Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 138 contracts
Samples: Asset Purchase Agreement (Nexgel, Inc.), Asset Purchase Agreement (Aurora Gold Corp), Stock Purchase Agreement (Blue Atelier Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyers and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 65 contracts
Samples: Stock Purchase Agreement (Unisource Energy Corp), Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 54 contracts
Samples: Share Purchase Agreement (BPO Management Services), Stock Purchase Agreement (Spectrascience Inc), Share Purchase Agreement (BPO Management Services)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 32 contracts
Samples: Purchase and Sale Agreement (Connecticut Light & Power Co), Asset Purchase Agreement and Plan of Reorganization (Orthologic Corp), Stock Purchase Agreement (Connecticut Light & Power Co)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSeller or their respective representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 21 contracts
Samples: Stock Purchase Agreement (AAA Best Car Rental Inc), Stock Purchase Agreement (Corridor Ventures II Acquisition Corp.), Stock Purchase Agreement (Net Profits Ten Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 17 contracts
Samples: Stock Purchase Agreement (B-Maven, Inc.), Stock Purchase Agreement (JB Clothing Corp), Stock Purchase Agreement (International Packaging & Logistics Group Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerRequisite Sellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 17 contracts
Samples: Stock Purchase Agreement (Segmentz Inc), Stock Purchase Agreement (Segmentz Inc), Stock Purchase Agreement
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyers and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 14 contracts
Samples: Asset Purchase Agreement (Synovis Life Technologies Inc), Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Aultra Gold Inc.), Asset Purchase Agreement (Dutch Gold Resources Inc), Asset Purchase Agreement (Ecoemissions Solutions Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Company and the SellerExecutive. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 10 contracts
Samples: Employment Agreement (Bell Industries Inc), Employment Agreement (Bell Industries Inc), Employment Agreement (Bell Industries Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Quixote Corp), Asset Purchase Agreement (Quixote Corp), Purchase and Sale Agreement (Ridgewood Electric Power Trust V)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Modavox Inc), Purchase Agreement (Norstan Inc), Asset Purchase Agreement (Alpha Microsystems)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Laclede Group Inc), Asset Purchase Agreement (Rako Capital Corp), Stock Purchase Agreement (Sunbelt Automotive Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 9 contracts
Samples: Asset Purchase Agreement (Baltimore Technologies PLC), Asset Purchase Agreement (Baltimore Technologies PLC), Stock Purchase Agreement (Milestone Scientific Inc/Nj)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. All waivers must be in writing.
Appears in 8 contracts
Samples: Purchase and Sale Agreement (Markwest Energy Partners L P), Purchase and Sale Agreement (Markwest Hydrocarbon Inc), Purchase and Sale Agreement (Genesis Energy Lp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Rocky Mountain Internet Inc), Stock Purchase Agreement (Seafield Capital Corp), Stock Purchase Agreement (Seafield Capital Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSeller Entities. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Uil Holdings Corp), Securities Purchase Agreement (Uil Holdings Corp), Stock Purchase Agreement (Checkfree Corp \Ga\)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerCompany. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Rainbow Technologies Inc), Stock Purchase Agreement (Research Inc /Mn/), Stock Purchase Agreement (Sun Capital Partners Ii Lp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Winsloew Furniture Inc), Stock Purchase Agreement (Winston Furniture Co of Alabama Inc), Asset Purchase Agreement (Raven Industries Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerStockholder. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Aerovox Inc), Stock Purchase Agreement (Aerovox Inc), Stock Purchase Agreement (Aerovox Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Agreement for Sale of Utility System, Asset Purchase Agreement (Trylon Corp/Mi/), Asset Purchase Agreement (Cocensys Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSellers or their respective representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Global Stevia Corp.), Stock Purchase Agreement (Synthenol Inc), Stock Purchase Agreement (Pacific Green Technologies Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Loan Sale Agreement (Centennial Bank Holdings, Inc.), Asset Sale Agreement (EOS Preferred Corp), Agreement (Third Mellennium Industries Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party of any default, misrepresentation, default or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, default or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrencewarranty.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Mity Lite Inc), Stock Purchase Agreement (Mity Lite Inc), Stock Purchase Agreement (Mity Lite Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchasers and the SellerSellers or their respective representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Cape Coastal Trading Corp), Stock Purchase Agreement (Smi Products Inc), Stock Purchase Agreement (Blink Couture Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Representative and the SellerSeller Representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Novus Robotics Inc.), Stock Purchase Agreement (Ecoland International), Stock Purchase Agreement (Sunrise Usa Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Company and the SellerDirector. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 5 contracts
