Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 789 contracts
Samples: Underwriters’ Warrant Agreement (Callan JMB Inc.), Representative’s Warrant Agreement (Callan JMB Inc.), Purchase Warrant Agreement (rYojbaba Co., Ltd.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 147 contracts
Samples: Underwriter’s Option Agreement (Aquasition Corp.), Purchase Option Agreement (Rosetta Genomics Ltd.), Purchase Option Agreement (Rosetta Genomics Ltd.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 90 contracts
Samples: Purchase Option Agreement (Scopus BioPharma Inc.), Purchase Option Agreement (Bison Capital Acquisition Corp.), Purchase Option Agreement (PAVmed Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 90 contracts
Samples: Underwriting Agreement (SMX (Security Matters) Public LTD Co), Underwriting Agreement (SMX (Security Matters) Public LTD Co), Purchase Warrant Agreement (J-Star Holding Co., Ltd.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 25 contracts
Samples: Purchase Option Agreement (International Metal Enterprises, Inc.), Purchase Option Agreement (InterAmerican Acquisition Group Inc), Purchase Option Agreement (InterAmerican Acquisition Group Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.. [Signature Page Follows]
Appears in 17 contracts
Samples: Merger Agreement (Helbiz, Inc.), Securities Purchase Agreement (HeartBeam, Inc.), Common Stock Purchase Warrant (Smart for Life, Inc.)
Waiver, etc. The failure of the Company or the Holder Holders to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder Holders to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 17 contracts
Samples: Underwriting Agreement (Cerecor Inc.), Purchase Option Agreement (I-Am CAPITAL ACQUISITION Co), Purchase Option Agreement (I-Am CAPITAL ACQUISITION Co)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 12 contracts
Samples: Purchase Option Agreement (PAVmed Inc.), Purchase Option Agreement (GEF Acquisition Corp), Purchase Option Agreement (GEF Acquisition Corp)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 12 contracts
Samples: Unit Purchase Option (Media & Entertainment Holdings, Inc.), Unit Purchase Option Agreement (Media & Entertainment Holdings, Inc.), Unit Purchase Option (Media & Entertainment Holdings, Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-non- fulfillment.
Appears in 8 contracts
Samples: Underwriting Agreement (Flora Growth Corp.), Warrant Agreement (GoodFaith Technology Inc.), Underwriter’s Warrant Agreement (Medlab Clinical Ltd.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any the Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 5 contracts
Samples: Representative's Warrant (Signing Day Sports, Inc.), Purchase Warrant Agreement (Signing Day Sports, Inc.), Underwriting Agreement (BioRestorative Therapies, Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 5 contracts
Samples: Purchase Warrant Agreement (Nano Nuclear Energy Inc.), Purchase Warrant Agreement (Nano Nuclear Energy Inc.), Purchase Warrant Agreement (Nano Nuclear Energy Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor provision or to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; , and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 4 contracts
Samples: Purchase Option Agreement (Symmetry Holdings Inc), Purchase Option Agreement (Symmetry Holdings Inc), Purchase Option Agreement (Symmetry Holdings Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance compliance, or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance compliance, or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance compliance, or non-fulfillment.
Appears in 4 contracts
Samples: Warrant Agreement (Rita Medical Systems Inc), Warrant Agreement (Rita Medical Systems Inc), Warrant Agreement (Horizon Medical Products Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Underwriter Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Underwriter Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Underwriter Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Underwriter Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 4 contracts
Samples: Underwriting Agreement (Genenta Science S.p.A.), Underwriting Agreement (Genenta Science S.p.A.), Underwriter Warrant (Genenta Science S.p.A.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 4 contracts
Samples: Purchase Option Agreement (Great Wall Acquisition Corp), Purchase Option Agreement (Tremisis Energy Acquisition Corp), Purchase Option Agreement (Tremisis Energy Acquisition Corp)
Waiver, etc. The failure of the Company Company, CRT or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company Company, CRT or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 4 contracts
Samples: Purchase Option Agreement (Advanced Technology Acquisition Corp.), Purchase Option Agreement (Advanced Technology Acquisition Corp.), Purchase Option Agreement (Apex Bioventures Acquisition Corp)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance compliance, or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 3 contracts
Samples: Underwriting Agreement (CW Petroleum Corp), Underwriting Agreement (CW Petroleum Corp), Underwriting Agreement (CW Petroleum Corp)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Digital Cinema Destinations Corp.), Purchase Warrant (Digital Cinema Destinations Corp.), Purchase Warrant (Digital Cinema Destinations Corp.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Unit Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Unit Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Unit Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Unit Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 3 contracts
Samples: Underwriter's Warrant (Frankly Inc), Underwriter's Warrant (Frankly Inc), Warrant Agreement (Biopure Corp)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment nonfulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentnoncompliance.
