Waivers and Amendments; Rights Cumulative; Consent; Severability. (a) This Agreement may be amended, restated, modified or changed only by a written instrument signed by the Company and the Purchaser. (b) Unless otherwise expressly set forth herein, the terms and conditions of this Agreement may be waived (i) by the Company only by a written instrument executed by the Company and (ii) by the Purchaser only by a written instrument executed by the Purchaser. No delay on the part of any Party in exercising any right, power or privilege pursuant to this Agreement will operate as a waiver thereof, nor will any waiver on the part of any Party of any right, power or privilege pursuant to this Agreement, nor will any single or partial exercise of any right, power or privilege pursuant to this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege pursuant to this Agreement. (c) In the event that any provision hereof would be invalid or unenforceable in any respect under applicable Law, such provision shall be construed by modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable Law. The provisions hereof are severable, and in the event any provision hereof should be held invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.), Securities Purchase Agreement (Entasis Therapeutics Holdings Inc.), Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)
Waivers and Amendments; Rights Cumulative; Consent; Severability. (a) This Agreement may be amended, restated, modified or changed only by a written instrument signed by the Company and all of the PurchaserCommitment Parties.
(b) Unless otherwise expressly set forth hereinNotwithstanding the foregoing, the Commitment Schedule shall be revised as necessary, without requiring a written instrument signed by the Company and the Commitment Parties as a result of the applicability of Section 2.1(c) hereof.
(c) The terms and conditions of this Agreement may be waived (iA) by the Company only by a written instrument executed by the Company and (iiB) by the Purchaser Commitment Parties only by a written instrument executed by the PurchaserCommitment Parties. No delay on the part of any Party in exercising any right, power or privilege pursuant to this Agreement will operate as a waiver thereof, nor will any waiver on the part of any Party of any right, power or privilege pursuant to this Agreement, nor will any single or partial exercise of any right, power or privilege pursuant to this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege pursuant to this Agreement.
(cd) In the event that any provision hereof would be invalid or unenforceable in any respect under applicable Law, such provision shall be construed by modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable Law. The provisions hereof are severable, and in the event any provision hereof should be held invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
Appears in 2 contracts
Samples: Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.)
Waivers and Amendments; Rights Cumulative; Consent; Severability. (a) This Agreement may be amended, restated, modified or changed only by a written instrument signed by the Company and all of the PurchaserCommitment Parties.
(b) Unless otherwise expressly set forth herein, the [Intentionally Omitted.]
(c) The terms and conditions of this Agreement may be waived (iA) by the Company only by a written instrument executed by the Company and (iiB) by the Purchaser Commitment Parties only by a written instrument executed by the PurchaserCommitment Parties. No delay on the part of any Party in exercising any right, power or privilege pursuant to this Agreement will operate as a waiver thereof, nor will any waiver on the part of any Party of any right, power or privilege pursuant to this Agreement, nor will any single or partial exercise of any right, power or privilege pursuant to this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege pursuant to this Agreement.
(cd) In the event that any provision hereof would be invalid or unenforceable in any respect under applicable Law, such provision shall be construed by modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable Law. The provisions hereof are severable, and in the event any provision hereof should be held invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
Appears in 1 contract
Samples: Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.)
Waivers and Amendments; Rights Cumulative; Consent; Severability. (a) This Agreement may be amended, restated, modified or changed only by a written instrument signed by the Company and the PurchaserPurchasers.
(b) Unless otherwise expressly set forth herein, the terms and conditions of this Agreement may be waived (i) by the Company only by a written instrument executed by the Company and (ii) by the Purchaser Purchasers only by a written instrument executed by the PurchaserPurchasers. No delay on the part of any Party in exercising any right, power or privilege pursuant to this Agreement will operate as a waiver thereof, nor will any waiver on the part of any Party of any right, power or privilege pursuant to this Agreement, nor will any single or partial exercise of any right, power or privilege pursuant to this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege pursuant to this Agreement.
(c) In the event that any provision hereof would be invalid or unenforceable in any respect under applicable Law, such provision shall be construed by modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable Law. The provisions hereof are severable, and in the event any provision hereof should be held invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)