Common use of Waivers Clause in Contracts

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 312 contracts

Samples: Common Stock Purchase Agreement (Meta Materials Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Stock Purchase Agreement (Nordic American Offshore Ltd.)

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Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 160 contracts

Samples: Class a Common Stock Purchase Agreement (Alset EHome International Inc.), Class a Common Stock Purchase Agreement (Document Security Systems Inc), Debt Exchange Agreement

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 144 contracts

Samples: Registration Rights Agreement (Crinetics Pharmaceuticals, Inc.), Form of Registration Rights Agreement (Akerna Corp.), Registration Rights Agreement (Kura Oncology, Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 70 contracts

Samples: Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Securities Purchase Agreement (Yijia Group Corp.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 65 contracts

Samples: Common Stock Purchase Agreement (Spectaire Holdings Inc.), Common Stock Purchase Agreement (Professional Diversity Network, Inc.), Common Stock Purchase Agreement (Arcimoto Inc)

Waivers. No waiver by either any party to this Agreement of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 47 contracts

Samples: Securities Purchase Agreement (Cyclo Therapeutics, Inc.), Securities Purchase Agreement (Cyclo Therapeutics, Inc.), Securities Purchase Agreement (Cyclo Therapeutics, Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Investor contained herein shall survive the Closing.

Appears in 39 contracts

Samples: Registration Rights Agreement (Cygnus Inc /De/), Registration Rights Agreement (Blue Zone Inc), Registration Rights Agreement (Secure Computing Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 35 contracts

Samples: Securities Purchase Agreement (LIfe Science Holding Co), Stock Purchase Agreement (Medical International Technology Inc), Subscription Agreement (Vsurance)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 第7.5节 豁免。任何一方关于对某一条款,条件或要求违约的豁免不能视为未来或对其他条款,条件或要求的豁免。

Appears in 32 contracts

Samples: Securities Purchase Agreement (China SXT Pharmaceuticals, Inc.), Securities Purchase Agreement (TD Holdings, Inc.), Securities Purchase Agreement (China SXT Pharmaceuticals, Inc.)

Waivers. No waiver by either a party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 27 contracts

Samples: Amendment Agreement (Genta Inc De/), Amendment Agreement (Genta Inc De/), Note Conversion and Amendment Agreement (Genta Inc De/)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Purchaser contained herein shall survive the Closing.

Appears in 23 contracts

Samples: Registration Rights Agreement (Digirad Corp), Registration Rights Agreement (AMERI Holdings, Inc.), Registration Rights Agreement (AMERI Holdings, Inc.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright.

Appears in 20 contracts

Samples: Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement or any other Transaction Document shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement or any other Transaction Document may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 19 contracts

Samples: Share Purchase Agreement (Highest Performances Holdings Inc.), Share Purchase Agreement (FibroBiologics Inc.), Share Purchase Agreement (7GC & Co. Holdings Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 16 contracts

Samples: Registration Rights Agreement (Fah Co Inc), Registration Rights Agreement (HSB Group Inc), Registration Rights Agreement (New Hope Investments Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 12 contracts

Samples: Common Stock Purchase Agreement (Eos Petro, Inc.), Private Placement Purchase Agreement (Cyclone Power Technologies Inc), Common Stock Purchase Agreement (VRDT Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Holder contained herein shall survive the Closing.

Appears in 10 contracts

Samples: Registration Rights Agreement (ATRM Holdings, Inc.), Registration Rights Agreement (ATRM Holdings, Inc.), Registration Rights Agreement (Lone Star Value Management LLC)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and the Purchaser contained herein shall survive the Closing.

Appears in 9 contracts

Samples: Registration Rights Agreement (Clean Power Technologies Inc.), Registration Rights Agreement (Clean Power Technologies Inc.), Securities Purchase Agreement (Chromavision Medical Systems Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement and the other Transaction Documents shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereofhereof and thereof, nor shall any delay or omission of any party to exercise any right hereunder and thereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 9 contracts

Samples: Note Purchase Agreement (Youngevity International, Inc.), Note Purchase Agreement (Youngevity International, Inc.), Note Purchase Agreement (Youngevity International, Inc.)

