Common use of Amendments; Waivers Clause in Contracts

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 369 contracts

Samples: Common Stock and Warrant Purchase Agreement, Securities Purchase Agreement (Boston Therapeutics, Inc.), Securities Purchase Agreement (Advaxis, Inc.)

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Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 87 contracts

Samples: Securities Purchase Agreement (Reach Messaging Holdings, Inc.), Securities Purchase Agreement (PASSUR Aerospace, Inc.), Securities Purchase Agreement (Wizzard Software Corp /Co)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 86 contracts

Samples: Securities Purchase Agreement (Leader Capital Holdings Corp.), Securities Purchase Agreement (Leader Capital Holdings Corp.), Securities Purchase Agreement (Leader Capital Holdings Corp.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchaser, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 61 contracts

Samples: Securities Purchase Agreement (Iwt Tesoro Corp), Restricted Equity Purchase Agreement (Innuity, Inc. /Ut/), Sicav One Securities Purchase Agreement (Nano Chemical Systems Holdings, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 54 contracts

Samples: Securities Purchase Agreement (Ault Global Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall will be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall will any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 49 contracts

Samples: Agreement (Camber Energy, Inc.), Stock Purchase Agreement (Camber Energy, Inc.), Stock Purchase Agreement (Beyond Commerce, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 47 contracts

Samples: Securities Purchase Agreement (Cytrx Corp), Securities Purchase Agreement (Lehman Brothers Holdings Inc), Securities Purchase Agreement (Alteon Inc /De)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 44 contracts

Samples: Securities Purchase Agreement (Cosmos Holdings Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 36 contracts

Samples: Securities Purchase Agreement (Chron Organization, Inc.), Registration Rights Agreement (Immunomedics Inc), Stock Purchase Agreement (Immunomedics Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 32 contracts

Samples: Convertible Preferred Stock Purchase Agreement (E Digital Corp), Convertible Preferred Stock Purchase Agreement (E Digital Corp), Convertible Note Purchase Agreement (Stockgroup Com Holdings Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 27 contracts

Samples: Securities Purchase Agreement (Health Discovery Corp), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall will be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall will any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Investors or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 19 contracts

Samples: Note Purchase Agreement (Array Biopharma Inc), Securities Purchase Agreement (Zoo Entertainment, Inc), Securities Purchase Agreement (Zoo Entertainment, Inc)

Amendments; Waivers. No provision of this Agreement the Transaction Documents may be waived waived, modified, supplemented or amended except in by means of a written instrument agreement signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a subject to such waiver, by the party against whom enforcement of any such waiver is soughtmodification, supplement or amendment. No waiver of any default with respect to any provision, condition or requirement of this Agreement the Transaction Documents shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereofthereof, nor shall any delay or omission of either any party to exercise any right hereunder thereunder in any manner impair the exercise of any such right.

Appears in 18 contracts

Samples: Securities Purchase Agreement (Cardax, Inc.), Securities Purchase Agreement (Cardax, Inc.), Series a Preferred Stock Purchase Agreement (Cardax, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 17 contracts

Samples: Series B Securities Purchase Agreement (Health Discovery Corp), Securities Purchase Agreement (Health Discovery Corp), Securities Purchase Agreement (Cel Sci Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Seaside or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 17 contracts

Samples: Common Stock Purchase Agreement (Cytori Therapeutics, Inc.), Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock Purchase Agreement (Mannkind Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchasers, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 15 contracts

Samples: Preferred Stock Purchase Agreement (Return Assured Inc), Preferred Stock Purchase Agreement (Hertz Technology Group Inc), Convertible Debenture Purchase Agreement (Invu Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchasers; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 14 contracts

Samples: Purchase Agreement (Collegiate Pacific Inc), Convertible Debenture Purchase Agreement (Vitech America Inc), Convertible Preferred Stock Purchase Agreement (Psinet Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Investors or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 14 contracts

Samples: Securities Purchase Agreement (ParcelPal Logistics Inc.), Securities Purchase Agreement (StoneCastle Financial Corp.), Securities Purchase Agreement (NanoVibronix, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser orthe Investor, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 14 contracts

Samples: Exchange Agreement (Auto Parts 4Less Group, Inc.), Series D Exchange Agreement (Zerify, Inc.), Exchange Agreement (Creatd, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each of the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Wave Systems Corp), Securities Purchase Agreement (Isco International Inc), Securities Purchase Agreement (Surge Global Energy, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company Seller and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 11 contracts

Samples: Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Exactus, Inc.), Share Purchase Agreement (Results Based Outsourcing Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investors or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 9 contracts

Samples: Stock Subscription and Registration Rights Agreement, Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 9 contracts