Samples: Exchange Agreement (Medis Technologies LTD), Exchange Agreement (Medis Technologies LTD), Exchange Agreement (Medis Technologies LTD)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be it is in writing and signed by the Buyer Purchaser and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of a representation, warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Key Link Assets Corp.), Stock Purchase Agreement (RadTek, Inc), Stock Purchase Agreement (RJD Green, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Requisite Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Evolution Resources, Inc.), Stock Purchase Agreement (Evolution Resources, Inc.), Stock Purchase Agreement (Cumulus Media Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Callaway Golf Co), Asset Purchase Agreement (Valcor Inc), Stock Purchase Agreement (Ich Corp /De/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerShareholders. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Exchange Agreement (Orius Corp), Stock Purchase Agreement (Orius Corp), Stock Purchase Agreement (Digene Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and each of the SellerSellers. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Fields MRS Original Cookies Inc), Stock Purchase Agreement (Pretzel Time Inc), Exhibit A (Pretzel Time Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by Kendxx xxx the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Unit Purchase Agreement (Kendle International Inc), Stock Purchase Agreement (Kendle International Inc), Share Purchase Agreement (Kendle International Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Cimnet Inc/Pa), Stock Purchase Agreement (Xpedior Inc), Stock Purchase Agreement (Wintrust Financial Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Team and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Team Inc), Stock Restriction Agreement (Team Inc), Stock Purchase Agreement (Manuel E Patrick)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Blue Rhino Corp), Stock Purchase Agreement (Master Graphics Inc), Purchase and Sale Agreement (B E C Energy)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the duly authorized representatives of Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Icommerce Group Inc), Stock Purchase Agreement (Icommerce Group Inc), Stock Purchase Agreement (Icommerce Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerTarget. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Stock for Stock Exchange Agreement (Vincera, Inc.), Stock for Stock Exchange Agreement (Vincera, Inc.), Asset Purchase Agreement (Electronic Control Security Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSeller or their respective representatives. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 4 contracts
Samples: Share Purchase Agreement (Pinehurst Partners LLC), Share Purchase Agreement (Brera Holdings PLC), Share Purchase Agreement (Brera Holdings PLC)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence of such occurrencekind.
Appears in 3 contracts
Samples: Asset Sale and Purchase Agreement (GTJ REIT, Inc.), Asset Sale and Purchase Agreement (GTJ REIT, Inc.), Asset Sale and Purchase Agreement (Api Electronics Group Inc)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Employment Agreement (Us Legal Support Inc), Employment Agreement (Us Legal Support Inc), 6 Stock Purchase Agreement (Us Legal Support Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Uil Holdings Corp), Stock Purchase Agreement (Intellisys Group Inc), Stock Purchase Agreement (Intellisys Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Genesis Energy Lp), Purchase and Sale Agreement, Asset Purchase Agreement (Transgenomic Inc)
Amendments and Waivers. No amendment amendments of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyer, the Parent and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSellers. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Winsloew Furniture Inc), Stock Purchase Agreement (Winsloew Furniture Inc), Stock Purchase Agreement (Winsloew Furniture Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyers and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Ridgewood Electric Power Trust Iv), Purchase and Sale Agreement (Ridgewood Power Growth Fund /Nj), Agreement for Sale and Purchase of Membership Interests (Central Parking Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Agreement (Procom Technology Inc), Agreement (Procom Technology Inc), Agreement (Procom Technology Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchasers and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Stockgroup Information Systems Inc), Purchase Agreement (Star Scientific Inc), Stock Purchase Agreement (Hines Holdings Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Popmail Com Inc), Stock Purchase Agreement (Geokinetics Inc), Asset Purchase Agreement (Datigen Com Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be such amendment is in writing and signed by the Buyer Purchaser and the Seller. No waiver failure or delay by any Party party hereto in exercising any right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any defaultother right, misrepresentation, power or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrenceprivilege.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (M & F Worldwide Corp), Stock Purchase Agreement (Spirit Finance Corp), Stock Purchase Agreement (New York Times Co)
Amendments and Waivers. No amendment amendments or waivers of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any either Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Distribution Agreement (Memry Corp), Private Label/Distribution Agreement (Memry Corp), Distribution Agreement (Memry Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers' Representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Neoprobe Corp), Stock Purchase Agreement (Ralcorp Holdings Inc /Mo), Stock Purchase Agreement (Petroleum Place Inc)
Amendments and Waivers. No amendment of any provision of this Purchase Agreement shall be valid unless the same shall be in writing and signed by each of the Buyer and the Sellerparties hereto. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Pr Specialists Inc), Stock Purchase Agreement (Pr Specialists Inc), Stock Purchase Agreement (Pr Specialists Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the Seller. No waiver by any Party party hereto of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 3 contracts
