Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Aquestive Therapeutics, Inc.), Purchase and Sale Agreement (MEI Pharma, Inc.), Purchase and Sale Agreement (Arbutus Biopharma Corp)

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Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Lawlaw.

Appears in 4 contracts

Samples: Residual Royalty Agreement (Veru Inc.), Purchase and Sale Agreement (SWK Holdings Corp), Synthetic Royalty Agreement (Acer Therapeutics Inc.)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Royalty Pharma PLC), Purchase and Sale Agreement (Royalty Pharma PLC), Purchase and Sale Agreement (Royalty Pharma PLC)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties heretoCompany and the Investor Representative. No failure or delay by either party Party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 3 contracts

Samples: Revenue Interest Financing Agreement (Karyopharm Therapeutics Inc.), Revenue Interest Financing Agreement (Spero Therapeutics, Inc.), Revenue Interest Financing Agreement (Chiasma, Inc)

Amendments; No Waivers. Neither this Purchase and Sale This Agreement nor or any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with if, and only if, such amendment, supplement, restatement, change or modification is in writing and signed by both the written consent Company and the Investor, or in the case of a waiver signed by the parties heretoParty against whom the waiver is to be effective. No failure or delay by either party Party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 2 contracts

Samples: Revenue Interest Financing Agreement (Allurion Technologies, Inc.), Revenue Interest Financing Agreement (Compute Health Acquisition Corp.)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No waiver of any right hereunder shall be effective unless such waiver is signed in writing by the party hereto against whom such waiver is sought to be enforced. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Lawlaw.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (PDL Biopharma, Inc.), Purchase and Sale Agreement (Biocryst Pharmaceuticals Inc)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable applicable Law.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Alnylam Pharmaceuticals, Inc.), Purchase and Sale Agreement (Macrogenics Inc)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties heretoParties. No failure or delay by either party hereto any Party in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto any Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Atara Biotherapeutics, Inc.), Purchase and Sale Agreement (Nektar Therapeutics)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed changed, or modified except with the written consent of the parties heretoParties. No failure or delay by either party hereto Party in exercising any right, power 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 other right, power power, or privilege. No notice to or demand on either party hereto Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable applicable Law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mannkind Corp)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, restated, amended and restated, supplemented, restated, waived, changed or modified or terminated except with the written consent of the parties heretoCompany and the Investor Representative. No failure or delay by either party Party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided hereinset forth in Section 10.5, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 1 contract

Samples: Revenue Interest Financing Agreement (Liquidia Corp)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed changed, or modified except with the written consent of the parties heretoParties. No failure or delay by either party hereto Party in exercising any right, power 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 other right, power power, or privilege. No notice to or demand on either party hereto Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable applicable Law.. Section 10.13

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ovid Therapeutics Inc.)

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Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties Parties hereto. No failure or delay by either party Party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Portola Pharmaceuticals Inc)

Amendments; No Waivers. Neither this Purchase and Sale Security Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties heretoSecured Party and each Individual Grantor. No failure or delay by either party hereto the Secured Party or any Individual Grantor in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto the Secured Party or any Individual Grantor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 1 contract

Samples: Security Agreement (Spero Therapeutics, Inc.)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the Parties, and, with respect to any amendment, supplement, restatement, waiver, change or modification of Section 5.4, Article VI, Section 8.6, Section 8.8and Article IX, with the written consent of all parties hereto. No failure or delay by either any party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Lawlaw.

Appears in 1 contract

Samples: Purchase and Sale Agreement (PERRIGO Co PLC)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable applicable Law.. Section 10.11

Appears in 1 contract

Samples: Purchase and Sale Agreement (Anaptysbio, Inc)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties heretoParties. No failure or delay by either party hereto Party in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Nektar Therapeutics)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties hereto. No failure or delay by either party hereto in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Lawlaw.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pozen Inc /Nc)

Amendments; No Waivers. Neither this Purchase and Sale Agreement nor any term or provision hereof may be amended, supplemented, restated, waived, changed or modified except with the written consent of the parties heretoParties. No failure or delay by either party hereto Party in exercising any right, power 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 other right, power or privilege. No notice to or demand on either party hereto Party in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval hereunder shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. Except as expressly provided herein, the The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable applicable Law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sutro Biopharma, Inc.)

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