Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties hereto. Any agreement on the part of a Party to any waiver of any obligation of the other Parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Party. The failure of any Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 18 contracts
Samples: Voting Agreement (Thomas, McNerney & Partners II L.P.), Voting Agreement (Patton Thomas M), Voting Agreement (Pinnacle Foods Inc.)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties parties hereto and any party subsequently made a party hereto. Any agreement on the part of a Party party hereto to any waiver of any obligation of the other Parties parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Partyparty. The failure of any Party party hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party party hereto of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 9 contracts
Samples: Stockholder’s Agreement (Angel Oak Mortgage, Inc.), Stockholders Agreement (Essential Properties Realty Trust, Inc.), Shareholder Rights Agreement (Angel Oak Mortgage, Inc.)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties heretoParties. Any agreement on the part of a Party to any waiver of any obligation of the other Parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Party. The failure of any Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 6 contracts
Samples: Voting Agreement (Genomic Health Inc), Voting Agreement (Exact Sciences Corp), Voting Agreement (Genomic Health Inc)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties heretoparties hereto and any party subsequently made a party hereto pursuant to a joinder executed by any Sponsor Stockholder in accordance with Section 3.2(b). Any agreement on the part of a Party party hereto to any waiver of any obligation of the other Parties parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Partyparty. The failure of any Party party hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party party hereto of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Hudson Pacific Properties, Inc.), Stockholders Agreement (Hudson Pacific Properties, L.P.)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties parties hereto. Any agreement on the part of a Party party to any waiver of any obligation of the other Parties parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Partyparty. The failure of any Party party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party party of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Quad/Graphics, Inc.), Voting Agreement (COURIER Corp)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties hereto. Any agreement on the part of a Party to any waiver of any obligation of the other Parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Party. The failure or delay of any Party to assert any of its rights rights, powers or privileges under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 2 contracts
Samples: Voting and Support Agreement (Endurance International Group Holdings, Inc.), Voting and Support Agreement (Musallam Ramzi M)
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties heretoCompany and Oaktree. Any agreement on the part of a Party party hereto to any waiver of any obligation of the other Parties parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Partyparty. The failure of any Party party hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party party hereto of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may not be amended, modified or supplemented, except by an instrument in writing signed on behalf of each of the Parties heretoParties. Any agreement on the part of a Party to any waiver of any obligation of the other Parties shall be valid only if set forth in an instrument in writing signed on behalf of such waiving Party. The failure or delay of any Party to assert any of his, her or its rights rights, powers or privileges under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any Party of any of his, her or its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 1 contract
