Common use of Amendments; Waivers Clause in Contracts

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 78 contracts

Samples: Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Form of Escrow Agreement (Resource Apartment REIT III, Inc.), Form of Subscription Escrow Agreement (American Realty Capital Healthcare Trust Inc)

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Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.

Appears in 34 contracts

Samples: Subscription Escrow Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Escrow Agreement (Steadfast Apartment REIT III, Inc.), Escrow Agreement (Apollo Infrastructure Co LLC)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 31 contracts

Samples: Escrow Agreement (Clarion Property Trust Inc.), Escrow Agreement (Clarion Partners Property Trust Inc.), Form of Escrow Agreement (Clarion Property Trust Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 30 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Coolbrands International Inc), Asset Purchase Agreement (Information Holdings Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 28 contracts

Samples: Purchase Agreement (Level 3 Communications Inc), Agreement and Plan of Merger (Broadview Networks Holdings Inc), Asset Purchase Agreement (P&f Industries Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 14 contracts

Samples: Contribution Agreement (Synergy CHC Corp.), Share Purchase Agreement (Synergy CHC Corp.), Stock Purchase Agreement (Synergy CHC Corp.)

Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager agree agrees that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.

Appears in 11 contracts

Samples: Subscription Escrow Agreement (Corporate Property Associates 17 - Global INC), Subscription Escrow Agreement (FundCore Institutional Income Trust Inc.), Escrow Agreement (Precise Acquisition, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager Managers agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 11 contracts

Samples: Subscription Escrow Agreement (GK Investment Holdings, LLC), Subscription Escrow Agreement (Bluerock Residential Growth REIT, Inc.), Subscription Escrow Agreement (GK Investment Holdings, LLC)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 10 contracts

Samples: Escrow Agreement (San Holdings Inc), Agreement for Subscription (Trans Century Resources Inc), Amended Escrow Agreement (Vendingdata Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 9 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Wave Systems Corp), Asset Purchase Agreement (WorldSpace, Inc)

Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 9 contracts

Samples: Escrow Agreement (MCF Corp), Escrow Agreement (Usa Capital First Trust Deed Fund LLC), Escrow Agreement (Usa Capital First Trust Deed Fund LLC)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 8 contracts

Samples: Form of Escrow Agreement (REITPlus, Inc.), Form of Escrow Agreement (REITPlus, Inc.), Escrow Agreement (REITPlus, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Cable & Wireless Public Limited Co), Asset Purchase Agreement (Savvis Communications Corp), Asset Purchase Agreement (Toledo Edison Co)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree agrees that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 8 contracts

Samples: Escrow Agreement (Oaktree Real Estate Income Trust, Inc.), Subscription Escrow Agreement (GLADSTONE LAND Corp), Subscription Escrow Agreement (Gladstone Commercial Corp)

Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager Placement Agent agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.

Appears in 8 contracts

Samples: Escrow Agreement (ICC Holdings, Inc.), Subscription Escrow Agreement (Hebron Technology Co., LTD), Escrow Agreement (NI Holdings, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any a condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 7 contracts

Samples: Marketing Agreement (Phoenix International LTD Inc), Marketing Agreement (Phoenix International LTD Inc), License and Distribution Agreement (Phoenix International LTD Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Haynes International Inc), Asset Purchase Agreement (Caseys General Stores Inc), Asset Purchase Agreement (Caseys General Stores Inc)

Amendments; Waivers. This Agreement may not be amended or modified, modified unless such amendment or modification is in writing and any signed by all of the parties to this Agreement. The terms, covenants, representations, warranties, or conditions hereof of this Agreement may only be waived, only by a written instrument executed by the parties hereto, or waived in the case of a waiver, by the party waiving compliancewriting. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 4 contracts

Samples: Exchange Agreement (Standard Gold), Exchange Agreement (Uron Inc), Agreement and Plan of Merger and Reorganization (Uron Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Sturm Ruger & Co Inc), Asset Purchase Agreement (Clarus Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 4 contracts

Samples: Subscription Escrow Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Subscription Escrow Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Subscription Escrow Agreement (Lightstone Real Estate Income Trust Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and the Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Colony Financial, Inc.), Share Purchase Agreement (Colony Financial, Inc.), Asset Purchase Agreement (Colony Financial, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Commercial Metals Co), Stock Purchase Agreement (Mueller Industries Inc), Agreement and Plan of Merger (Jupitermedia Corp)

Amendments; Waivers. This Agreement may be amended or -------------------- modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc)

Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be be, nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Escrow Agreement. The Company and the Dealer Manager Selling Agent agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Escrow Agreement (MVP REIT II, Inc.), Escrow Agreement (MVP REIT II, Inc.), Escrow Agreement (MVP REIT II, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Escrow Agreement (Cygnet Financial Corp), Escrow Agreement (Bright Technologies Com Inc), Escrow Agreement (Cygnet Financial Corp)

Amendments; Waivers. This Agreement may be amended or modified, -------------------- and any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 3 contracts

