execution and delivery of a mutual written agreement executed by the parties heretoof Buyer and Parent.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Integra Lifesciences Holdings Corp)
Waiver and Amendment. Any provision of this the Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This The Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is (or parties) entitled to the benefits of such provision. This thereof, and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution by all parties hereto at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the party or parties heretosought to be bound thereby.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery The waiver by any party of a written agreement executed by breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. Subject to Section 9.4, the parties heretomay, by mutual agreement in writing, amend this Agreement in any respect.
Appears in 1 contract
Samples: Merger Agreement (SDL Inc)
Waiver and Amendment. Any term or provision of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and any term or provision of such provisionthis Agreement can be amended or supplemented at any time. This Notwithstanding the foregoing, this Agreement may not be modified, amended, altered or supplemented amended except upon the execution and delivery of by a written agreement executed by the parties instrument signed on behalf of each party hereto.
Appears in 1 contract
Samples: Option and Stock Exchange Agreement (Cavalier Homes Inc)
Waiver and Amendment. Any provision of this Agreement may be waived -------------------- in writing at any time by the party that which is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of a written agreement executed by all the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may -------------------- be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Samples: Stock Option Agreement (Wesley Jessen Visioncare Inc)
Waiver and Amendment. Any provision of this Agreement agreement may be waived at any time by the party that is entitled to the benefits of such provision, but no such waiver shall be effective unless it is contained in a written waiver executed by such party. This Agreement agreement may not be modified, amended, altered or supplemented except upon by the execution and delivery of a written agreement executed by the parties heretoBank and Citizens.
Appears in 1 contract
Samples: Stock Option Agreement (Customers 1st Bancorp, Inc.)
Waiver and Amendment. Any provision of the provisions of this Agreement may be waived in writing at any time by the party that is or parties who are or are entitled to the benefits benefit of such provision. This Any of the provisions of this Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a amended at any time by written agreement executed by of the parties hereto.
Appears in 1 contract
Samples: Investment Management Agreement
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented supple- mented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of thereof to the extent permitted by applicable law; any such provisionwaiver must be in writing and signed by the person against whom enforcement is sought. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of any provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that party, which is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery The waiver by any party of a written breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. The parties may, by mutual agreement executed by the parties heretoin writing, amend this Agreement in any respect.
Appears in 1 contract
Samples: Merger Agreement (Quadramed Corp)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision, PROVIDED such waiver is set forth in writing and signed by such party. This No modification, amendment or supplement to this Agreement may not shall be modified, amended, altered or supplemented except upon the execution effective unless set forth in writing and delivery of a written agreement executed signed by the both parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that which is entitled to the benefits thereof only in writing and signed by the party making such waiver, and any term or provision of such provision. This this Agreement may not be modified, amended, altered amended or supplemented except upon at any time only by the execution and delivery of a written agreement executed by of the parties heretoparties.
Appears in 1 contract
Samples: Stock Purchase Agreement (Integrated Security Systems Inc)
Waiver and Amendment. Any The party, which is entitled to the benefit thereof, may waive any term or provision of this Agreement may be waived at any time and this Agreement may be amended or supplemented at any time only by a written instrument executed by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties heretocharged.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived -------------------- at any time by the party that which is entitled to the benefits of such provision. This thereof, and this Agreement may not be modified, amended, altered amended or supplemented except upon the execution at any time. No such waiver, amendment or supplement shall be effective unless in writing and delivery of a written agreement executed signed by the parties heretoSeller and Buyer.
Appears in 1 contract
Samples: Agreement for Sale and Purchase of Assets (Rotech Medical Corp)
Waiver and Amendment. Any provision of this Agreement may --------------------- be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived only in writing at any time by the party Party that is entitled to the benefits of such provisionthereof. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon by an instrument in writing signed on behalf of each Party and the execution and delivery Escrow Agent. The waiver by any Party of any breach of a written agreement executed by the parties heretoprovision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that which is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by Epsom and the parties heretoCompany. 1.
Appears in 1 contract
Samples: Credit Facility Agreement (Resource Finance & Investment LTD)
Waiver and Amendment. Any provision of the terms and provisions of this Agreement may be waived at any time by the party that which is entitled to the benefits of benefit thereof, but only by a written instrument executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amended only by an agreement in writing executed by the parties heretoMAN and ASPI.
Appears in 1 contract
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provisionthereof to the extent permitted by applicable Law. This Agreement may not be modified, amended, altered amended or supplemented at any time, except upon the execution and delivery by an instrument in writing signed on behalf of each party hereto. The waiver by any party hereto of any condition or of a written agreement executed by the parties heretobreach of any provision of this Agreement shall not operate or be construed as a waiver of any other condition or subsequent breach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Newfield Exploration Co /De/)
Waiver and Amendment. Any provision of this Agreement may be waived at ---------------------- any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Samples: Asset and Warrant Purchase Agreement (Mego Financial Corp)
Waiver and Amendment. Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented supplemented, except upon the execution and delivery of a written agreement executed by the parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term or provision of this Agreement may be waived at any time by the party that is entitled to the benefits of benefit thereof by a written instrument duly executed by such provisionparty. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of modified only by a written agreement writing executed by the parties heretowith the same formality with which this Agreement has been executed.
Appears in 1 contract