Samples: Registration Rights Agreement (Utz Brands, Inc.), Purchase Agreement, Securities Purchase Agreement (Passport Restaurants, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Loton, Corp), Stock Purchase Agreement (Loton, Corp), Stock Purchase Agreement (Loton, Corp)

Amendments; Waivers. No provision of this Agreement or any other Transaction Document (other than each Non-Disclosure Agreement) may be waived waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each Purchaser or, the Purchasers holding at least a majority in interest of the case of a waiver, by the party against whom enforcement of any such waiver is soughtShares then outstanding. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Pure Bioscience, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendmentamendments, by the Company Company, and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 8 contracts

Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 8 contracts

Samples: Stock Purchase Agreement (VBI Vaccines Inc/Bc), Stock Purchase Agreement (VBI Vaccines Inc/Bc), Preferred Stock Purchase Agreement (Netreit, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be is deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereofrequirement, nor shall does any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such the right.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company Seller and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Greenhold Group Inc), Stock Purchase Agreement (Greenhold Group Inc), Stock Purchase Agreement (Greenhold Group Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Borrower or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 7 contracts

Samples: Convertible Preferred Stock Purchase Agreement (VeriChip CORP), Securities Purchase Agreement (GetFugu, Inc.), Stock Loan Agreement (Sparta Commercial Services, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchaser, or, in the case of a waiver, by the party against whom enforcement enforce-ment of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement require-ment of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 7 contracts

Samples: Sicav Two Securities Purchase Agreement (IsoRay, Inc.), Sicav One Securities Purchase Agreement (IsoRay, Inc.), Convertible Debenture Purchase Agreement (Global It Holdings Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Consultant, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 7 contracts

Samples: Consulting Agreement (Game Plan Holdings, Inc.), Consulting Agreement (Meta Gold, Inc.), Consulting Agreement (Navitrak International CORP)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 7 contracts

Samples: Securities Purchase Agreement (GigOptix, Inc.), Securities Purchase Agreement (Beacon Enterprise Solutions Group Inc), Securities Purchase Agreement (You on Demand Holdings, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Holder or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 6 contracts

Samples: Registration Rights Agreement Convertible Note (Spy Inc.), Registration Rights Agreement Convertible Note (Spy Inc.), Registration Rights Agreement Convertible Note (Spy Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Director or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default breach with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default breach or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 6 contracts

Samples: Independent Director's Agreement (FORM Holdings Corp.), Independent Director's Agreement (VerifyMe, Inc.), Independent Director’s Agreement (Laserlock Technologies Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by all the Company and each Purchaser parties; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Celsius Holdings, Inc.), Common Stock Purchase Agreement (Celsius Holdings, Inc.), Securities Exchange Agreement (PAWS Pet Company, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement a waiver of any such waiver provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 6 contracts

Samples: Investor Subscription Agreement, Investor Subscription Agreement (Arrowhead Research Corp), Investor Subscription Agreement (Arrowhead Research Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser orthe Purchaser, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Barfresh Food Group Inc.), Securities Purchase Agreement (Barfresh Food Group Inc.), Securities Purchase Agreement (Barfresh Food Group Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 5 contracts

Samples: Convertible Debenture Purchase Agreement (Calypte Biomedical Corp), Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, the Investor or in the case of a waiver, by the party against whom enforcement of any such the waiver is soughtto be effective. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Dialog Semiconductor PLC)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 5 contracts

Samples: Private Placement Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc), Right of First Offer Agreement (Kingsway Financial Services Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Buyer or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp)

Amendments; Waivers. No provision of this Agreement may be waived -------------------- or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Holder; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 5 contracts

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

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement require ment of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 5 contracts

Samples: Purchase Agreement (Premier Laser Systems Inc), Convertible Note Purchase Agreement (Universal Broadband Networks Inc), Convertible Debenture Purchase Agreement (Premier Laser Systems Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser by Lenders holding at least 75% of the Commitments; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 5 contracts

Samples: Third Amended And (Isco International Inc), Second Amended And (Isco International Inc), August 2008 Loan Agreement (Isco International Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Target Company and each Purchaser Xxxxxxx, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Human Biosystems Inc), Stock Purchase Agreement (Sk Technologies Corp), Stock Purchase Agreement (Quintek Technologies Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party Party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 5 contracts

Samples: Share Purchase Agreement (Lorus Therapeutics Inc), Share Purchase Agreement (Lorus Therapeutics Inc), Registration Rights Agreement (Lorus Therapeutics Inc)

Amendments; Waivers. No provision of this Agreement may be waived or -------------------- amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cytogen Corp), Securities Purchase Agreement (China World Trade Corp), Securities Purchase Agreement (Elinear Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 4 contracts

Samples: Equity Line Purchase Agreement (Health Sciences Group Inc), Exchange and Redemption Agreement (Hearx LTD), Equity Line Purchase Agreement (Jag Media Holdings Inc)