Samples: Secured Creditor Asset Purchase Agreement (XZERES Corp.), Foreclosure Sale Agreement (Synovis Life Technologies Inc), Assignment and Assumption Agreement (Silicon Graphics International Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset and Unit Purchase Agreement (Healthequity, Inc.), Asset and Unit Purchase Agreement (Healthequity, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser, the Sellers, the Company and the SellerIMP. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Winston Furniture Co of Alabama Inc), Stock Purchase Agreement (Winsloew Furniture Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by (i) the Buyer and (ii) the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Misonix Inc), Asset Purchase Agreement (Misonix Inc)
Amendments and Waivers. No amendment amendment, modification or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Seaena Inc.), Membership Interest Purchase Agreement (Crystalix Group International Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyer, Parent, and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Purchase Agreement (Chiquita Brands International Inc), Purchase Agreement (Seneca Foods Corp /Ny/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer BUYER and the SellerSELLER. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale of Ownership Interests (Itonis Inc.), Asset Purchase and Sale Agreement (Duke Energy Field Services LLC)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and Seller. The Seller may consent to any such amendment at any time prior to the SellerClosing. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Video Display Corp), Stock Purchase Agreement (Video Display Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSellers. No waiver by any Party party hereto of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Foreclosure Sale Agreement (MultiCell Technologies, Inc.), Purchase and Sale Agreement (Nestor Inc)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent 053 default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Boston Edison Co), Purchase and Sale Agreement (Boston Edison Co)
Amendments and Waivers. No amendment amendment, modification or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Realco Inc /Nm/), Purchase Agreement (Sonus Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerShareholder or their respective representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Share Purchase Agreement (Unique Underwriters, Inc.), Share Purchase Agreement (Unique Underwriters, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless in writing and signed by Purchaser and Seller. No waiver by any Party of any provision of this Agreement or any default, misrepresentation, or breach of warranty or covenant hereunder shall be valid unless the same shall be in writing and signed by the Buyer and the SellerParty making such waiver. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent other default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrencebreach.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Jacmar Companies), Stock Purchase Agreement (Assi Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be is in writing and signed by the each Buyer and the Seller. No waiver by any Party of any provision of this Agreement or any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder under this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrencedefault, misrepresentation or breach of warranty or covenant.
Appears in 2 contracts
Samples: Purchase Agreement (Allegheny Energy Inc), Purchase Agreement (Allegheny Energy Supply Co LLC)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Company and the Seller. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (First Consulting Group Inc), Stock Purchase Agreement (First Consulting Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSeller Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Montpelier Re Holdings LTD), Stock Purchase Agreement (Gainsco Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in a writing and referring to this Agreement signed by the Buyer and the SellerSellers Representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunderunder this Agreement, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder under this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Membership Unit Purchase Agreement (Alpha NR Holding Inc), Acquisition Agreement (Alpha NR Holding Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerCompany. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Gentor Resources, Inc.), Agreement and Plan of Merger (Lpa Services Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerRequisite Target Stockholders. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Procom Technology Inc), Agreement With Target Stockholders (Electronic Control Security Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the each Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Scitex Corp LTD), Stock Purchase Agreement (Emrise CORP)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed have been approved by the Buyer Company and the SellerPurchaser. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Medarex Inc), Securities Purchase Agreement (Medarex Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and all of the SellerShareholders. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Share Purchase Agreement (MAGELLAN GOLD Corp), Share Exchange Agreement (Westmountain Index Advisor Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid effective unless the same shall be it is in writing and is signed by the Buyer Seller and the SellerPurchaser. No waiver by any Party of any default, misrepresentation, or breach provision of warranty or covenant hereunder, whether intentional or not, this Agreement shall be deemed effective unless it is in writing and is signed by the party against which enforcement is sought, and any such waiver shall be effective only for the specific instance and specific purpose it is given and shall not constitute a commitment to extend to grant any prior other, further or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrencecontinuing waiver.