Waivers. No waiver by either party of any default with ------- respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 8 contracts

Samples: Common Stock Purchase Agreement (Valicert Inc), Escrow Agreement (Hollis Eden Pharmaceuticals Inc /De/), Series E Convertible Preferred Stock Purchase (Skylynx Communications Inc)

Waivers. No waiver by either a party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 6 contracts

Samples: Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (U.S. Gold Corp.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, of this Agreement; nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 5 contracts

Samples: Investment Agreement (Airtouch Communications), Trust Agreement (Airtouch Communications), Agreement of Exchange (Airtouch Communications)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, of this Agreement; nor shall any delay or omission of any party either Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 5 contracts

Samples: Standstill Agreement (Ammo, Inc.), Standstill Agreement, Standstill Agreement (Ayala Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The parties hereto waive any and all rights to a jury trial in connection with any action or proceeding arising under this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Investment Agreement (Terra Natural Resources Corp), Investment Agreement (Computerized Thermal Imaging Inc), Investment Agreement (Jaws Technologies Inc /Ny)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, hereof nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The parties hereto waive any and all rights to a jury trial in connection with any action or proceeding arising under this Agreement or transactions contemplated hereby or thereby.

Appears in 4 contracts

Samples: Investment Agreement (Penederm Inc), Investment Agreement (Penederm Inc), Common Stock Investment Agreement (Amtec Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to or exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Kinder Morgan, Inc.), Stock Purchase Agreement (Lottomatica Spa), Stock Purchase Agreement (Scientific Games Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereofhereof and thereof, nor shall any delay or omission of any party to exercise any right hereunder and thereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Subscription Agreement (Xinyuan Real Estate Co., Ltd.), Subscription Agreement (Starbox Group Holdings Ltd.), Subscription Agreement (Asia Equity Exchange Group, Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereofof this Agreement; except as otherwise specifically provided herein, nor shall any no delay or omission of any party to exercise any right hereunder shall in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Investment Agreement (Verizon Wireless Capital LLC), Partnership Agreement (Verizon Wireless Capital LLC), Investment Agreement (Verizon Wireless Inc)

Waivers. No waiver by either any party of any default with respect to ------- any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Ydi Wireless Inc), Securities Purchase and Share Exchange Agreement (Cytation Corp), Debenture Purchase Agreement (Constellation 3d Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 第7.5节 豁免。任何一方关于对本协议任何条款、条件或要求的违约的豁免不能视为未来或对其他条款,条件或要求的豁免。

Appears in 3 contracts

Samples: Securities Purchase Agreement (BAIYU Holdings, Inc.), Securities Purchase Agreement (TD Holdings, Inc.), Securities Purchase Agreement (TD Holdings, Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. Any waiver must be in writing.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Biofield Corp \De\), Stock Purchase Agreement (Biofield Corp \De\), Stock Purchase Agreement (Biofield Corp \De\)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Stock Purchase Agreement (CQENS Technologies Inc.), Form of Stock Purchase Agreement (CQENS Technologies Inc.), Form of Stock Purchase Agreement (CQENS Technologies Inc.)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement Note shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Advisory Services Agreement (Coconnect Inc), Note Exchange Agreement (Coconnect Inc), Debt Exchange Agreement (Coconnect Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Registration Rights Agreement (M & F Worldwide Corp), Registration Rights Agreement (Siga Technologies Inc), Registration Rights Agreement (Mafco Holdings Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The parties hereto waive any and all rights to a jury trial in connection with any action or proceeding arising under this Agreement, the Warrants or the transactions contemplated hereby or thereby.

Appears in 3 contracts

Samples: Investment Agreement (Chatterjee Purnendu), Investment Agreement (Advanced Tissue Sciences Inc), Investment Agreement (Amati Communications Corp)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement or any other Transaction Document shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party either Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement or any other Transaction Document may be waived other than in a written instrument signed by the Party against whom enforcement of such waiver is sought.

Appears in 3 contracts

Samples: Share Purchase Agreement (Surf Air Mobility Inc.), Share Purchase Agreement (Surf Air Mobility Inc.), Share Purchase Agreement (Surf Air Mobility Inc.)