Amendments; Waivers. No provision of this Agreement may be waived waived, modified, supplemented or amended except in by means of a written instrument agreement signed, in the case of an amendment, by the Company and each Purchaser or, in of the case of a Purchasers subject to such waiver, by the party against whom enforcement of any such waiver is soughtmodification, supplement or amendment. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Subscription Agreement (Cardax, Inc.), Subscription Agreement (Cardax, Inc.), Subscription Agreement (Cardax, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchaser; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.right accruing to it thereafter. 4.5

Appears in 4 contracts

Samples: Convertible Preferred Stock Purchase Agreement (I Link Inc), Convertible Preferred Stock Purchase Agreement (I Link Inc), Convertible Preferred Stock Purchase Agreement (Tanisys Technology Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Secured Convertible Note and Warrant Purchase Agreement (Bulova Technologies Group, Inc.), Note Purchase Agreement (Umami Sustainable Seafood Inc.), Note and Warrant Purchase Agreement (Nexgen Biofuels LTD)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor or, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Texxar Inc), Stock Purchase Agreement (Wilon Energy Group Inc), Stock Purchase Agreement (Spongetech Delivery Systems Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Medix Resources Inc), Securities Purchase Agreement (Health Discovery Corp), Securities Purchase Agreement (Health Discovery Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Target Company and each Purchaser Seaside, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Molecular Diagnostics Inc), Stock Purchase Agreement (Fastfunds Financial Corp), Stock Purchase Agreement (Secured Diversified Investment LTD)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by each of the Company and each Purchaser orparties hereto, or in the case of a waiver, by the party against whom enforcement of any such the waiver is soughtto be effective. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (NuZee, Inc.), Securities Purchase Agreement (Rockwell Medical, Inc.), Securities Purchase Agreement (ViewRay, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, signed by each of the parties hereto and no provision of this Agreement may be waived except in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, written instrument signed by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereofhereof or thereof, nor shall any delay or omission of either any party to exercise any right hereunder or thereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 4 contracts

Samples: Registration Rights Agreement (NCT Group Inc), Registration Rights Agreement (NCT Group Inc), Securities Exchange Agreement (NCT Group Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each of the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investors or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Thomas Properties Group Inc), Securities Purchase Agreement (OccuLogix, Inc.), Securities Purchase Agreement (OccuLogix, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement (Lapis Technologies Inc), Warrant Purchase Agreement (Umami Sustainable Seafood Inc.), Note and Warrant Purchase Agreement (Lapis Technologies Inc)

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Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Neotherapeutics Inc), Securities Purchase Agreement (Digital Biometrics Inc), Securities Purchase Agreement (Digital Biometrics Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement a waiver of any such waiver provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Biosource International Inc), Securities Purchase Agreement (Biosource International Inc), Securities Purchase Agreement (Biosource International Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Purchaser, or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.), Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition condition, or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser orthe Investor, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party Party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (FC Global Realty Inc), Supplemental Agreement (FC Global Realty Inc), Cancellation and Exchange Agreement (FC Global Realty Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Parties or, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party Party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp), Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp), Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Advisor, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Advisory Agreement (Q BioMed Inc.), Advisory Agreement (ISMO Tech Solutions, Inc.), Advisory Agreement (ISMO Tech Solutions, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such the waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Chatsworth Data Solutions, Inc.), Common Stock and Warrant Purchase Agreement (Adera Mines LTD), Common Stock and Warrant Purchase Agreement (Chatsworth Data Solutions, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Parties or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Operating Agreement, Area Development Agreement (Harrison Vickers & Waterman Inc), Joint Venture Agreement (Attitude Drinks Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchasers or, in the case of a waiver, by the party against whom enforcement a waiver of any such waiver provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Securities Purchase Agreement (RXi Pharmaceuticals Corp), Investor Subscription Agreement (Galena Biopharma, Inc.), Investor Subscription Agreement (Galena Biopharma, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Purchase Agreement (Trim Holding Group), Securities Purchase Agreement (Theater Xtreme Entertainment Group, Inc), Securities Purchase Agreement (Theater Xtreme Entertainment Group, Inc)

Amendments; Waivers. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each Purchaser Parties or, in the case of a waiver, by the party Party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Lifelogger Technologies Corp), Securities Purchase Agreement (Lifelogger Technologies Corp), Securities Purchase Agreement (Lifelogger Technologies Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendmentamendments, by the Company and each Purchaser Lender, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Loan Agreement (Universal Property Development & Acquisition Corp), Loan Agreement (Pipeline Data Inc), Loan Agreement (Universal Property Development & Acquisition Corp)

