Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 4 contracts

Samples: Securities Purchase Agreement (LENSAR, Inc.), Securities Purchase Agreement (Stereotaxis, Inc.), Second Redemption and Exchange Agreement (Microstrategy Inc)

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Failure or Indulgence Not Waiver. No failure or delay on the part of a Lender, or any holder of Preferred Shares the Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 4 contracts

Samples: Loan Agreement (Franklin Wireless Corp), Term Credit Agreement (Stonepath Group Inc), Term Credit Agreement (Aztec Oil & Gas, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares Purchaser in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 3 contracts

Samples: Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part -------------------------------- of a holder of Preferred Shares Purchaser in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Voxware Inc), Securities Purchase Agreement (Voxware Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a Agent, Lender, or any holder of Preferred Shares a Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Term Credit Agreement (Entrada Networks Inc), Term Credit Agreement (Stonepath Group Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a Lender, or any holder of Preferred Shares a Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Term Credit Agreement (Pro Elite Inc), Term Credit Agreement (Lucys Cafe Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegeprivileges.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Emcon), Securities Purchase Agreement (Cdex Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of -------------------------------- a holder of Preferred Shares Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Voxware Inc), Securities Purchase Agreement (Voxware Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares the Lender in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan Agreement (Dakota Mining Corp)

Failure or Indulgence Not Waiver. No failure or ------------------------------------ delay on the part of a holder of Preferred Shares the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege, nor shall any waiver by the Holder of any such right or rights on any one occasion be deemed a waiver of the same right or rights on any future occasion.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Charys Holding Co Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Holder of Preferred Shares in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stan Lee Media Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Noteholder of Preferred Shares Convertible Notes in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Convertible Note Agreement (China Green Agriculture, Inc.)

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Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Holder of Preferred Shares Stock in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Courier Technologies Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of -------------------------------- a holder of Preferred Shares Purchaser in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Exchange Agreement (Voxware Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares the Holder in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or of any other right, power power, or privilege.

Appears in 1 contract

Samples: iQSTEL Inc

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder Holder of Preferred Shares in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.. [Signature Page Follows]

Appears in 1 contract

Samples: Securities Purchase Agreement (E-Net Financial Com Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Class A Preference Shares in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Preference Share Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardiome Pharma Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of a holder of Preferred Shares the Lender in the exercise of any power, right or privilege hereunder hereunder, or course of conduct relating hereto, shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Security Agreement (Ener1 Inc)

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