Waivers. No waiver by either party any Party of any default with respect to any provision, condition condition, or requirement of this Agreement shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, of this Agreement; nor shall any delay or omission of any party Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Standstill Agreement (Span America Medical Systems Inc), Standstill Agreement (Span America Medical Systems Inc), Standstill Agreement (Kratos Defense & Security Solutions, Inc.)

Waivers. No waiver by either party of any default with respect to any provision, condition or of requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, hereof nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 3 contracts

Samples: Common Stock Warrant Agreement (Freshpet, Inc.), Employment Option Agreement (Elevate Credit, Inc.), Common Stock Warrant Agreement (Empeiria Acquisition Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright.

Appears in 3 contracts

Samples: Registration Rights Agreement (FTS International, Inc.), Form of Registration Rights Agreement (FTS International, Inc.), Securities Purchase Agreement (Petro River Oil Corp.)

Waivers. No waiver by either any party of any default with respect to ------- any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Registration Rights Agreement (Knight Trimark Group Inc), Registration Rights Agreement (Official Payments Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 

Appears in 2 contracts

Samples: Registration Rights Agreement (Alimera Sciences Inc), Registration Rights Agreement (Alimera Sciences Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereofof this Agreement, nor shall any delay or omission of any party to exercise any right hereunder under this Agreement in any manner impair the exercise of any such right accruing to it thereafterafter such waiver.

Appears in 2 contracts

Samples: Preferred Stock Investment Agreement (Cd Radio Inc), Preferred Stock Investment Agreement (Cd Radio Inc)

Waivers. No waiver by either party any Party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Stock Exchange Agreement (U S Technologies Inc), Stock Purchase Agreement (U S Technologies Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and the Buyer contained herein shall survive the registration and sale of the Registrable Securities.

Appears in 2 contracts

Samples: Registration Rights Agreement (Liquidmetal Technologies Inc), Registration Rights Agreement (Liquidmetal Technologies Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall will be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall will any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sentio Healthcare Properties Inc), Investor Rights Agreement (Sentio Healthcare Properties Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Popmail Com Inc), Stock Purchase Agreement (Popmail Com Inc)

Waivers. No waiver by either a party of any default with respect to any provision, condition or requirement of this Agreement or the Notes shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder or thereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Note Purchase Agreement (Interactive Systems Worldwide Inc /De), Note Purchase Agreement (Interactive Systems Worldwide Inc /De)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Purchase and Exchange Agreement (Sunnova Energy International Inc.), Purchase Agreement (Sunnova Energy International Inc.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. Any waiver must be in writing.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Alpharel Inc /Ca/), Convertible Preferred Stock Purchase Agreement (Alpharel Inc /Ca/)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and the Safeguard Entities contained herein shall survive the Closing.

Appears in 2 contracts

Samples: Registration Rights Agreement (Clarient, Inc), Registration Rights Agreement (Clarient, Inc)

Waivers. No waiver by either party of any default with ------- respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Series B Preferred Stock Investment Agreement (Koo Koo Roo Inc/De), Preferred Stock Investment Agreement (Casmyn Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 6.6

Appears in 2 contracts

Samples: Securities Purchase Agreement (Savoy Resources Corp), Securities Purchase Agreement (Savoy Resources Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Buyer contained herein shall survive the Closing.

Appears in 2 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Liquidmetal Technologies Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RAIT Financial Trust), Common Stock Purchase Agreement (Sun Communities Inc)

Waivers. No waiver by either party of any default with ------- respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp), Note and Warrant Purchase Agreement (Vertel Corp)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party either Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Stock Exchange Agreement (U S Technologies Inc), Investment Agreement (U S Technologies Inc)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party either Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the Party against whom enforcement of such waiver is sought.

Appears in 2 contracts

Samples: Share Purchase Agreement (Surf Air Mobility Inc.), Security Purchase Agreement (Surf Air Mobility Inc.)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement Warrant shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Research and Development Agreement (Ziopharm Oncology Inc), Ziopharm Oncology Inc

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and the Purchaser contained herein shall survive the Exchange.

Appears in 1 contract

Samples: Registration Rights Agreement (Hybrid Networks Inc)

Waivers. No waiver by either party of any default or event of default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Conversion Agreement (Atx Communications Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereofthereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Oncothyreon Inc.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The rights and remedies of the parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have hereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Manitex International, Inc.)