Appears in 3 contracts
Samples: Underwriting Agreement (Scopus BioPharma Inc.), Purchase Option Agreement (AeroClean Technologies, LLC), Purchase Option Agreement (Scopus BioPharma Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-non- compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 3 contracts
Samples: Purchase Option Agreement (Millstream II Acquisition CORP), Purchase Option Agreement (Millstream II Acquisition CORP), Purchase Option Agreement (Millstream II Acquisition CORP)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 3 contracts
Samples: Warrant Agreement (Airborne Wireless Network), Warrant Agreement (AMEDICA Corp), Warrant Agreement (Airborne Wireless Network)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 2 contracts
Samples: Purchase Option Agreement (Rand Acquisition CORP), Purchase Option Agreement (Rand Acquisition CORP)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Placement Agent’s Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Placement Agent’s Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Placement Agent’s Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Placement Agent’s Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 2 contracts
Samples: Placement Agency Agreement (Addentax Group Corp.), Placement Agency Agreement (Greenpro Capital Corp.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Underwriter’s Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Underwriter’s Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Underwriter’s Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Underwriter’s Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 2 contracts
Samples: Underwriting Agreement (Hailiang Education Group Inc.), Underwriting Agreement (Hailiang Education Group Inc.)
Waiver, etc. The failure of the Company or the any Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 2 contracts
Samples: Purchase Warrant (Unique Fabricating, Inc.), Purchase Warrant (Unique Fabricating, Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance compliance, or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance non- compliance, or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance compliance, or non-fulfillment.
Appears in 2 contracts
Samples: Warrant Agreement (Rita Medical Systems Inc), Warrant Agreement (Horizon Medical Products Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-non- compliance or non-fulfillment.
Appears in 2 contracts
Samples: Purchase Option Agreement (Teardrop Golf Co), Purchase Option Agreement (Dental Medical Diagnostic Systems Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No Subject to Section 9.1, no waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 2 contracts
Samples: Underwriting Agreement (Globeimmune Inc), Representative’s Warrant Agreement (Globeimmune Inc)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance non•compliance or non-fulfillment non•fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; sought; and no waiver of any such breach, non-compliance non•compliance or non-non• fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance non•compliance or non-fulfillmentnon•fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-non- compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 1 contract
Samples: Purchase Option Agreement (Harbor Acquisition Corp.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance noncompliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance noncompliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentnoncompliance.
Appears in 1 contract
Samples: Purchase Option Agreement (China Ascendance Acquisition Corp.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument 9 10 executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment nonfulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillmentnonfulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Representative’s Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Representative’s Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Representative’s Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Representative’s Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time ----------- enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantOption. No waiver of any breach, non-non- compliance or non-fulfillment of any of the provisions of this Purchase Warrant Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.
Appears in 1 contract
Samples: Unit Purchase Option Agreement (Scopus BioPharma Inc.)
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment fulfilment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment fulfilment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillmentfulfilment.
Appears in 1 contract
Waiver, etc. The failure of the Company Xxxxxny or the Holder Holder(s) to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any the Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any the Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.. [Signature Page Follows]
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant Agreement shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant Agreement or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase WarrantWarrant Agreement. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant Agreement shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.
Appears in 1 contract
