Common use of Waiver of Conditions Clause in Contracts

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to the Purchasers of any Purchaser of the Notes to be issued to such Purchaser Purchasers on such date or if the conditions specified in SECTION §4.1 have not been fulfilled, such each Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION §4.1 have not been fulfilled, such each Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION §4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's ’s rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such any Purchaser on such date or if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION Section 4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION Section 4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender the Note and the Warrant to any Purchaser the Notes to be issued to such Purchaser on such date or if any of the conditions specified in SECTION 4.1 (S) 5.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if any of the conditions specified in SECTION 4.1 (S) 5.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 (S) 5.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes Note to be issued to such the Purchaser on such date or if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may thereupon elect to shall be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may waive in writing the compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.8 shall operate to relieve the Company of any of its obligations hereunder or to waive any of the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Series B Preferred Stock to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.13 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any such Purchaser the Notes to be issued to such Purchaser it on such date or if the conditions specified in SECTION 4.1 this paragraph 3 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this paragraph 3 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser it may in its sole and exclusive discretion determine. Nothing in this SECTION 4.2 paragraph 3J shall operate to relieve the Company of any of its obligations hereunder or to waive any of such Purchaser's rights against the Company.

Waiver of Conditions. If on the any Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION §4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION §4.1 have not been fulfilled, such any Purchaser may waive compliance by the Company with any such condition as to such Purchaser to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION §4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any of any Purchaser's ’s rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 ss.4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 ss.4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 ss.4.2 shall operate to relieve the Company of any of its obligations hereunder (other than the obligation to satisfy any such condition waived by all of the Purchasers) or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing applicable Date of Issue the Company fails to tender to any Purchaser the Purchasers the Notes to be issued to such Purchaser the Purchasers on such date or if the conditions specified in SECTION 4.1 this Section 5 have not been fulfilled, such Purchaser the Purchasers may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 5 have not been fulfilled, such Purchaser the Purchasers may waive compliance by the Company with any such condition to such extent as such Purchaser the Purchasers may in its their sole discretion determine. Nothing in this SECTION 4.2 Section 5.4 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's of the Purchasers' rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Preferred Stock to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.7 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser of the Notes to be issued to such the Purchaser on such date or if the conditions specified in SECTION §4.1 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION §4.1 have not been fulfilled, such the Purchaser may waive compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION §4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any the Purchaser's ’s rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Debentures and the other Operative Documents to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may Purchaser, in its sole discretion discretion, may determine. Nothing in this SECTION 4.2 Section 4.13 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in in SECTION 4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Debentures to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.13 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any each Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 Section 4.2 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 Section 4.2 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition (other than Sections 4.2(e) or (f)) to such extent as such Purchaser may in its such Purchaser’s sole discretion determine. Nothing in this SECTION 4.2 Section 4.3 shall operate to relieve the Company of any of its obligations hereunder or to waive any of such Purchaser's ’s rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser you the Notes Notes, the Warrants and the Strip Equity to be issued to such Purchaser you on such date or if the conditions specified in SECTION 4.1 this (S)4.1 have not been fulfilled, such Purchaser you may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this (S)4.1 have not been fulfilled, such Purchaser you may waive compliance by the Company with any such condition to such extent as such Purchaser you may in its your sole discretion determine. Nothing in this SECTION 4.2 (S)4.1(u) shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's of your rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Convertible Preferred Stock certificate to be issued to such Purchaser on such date Purchaser, or if the conditions specified in SECTION 4.1 this ARTICLE IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this AgreementAgreement and shall (i) retain the processing fee provided by Section 1.5, and (ii) be paid the expense allowance provided by Section 12.1. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this ARTICLE IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.11 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such any Purchaser on such date or if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.8 shall operate to relieve the Company of any of its obligations hereunder or to waive any the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes Note to be issued to such the Purchaser on such date or if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may waive in writing the compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.10 shall operate to relieve the Company of any of its obligations hereunder or to waive any of the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION Section 4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition conditions to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.3 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's of Purchaser rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Debentures to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.7 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any Purchaser the Notes Debentures to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this ARTICLE IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this ARTICLE IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.7 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company -------------------- fails to tender to any Purchaser the Notes Class B Preferred Stock to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Article IV have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser Purchaser, in Purchaser's sole discretion, may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.12 shall operate to relieve the Company of any of its obligations hereunder or to waive any of Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to the Purchasers of any Purchaser of the Series 2008 Notes to be issued to such Purchaser the Purchasers on such date or if the conditions specified in SECTION §4.1 have not been fulfilled, such any Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION §4.1 have not been fulfilled, such each Purchaser may waive compliance by the Company with any such condition to such extent as such each Purchaser may in its sole discretion determine. Nothing in this SECTION §4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any of the Purchaser's ’s rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes to be issued to such the Purchaser on such date or if the conditions specified in SECTION 4.1 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 have not been fulfilled, such the Purchaser may waive compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes Note to be issued to such the Purchaser on such date or if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may waive in writing the compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.8 shall operate to relieve the Company of any of its obligations hereunder or to waive any of the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes Note to be issued to such the Purchaser on such date or if the conditions specified in this SECTION 4.1 4 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in this SECTION 4.1 4 have not been fulfilled, such the Purchaser may waive in writing the compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 4.10 shall operate to relieve the Company of any of its obligations hereunder or to waive any of the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the Company fails to tender to any the Purchaser the Notes to be issued to such the Purchaser on such date or if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 this Section 4 have not been fulfilled, such the Purchaser may waive compliance by the Company with any such condition to such extent as such the Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 Section 4.7 shall operate to relieve the Company of any of its obligations hereunder or to waive any the Purchaser's rights against the Company.

Waiver of Conditions. If on the Closing Date the ---------------------------------- Company fails to tender to any Purchaser the Notes to be issued to such Purchaser on such date or if the conditions specified in SECTION 4.1 (S)4.1 have not been fulfilled, such Purchaser may thereupon elect to be relieved of all further obligations under this Agreement. Without limiting the foregoing, if the conditions specified in SECTION 4.1 (S)4.1 have not been fulfilled, such Purchaser may waive compliance by the Company with any such condition to such extent as such Purchaser may in its sole discretion determine. Nothing in this SECTION 4.2 (S)4.2 shall operate to relieve the Company of any of its obligations hereunder or to waive any Purchaser's rights against the Company.