Common use of Waiver of Compliance; Consents Clause in Contracts

Waiver of Compliance; Consents. Any failure of Parent or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.

Waiver of Compliance; Consents. Any failure of Parent or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.39.2.

Waiver of Compliance; Consents. Any failure of Parent Parent, Operating Sub, or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Company (with respect to any failure in writing by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.

Waiver of Compliance; Consents. Any failure of Parent Buyer or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the Company (with respect to any failure by Parent Buyer or Merger Sub) or by Parent or Buyer and Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.310.2.

Waiver of Compliance; Consents. Any failure of Parent or Merger Sub, the Company on the one hand, or the Company, Parent and Merger Sub on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by Parent on the one hand, or the Company on the other hand (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure authorized by the Companyaffirmative vote required by Section 1.3, if applicable), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.38.3.

Waiver of Compliance; Consents. Any failure of the Parent or Merger Subthe ------------------------------ Purchaser, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company)Parent, respectively, only by a written instrument signed by the party granting such waiverwaiver (and, in the case of the Company, approved in accordance with the provisions of Section 1.3(c) if applicable), but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.in

Waiver of Compliance; Consents. Any failure of Parent or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein (except the conditions in Sections 5.01(b) and (f) and 5.02(b) and (d) of this Agreement) may be waived in writing by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or and Merger Sub (with respect to any failure by the Company)Sub, respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.38.03.

Waiver of Compliance; Consents. Any failure of Parent or Merger Sub, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.310.2.

Waiver of Compliance; Consents. Any failure of Parent any Seller or Merger Sub(prior to the Closing) the Company, on the one hand, or the CompanyParent or Xxxxx Brothers, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by Xxxxx Brothers, on the Company (with respect to any failure by Parent one hand, or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company)Sellers, respectivelyon the other hand, only by a written instrument signed by the party Party or Parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.311.5.

Waiver of Compliance; Consents. Any failure of Parent, Parent Subsidiary, or Merger SubSubsidiary, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition herein may be waived in writing by the Company (with respect to any failure by Parent or Merger Sub) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiverother, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.

Waiver of Compliance; Consents. Any failure of Parent MergerCo or Merger SubParent, on the one hand, or the Company, on the other hand, to comply with any obligation, covenant, agreement or condition herein may may, subject to Section 9.1, be waived by the Company Parent (with respect to any failure by Parent or Merger Subon behalf of itself and MergerCo) or by Parent or Merger Sub (with respect to any failure by the Company), respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be deemed effective when given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.