Common use of Waiver; Consent Clause in Contracts

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the Company and a majority in interest of the Warrantholders participating in the Closing. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Warrant Exchange Agreement (Venrock Associates), Warrant Exchange Agreement (Sirna Therapeutics Inc)

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Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded rescinded, or discharged (other than by performance), in whole or in part, except by a writing executed signed by the Company parties hereto, and a majority in interest no waiver of any of the Warrantholders participating provisions or conditions of this Agreement or any of the rights of a party will be effective or binding unless such waiver will be in writing and signed by the Closingparty claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder shall or thereunder will be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Modavox Inc), Agreement and Plan of Reorganization (Modavox Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the Company parties hereto, and a majority in interest no waiver of any of the Warrantholders participating provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the Closingparty claimed to have given such waiver or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Distribution Agreement (Omnova Solutions Inc)

Waiver; Consent. This Agreement Whenever the consent, approval, agreement, waiver, designation, notice, demand or other written action by Buyer or Seller is provided for in this Agreement, the same may not be changed, amended, terminated, augmented, rescinded or discharged (other than by performance), given on behalf of such party in whole or in part, except by a writing executed signed by the Company and its President, an Executive Vice President or a majority in interest of the Warrantholders participating in the ClosingVice President. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder shall be deemed to be a waiver wavier of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Boots & Coots International Well Control Inc)

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Waiver; Consent. This Agreement Whenever the consent, approval, agreement, waiver, designation, notice, demand or other written action by Buyer or Seller is provided for in this Agreement, the same may not be changed, amended, terminated, augmented, rescinded or discharged (other than by performance), given on behalf of such party in whole or in part, except by a writing executed signed by the Company and its President or a majority in interest of the Warrantholders participating in the ClosingVice President. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance non-compliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance non-compliance or breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (RPM Inc/Oh/)

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