Common use of Waiver and Amendment Clause in Contracts

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 52 contracts

Samples: Bridge Loan Facility Agreement (Idw Media Holdings, Inc.), Code Share and Revenue Sharing Agreement (Mesa Air Group Inc), Code Share and Revenue Sharing Agreement (Mesa Air Group Inc)

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Waiver and Amendment. No provisions provision of this Agreement may be waived unless in writing signed by all the parties to this Agreement, and waiver of any one provision of this Agreement shall not be deemed waived or to be a waiver of any other provision. This Agreement may be amended except only by a written instrument unambiguously setting forth the matter waived or amended and signed agreement executed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver all of the same or any other matter on any future occasionparties to this Agreement.

Appears in 50 contracts

Samples: Convertible Bond Purchase Agreement (Staffing 360 Solutions, Inc.), Asset Purchase Agreement (Apollo Medical Holdings, Inc.), Consulting Agreement (Opiant Pharmaceuticals, Inc.)

Waiver and Amendment. No provisions provision of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion. This Agreement may only be amended by a written agreement executed by Seller and Purchaser.

Appears in 19 contracts

Samples: Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement

Waiver and Amendment. No provisions provision of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 16 contracts

Samples: Purchase and Sale Agreement (iMedia Brands, Inc.), Purchase and Sale Agreement (Lubys Inc), Purchase and Sale Agreement (Synalloy Corp)

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasionoccasion or any other matter.

Appears in 10 contracts

Samples: Purchase Agreement (Ffca Investor Services Corp 86-B), Purchase Agreement (Ffca Investor Services Corp 88-C), Purchase Agreement (Ffca Investor Services Corp 86-B)

Waiver and Amendment. No provisions of this Agreement may be amended, supplemented or waived at any time except by a written instrument executed by the parties hereto, or in the case of a waiver, by the waiving party. No waiver of any of the provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed constitute a waiver of the same or any other matter on provision hereof (whether or not similar), nor shall any future occasionsuch waiver constitute a continuing waiver unless otherwise expressly provided.

Appears in 6 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Carrols Restaurant Group, Inc.), Asset Purchase Agreement (Carrols Restaurant Group, Inc.)

Waiver and Amendment. No provisions provision of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any prior or future occasion.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Party City Holdco Inc.), Master Sale Leaseback Agreement, Master Sale Leaseback Agreement (Carvana Co.)

Waiver and Amendment. No provisions provision of this Agreement Lease shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 2 contracts

Samples: Termination and Modification Agreement (Quality Dining Inc), Agreement of Purchase and Sale (Argo Bancorp Inc /De/)

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which whom enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Subordination, Non Disturbance and Attornment Agreement (Vision Bancshares Inc)

Waiver and Amendment. No provisions provision of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.. ​

Appears in 1 contract

Samples: Purchase and Sale Agreement (Orion Group Holdings Inc)

Waiver and Amendment. No provisions of this Agreement shall be deemed Deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.. 29

Appears in 1 contract

Samples: Loan Agreement (Uni Marts Inc)

Waiver and Amendment. No provisions provision of this Agreement Contract shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion. This Contract may only be amended by a written agreement executed by Seller and Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Allied Healthcare Products Inc)

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on of any future occasion.. F

Appears in 1 contract

Samples: Purchase Agreement (Blue Ridge Real Estate Co)

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Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is soughtboth Parties. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Purchase Agreement

Waiver and Amendment. No provisions provision of or rights under this Agreement shall may be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended modified unless in writing and signed by the party against which enforcement of such waiver whose rights are thereby waived or amendment is soughtmodified. Waiver of any matter one provision herein shall not be deemed to be a waiver of the same or any other matter on any future occasionprovision herein (whether similar or not), nor shall such waiver constitute a continuing waiver unless otherwise expressly so provided. This Agreement may not be amended except through an instrument in writing signed by the Trustee and the Agencies.

Appears in 1 contract

Samples: Settlement Agreement

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasionoccasion unless otherwise specifically stated therein.

Appears in 1 contract

Samples: Loan Agreement (Ich Corp /De/)

Waiver and Amendment. No provisions of this Agreement shall be deemed Deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Equipment Loan Agreement (Uni Marts Inc)

Waiver and Amendment. No provisions of this Agreement Assignment shall be deemed waived or amended except in accordance with the terms and conditions of the Loan Agreement regarding waiver and amendment and by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Loan Agreement (Rc Arbys Corp)

Waiver and Amendment. No provisions of this Agreement xx xxxx Xxxxxment shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Code Share and Revenue Sharing Agreement (Mesa Air Group Inc)

Waiver and Amendment. No provisions of this Agreement shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (P F Changs China Bistro Inc)

Waiver and Amendment. No NO provisions of this Agreement Amendment shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion.

Appears in 1 contract

Samples: Loan Agreement (Bertuccis of White Marsh Inc)

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