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Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. SECTION VII.6

Appears in 1 contract

Samples: Exhibit 1 (Interleaf Inc /Ma/)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor no shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: 1b Note Purchase Agreement (Ginsite Materials Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. The representations and warranties and the agreements and covenants of the Company and each Investor contained herein shall survive the

Appears in 1 contract

Samples: Registration Rights Agreement (Vion Pharmaceuticals Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 8.7

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Hanseatic Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 6.6

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Health Sciences Group Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement Warrant shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Contribution Rights Agreement (Corporate Office Properties Trust)

Waivers. No waiver by either party of any ------- default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Absolutefuture Com)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Purchaser contained herein shall survive the closing of the transaction contemplated by this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Innovative Software Technologies Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 7.6

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Rs Group of Companies Inc)

Waivers. No waiver by either party Party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Merger and Stock Purchase Agreement (Logica Holdings Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.a

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Geron Corporation)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 8.6

Appears in 1 contract

Samples: Securities Purchase Agreement (Consolidated Energy Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 9.6

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cambex Corp)

Waivers. No waiver by either party of any default with respect ------- to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (PHP Healthcare Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition provision or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition provision or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Voting Agreement (Delcath Systems Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and each Purchaser contained herein shall survive each of the Closings.

Appears in 1 contract

Samples: Registration Rights Agreement (Constellation 3d Inc)

Waivers. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright.

Appears in 1 contract

Samples: Subscription Agreement (Dialogic Inc.)

Waivers. No waiver by either party of any default with ------- respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Tivo Inc)

Waivers. No waiver by either any party of any default with respect to any ------- provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereofof this Agreement; except as otherwise specifically provided herein, nor shall any no delay or omission of any party to exercise any right hereunder shall in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Investment Agreement (Bell Atlantic Corp)

Waivers. 31 No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, hereof nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nordic American Offshore Ltd.)

Waivers. No waiver by either any party hereto of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. This provision constitutes a separate right granted to the Purchaser by the Company and DSR.

Appears in 1 contract

Samples: Investment Agreement (Digital Social Retail, Inc.)

Waivers. Any term or provision of this Agreement may be waived, but only in writing by the party which is entitled to the benefit of that provision. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Advisory Agreement (Host Funding Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 3. Section 8.6 is amended and restated as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Diasys Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Stock Purchase Agreement (Advanced Communications Technologies Inc)

Waivers. No Except as expressly provided in Section 3 of this Agreement, no waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Modification Agreement (Team Sports Entertainment Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. The representations and warranties and the agreements and covenants of the Company and the Investor contained herein shall survive the Closing.

Appears in 1 contract

Samples: Registration Rights Agreement (U S Plastic Lumber Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder and thereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Conversion Agreement (BioCorRx Inc.)

Waivers. No waiver by either any party of any default with respect to any ------- provision, condition or requirement of this Agreement hereof shall be deemed to be a continuing waiver in the future thereof or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Registration Rights Agreement (Official Payments Corp)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.nor

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Beyond Com Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 第7.5节豁免。任何一方关于对某一条款,条件或要求违约的豁免不能视为未来或对其他条款,条件或要求的豁免。

Appears in 1 contract

Samples: Securities Purchase Agreement (Powerbridge Technologies Co., Ltd.)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. 第7.5 节 豁免。任何一方关于对某一条款,条件或要求违约的豁免不能视为未来或对其他条款,条件或要求的豁免。

Appears in 1 contract

Samples: Securities Purchase Agreement (TMSR HOLDING Co LTD)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter, except as set forth in the last sentence of Section 5.2. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Pacificare Health Systems Inc /De/)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right night accruing to it thereafter.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Quintel Communications Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Any waiver must be in writing. 6.5

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Immunomedics Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterthereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Meltronix Inc)

Waivers. No waiver by either party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, ; nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. Any waiver must be in writing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rti Inc)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Exchange Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Preferred Stock Exchange Agreement (Hayes Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisionsprovision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Section 8.8

Appears in 1 contract

Samples: Series D Convertible Preferred Stock and Warrant Purchase Agreement (Hanseatic Corp)

Waivers. No waiver by either any party of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought.

Appears in 1 contract

Samples: Share Purchase Agreement (Calypso Wireless Inc)

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