Common use of Waiver and Amendment Clause in Contracts

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 22 contracts

Samples: Letter Agreement (Industrial Holdings Inc), Reimbursement Agreement (Industrial Holdings Inc), Reimbursement Agreement (Industrial Holdings Inc)

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Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 12 contracts

Samples: Transition Services Agreement (Independence Contract Drilling, Inc.), Independence Contract Drilling, Inc., Subscription Agreement (Remote Knowledge Inc)

Waiver and Amendment. Any term or provision of this Warrant these Warrants may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant these Warrants may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant these Warrants shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant these Warrants shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrantthese Warrants.

Appears in 9 contracts

Samples: Security Agreement (Florafax International Inc), Bepariko Biocom, Continental Southern Resources Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder Holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 8 contracts

Samples: Intelect Communications Inc, Intelect Communications Systems LTD, Intelect Communications Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 8 contracts

Samples: McLaren Performance Technologies Inc, McLaren Performance Technologies Inc, McLaren Performance Technologies Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 6 contracts

Samples: Purchase Agreement (Watermarc Food Management Co), Bombaywala Ghulam M, Bombaywala Ghulam M

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 5 contracts

Samples: And Amended Stock Option and Warrant Agreement (American Equity Investment Life Holding Co), Agreement (Watermarc Food Management Co), Consulting Agreement (Watermarc Food Management Co)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive waiver a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 4 contracts

Samples: Guardian Energy Management Corp, Guardian Energy Management Corp, Guardian Energy Management Corp

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 3 contracts

Samples: Factory 2 U Stores Inc, KCS Energy Inc, Id Systems Inc

Waiver and Amendment. Any term or provision of this Warrant may be -------------------- waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive waiver a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 3 contracts

Samples: Miller Exploration Co, Miller Exploration Co, Miller Exploration Co

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which who or that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder Holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 2 contracts

Samples: License Agreement (Imarx Therapeutics Inc), License Agreement (Imarx Therapeutics Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Company and the Company, except that any Holder. Any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms term or conditions condition of this Warrant shall not in any way effectaffect, limit limit, or waive a any party's ’s rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 2 contracts

Samples: Investment Agreement (Handy & Harman Ltd.), Investment Agreement (ModusLink Global Solutions Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Warrantholder and the CompanyCorporation, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Andlinger Capital Xiii LLC), Team Rental Group Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the CompanyCorporation, except that any waiver of any term or condition, or any amendment or supplementation, supplementation of this Warrant shall Warrant, must be in writing. A waiver of any breach or of failure to enforce any of the terms or conditions of this Warrant shall not not, in any way effectway, affect or limit or waive act as a party's waiver of the parties' rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 2 contracts

Samples: Mitel Networks Corp, Mitel Networks Corp

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any thereof. Any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder Holder hereof and the Company, except that any . Any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 2 contracts

Samples: Loan Agreement (ECO Integrated Technologies, Inc.), Loan Agreement (ECO Integrated Technologies, Inc.)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 2 contracts

Samples: Daybreak Oil & Gas Inc, HSW International, Inc.

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall will not in any way effect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Tdlog, LLC), Warrant Agreement (Driftwood Resources, LLC)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.. In the event this Warrant is ever

Appears in 1 contract

Samples: Healtheon Webmd Corp

Waiver and Amendment. Any term or provision of this Warrant may be waived -------------------- at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Stock Option Purchase Agreement (McLaren Performance Technologies Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver writer of any breach or failure to enforce any of the terms or conditions of this Warrant shall will not in any way effectaffect, limit or waive a party's rights hereunder under this Warrant at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Adam Com Inc /De/

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Healtheon Webmd Corp

Waiver and Amendment. Any term or provision of this Warrant may be waived at t any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: American Equity Investment Life Holding Co

Waiver and Amendment. Any term or provision of this Warrant these Warrants may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant these Warrants may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant these Warrants shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this these Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrantthese Warrants.

Appears in 1 contract

Samples: Endeavour International Corp

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Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Equity Media Holdings CORP

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any of such term or provision. Any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder Holder hereof and the Company, except that any . Any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: American Standard Energy Corp.

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time anytime to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Leapfrog Smart Products Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectmay affect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Information Analysis Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or of failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Bombaywala Ghulam M

Waiver and Amendment. Any term or provision of this the Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this the Warrant may be amended or supplemented at any time by agreement of the holder hereof and the CompanyAllied, except that any waiver of any term or condition, or any amendment or supplementation, of this the Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this the Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this the Warrant.

Appears in 1 contract

Samples: Stock Purchase Agreement (Allied Waste Industries Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof hereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writinga writing signed by the holder of this Warrant. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.. 6.4

Appears in 1 contract

Samples: Credit Agreement (Energy Search Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Remote Knowledge Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant warrant shall not in any way effect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Equalnet Communications Corp

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the CompanyGT, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's ’s rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Guided Therapeutics Inc

Waiver and Amendment. Any term or provision of this Warrant Agreement may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant Agreement may be amended or supplemented at any time by agreement of the holder hereof holders of the Warrants and the CompanyIssuer, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall Agreement must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant Agreement shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this WarrantWarrant Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Eschelon Telecom Inc)

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms term or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Watermarc Food Management Co

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which is entitled to the benefits thereof and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof Holder and the Company, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this Warrant.

Appears in 1 contract

Samples: Kanbay International Inc

Waiver and Amendment. Any term or provision of this Warrant may be waived at any time by the party which that is entitled to the benefits thereof thereof, and any term or provision of this Warrant may be amended or supplemented at any time by agreement of the holder hereof and the CompanySpectRx, except that any waiver of any term or condition, or any amendment or supplementation, of this Warrant shall must be in writing. A waiver of any breach or failure to enforce any of the terms or conditions of this Warrant shall not in any way effectaffect, limit or waive a party's rights hereunder at any time to enforce strict compliance thereafter with every any term or condition of this Warrant.

Appears in 1 contract

Samples: Spectrx Inc

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