Amendments; Waivers. No provision of this Agreement may be waived waived, modified, supplemented, or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each Purchaser or, in a majority-in-interest of the case Principal Amount of a Notes outstanding as of the date of such waiver, by the party against whom enforcement of any such waiver is soughtmodification, supplement, or amendment. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Purchaser, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Palatin Technologies Inc), Preferred Stock Purchase Agreement (Substance Abuse Technologies Inc), Registration Rights Agreement (Playnet Technologies Inc)

Amendments; Waivers. No provision of this Agreement may be ------------------- waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Convertible Debenture Purchase Agreement (Aquatic Cellulose International Corp), Convertible Debenture Purchase Agreement (Sonic Foundry Inc), Convertible Preferred Stock Purchase Agreement (Dataware Technologies Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Parties or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement (Hpil Holding), Redemption and Assignment Agreement (Trim Holding Group), Recission Agreement (Trim Holding Group)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Lender or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall will be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall will any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Security Agreement (Camber Energy, Inc.), Securities Purchase Agreement (Beyond Commerce, Inc.), Securities Purchase Agreement (Beyond Commerce, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each Purchaser orthe Purchasers holding, in together, a majority of the case Shares and Warrant Shares (assuming for such purpose the exercise or conversion of a waiver, by the party against whom enforcement of any such waiver is soughtall outstanding Warrants into Warrant Shares). No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

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

Amendments; Waivers. No provision of Except as otherwise provided herein, this Agreement shall not be changed, modified or amended except by a writing signed by the parties to be charged, and this Agreement may not be waived discharged except by performance in accordance with its terms or amended except in by a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, writing signed by the party against whom enforcement of any such waiver is soughtto be charged. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Subscription Agreement (Spectrascience Inc), Subscription Agreement (Spectrascience Inc), Subscription Agreement (Spectrascience Inc)

Amendments; Waivers. No provision of this Agreement may be ------------------- waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser the Purchaser, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Wolfpack Corp), Common Stock Purchase Agreement (Racom Systems Inc), Wolfpack Corp

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company Company, Bontems and each Purchaser Buyer or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Universal Fog Inc), Securities Purchase Agreement (Universal Fog Inc), Securities Purchase Agreement (Universal Fog Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Immunogen Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company AHL and each Purchaser AGM or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Transaction Agreement (Apollo Global Management, Inc.), Transaction Agreement (Athene Holding LTD)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by all of the Company and each Purchaser parties hereto or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Note and Warrant Amendment Agreement (Workstream Inc), Note and Warrant Amendment Agreement (Workstream Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser parties or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Astea International Inc), Preferred Stock Purchase Agreement (Astea International Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, the Holder or in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Agreement Between Lithium (Lithium Exploration Group, Inc.), Agreement Between Lithium (Lithium Exploration Group, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendmentamendments, by the Company and each Purchaser Lender, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.. 5.5

Appears in 2 contracts

Samples: Loan Agreement (Continental Fuels, Inc.), Loan Agreement (Universal Property Development & Acquisition Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Buyer, or, in the case of a waiver, by the party against whom enforcement enforce-ment of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement require-ment of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either a party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp)

Amendments; Waivers. No provision of this Agreement may be waived waived, modified, supplemented, or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each Purchaser or, in a majority-in-interest of the case Principal Amount of a Notes outstanding as of the date of such waiver, by the party against whom enforcement of any such waiver is soughtmodification, supplement, or amendment. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition condition, or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Endexx Corp), Convertible Note Purchase Agreement (Endexx Corp)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company Corporation and each the Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

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

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Securities Purchase Agreement (China Lodging Group, LTD), Securities Purchase Agreement (China Lodging Group, LTD)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Majority Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Purchase Agreement (Cambridge Heart Inc), Securities Purchase Agreement (Novatel Wireless Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company Borrower and each Purchaser the Lender or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Loan and Securities Purchase Agreement (Aerogen Inc), Loan and Securities Purchase Agreement (Aerogen Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser the Investor or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right. Notwithstanding the foregoing, a waiver or consent to depart from the provisions hereof with respect to a matter that relates exclusively to the rights of Investor under Article VI may be given by the Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser of the Purchasers; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (PLC Systems Inc), Convertible Debenture Purchase Agreement (PLC Systems Inc)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser parties, or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Securities Exchange Agreement (Gme Innotainment, Inc.), Securities Exchange Agreement (Gme Innotainment, Inc.)

Amendments; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser Party hereto, or, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party any Party to exercise any right hereunder in any manner impair the exercise of any such right.

Appears in 2 contracts

Samples: Non Competition Agreement, Non Competition Agreement (Accor)

Amendments; Waivers. No provision of this Agreement may be waived or ------------------- amended except in a written instrument signed, in the case of an amendment, by both the Company and each Purchaser of the Purchasers or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pacific Aerospace & Electronics Inc), Securities Purchase Agreement (Level 8 Systems Inc)

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