Appears in 2 contracts
Samples: Stock Purchase Agreement Exhibit 3 (Getronics N V), Stock Purchase Agreement Exhibit 2 (Getronics N V)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerCompany. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or to subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Centrum Industries Inc), Asset Purchase Agreement (Centrum Industries Inc)
Amendments and Waivers. No amendment of any provision provisions of this Agreement shall be valid unless the same shall be it is in writing and signed by the Buyer and the Seller. No waiver by any Party Buyer or Seller of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Fiberstars Inc /Ca/), Asset Purchase Agreement (Fiberstars Inc /Ca/)
Amendments and Waivers. No amendment of any provision of this Purchase Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerParties. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase and Indemnification Agreement (Ski Lifts Inc), Stock Purchase and Indemnification Agreement (Fibreboard Corp /De)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any either Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Intellectual Property Purchase Agreement (Higher One Holdings, Inc.), Asset Purchase Agreement (Higher One Holdings, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer BUYER and the SellerSELLER. No waiver by any Party an party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Feel Golf Co Inc), Asset Purchase Agreement (Boxwoods, Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and each of the SellerSellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (North Face Inc), Stock Purchase Agreement (Fields MRS Original Cookies Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be is in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder under this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Innuity, Inc. /Ut/), Asset Purchase Agreement (Innuity, Inc. /Ut/)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerSellers’ Representative. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty warranty, covenant or covenant agreement hereunder or affect in any way any rights arising by virtue of any such prior or subsequent such occurrenceoccurrence unless otherwise expressly provided in writing.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder hereunder, or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Agreement for the Purchase and Sale (Eworld Interactive, Inc.), Agreement for the Purchase and Sale
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerRequisite Sellers. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentationmisrepresen tation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Geokinetics Inc), Stock Purchase Agreement (Geokinetics Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchaser and the SellerCompany. No waiver by any Party party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Wellcare Management Group Inc), Stock Purchase Agreement (Wellcare Management Group Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by both the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Sale and Purchase Agreement, Sale and Purchase Agreement (Sanitec International Sa)
Amendments and Waivers. No amendment of any provision of this Agreement shall will be valid unless the same shall be is in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall will be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder under this Agreement or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (CVSL Inc.), Asset Purchase Agreement (Intelligent Living Inc.)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any a Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Penn Treaty American Corp), Stock Purchase Agreement (Penn Treaty American Corp)
Amendments and Waivers. No amendment of any provision of this ---------------------- Agreement shall be valid unless the same shall be in writing and signed by the Buyer Buyers and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sealy Corp), Stock Purchase Agreement (Sealy Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerTarget. No waiver by any Party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Facilitation Agreement (Jacmar Companies), Facilitation Agreement (Chicago Pizza & Brewery Inc)
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Trudy Corp), Unit Purchase Agreement (Viasat Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer Purchasers and the SellerSeller or their respective representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Travel Hunt Holdings Inc), Securities Purchase Agreement (Equicap Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSeller Representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Partnership Interest Purchase Agreement (Brightpoint Inc), Exchange Agreement (Fonix Corp)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the Seller. No waiver by any Party party of any default, misrepresentation, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Asset Purchase Agreement (General Automation Inc), Asset Purchase Agreement (General Automation Inc)
Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Buyer and the SellerSellers' Representative. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Appears in 2 contracts
Samples: Purchase Agreement (Pantry Inc), Purchase Agreement (Pantry Inc)