Samples: Purchase Agreement (American Leisure Holdings, Inc.), Purchase Agreement (American Leisure Holdings, Inc.), Stock Purchase Agreement (American Leisure Holdings, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument duly executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Automotive Finance Corp), Stock Purchase Agreement (Automotive Finance Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Stock Redemption Agreement (Haynes International Inc), Asset Purchase Agreement (Top Source Technologies Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, term or warranty covenant contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, term or warranty covenant of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: 2 Registration Rights Agreement (Boston Private Bancorp Inc), Registration Rights Agreement (Boston Private Financial Holdings Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoPurchaser and Sellers, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Asset Purchase Agreement (School Specialty Inc), Asset Purchase Agreement (School Specialty Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Seller, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sito Mobile, Ltd.), Asset Purchase Agreement (Hipcricket, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Termination Agreement (Floridian Financial Group Inc), Retirement Agreement (Bankunited Financial Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoISG, Buyer and Parent, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Bethlehem Steel Corp /De/)

Amendments; Waivers. This Agreement may only be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may only be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, executed by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Famco Ii Liability Co & Family Financial Strategies Inc), Stock Purchase Agreement (Telident Inc /Mn/)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and each of the other Parties, or in the case of a waiver, by the party any Party, as applicable, waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Securities Purchase Agreement (P10, Inc.), Securities Purchase Agreement (P10, Inc.)

Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager Underwriter agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Subscription Escrow Agreement (General Agriculture Corp), Subscription Escrow Agreement (Dogness (International) Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.Section 12.8

Appears in 2 contracts

Samples: Asset Purchase Agreement (Magellan Health Services Inc), Asset Purchase Agreement (Magellan Health Services Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Subscription Escrow Agreement (United Realty Trust Inc), Subscription Escrow Agreement (United Realty Trust Inc)

Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 2 contracts

Samples: Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc)

Amendments; Waivers. This Agreement may be amended or modified, and ------------------- any of the termsterm, covenantscovenant, representationsrepresentation, warranties, warranty or conditions condition hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, condition or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Paragon Trade Brands Inc

Amendments; Waivers. This Agreement may not be amended or modified, modified unless such amendment or modification is in writing and any signed by all of the Parties to this Agreement. The terms, covenants, representations, warranties, or conditions hereof of this Agreement may only be waived, only by a written instrument executed by the parties hereto, or waived in the case of a waiver, by the party waiving compliancewriting. Any waiver by any party of any condition, or of the breach Breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dauphin Technology Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovision, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Exhibit 10d Exchange Agent Agreement (MFN Financial Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be be, nor construed as as, a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Stock Purchase Agreement (Broadview Networks Holdings Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any either party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Inventory Purchase Agreement (Mueller Industries Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any conditionconditions, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Escrow Agreement (Badger State Ethanol LLC)

Amendments; Waivers. This Agreement may be amended amended, modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the both parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Publicard Inc)

Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Loral Cyberstar Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Tels Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Seller, or in the case of a waiver, by the party hereto waiving compliance. Any waiver by any party hereto of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Seneca Foods Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions provisions hereof may be waived, only by a written instrument executed by each of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty provision of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Amendments; Waivers. This Agreement may be amended or modifiedmodified only by a written instrument executed by Buyer and Seller, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, waived only by a written instrument executed by the parties hereto, or in Party entitled to the case of a waiver, by the party waiving compliancebenefit thereof. Any waiver by any party such Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iteris, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver waiver, of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Escrow Agreement (American Card Technology Inc)

Amendments; Waivers. This Letter Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and each of the Sellers, or in the case of a waiver, by the party any party, as applicable, waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Letter Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Letter Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Letter Agreement (P10, Inc.)

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Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this the Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this the Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Escrow Agreement (Nine Mile Software, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company Issuer and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Prospect Capital Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company All rights shall be cumulative and non-exclusive and shall survive the Dealer Manager agree that any requested waiver, modification or amendment termination of this Agreement shall be consistent with for the terms period of the Offeringapplicable statute of limitations.

Appears in 1 contract

Samples: Asset Purchase and Software License Agreement (Wasatch Education Systems Corp /Ut/)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Sellers, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Weirton Steel Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party Party of any a condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Marketing Agreement (Phoenix International LTD Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Share Purchase Agreement (Colony Capital, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParties, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, Company and Optionholder or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Stock Purchase Agreement (Flowers Foods Inc)

Amendments; Waivers. This Agreement may be amended or modifiedmodified only by a written instrument executed by the Buyer and Sellers, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, waived only by a written instrument executed by the parties hereto, or in Party entitled to the case of a waiver, by the party waiving compliancebenefit thereof. Any waiver by any party such Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iteris, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParty, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Phaserx, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and ------------------- any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Stock Purchase Agreement (American Leisure Holdings, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by Parent, Merger Sub, the parties heretoCompany and the Equityholders’ Representative, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hampshire Group LTD)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoISG, Buyer and Parent, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.57

Appears in 1 contract

Samples: Asset Purchase Agreement (International Steel Group Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by all of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (SFX Entertainment Inc)

Amendments; Waivers. This Agreement may be amended or modified, and -------------------- any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by all of the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.[Signature Page Follows]

Appears in 1 contract

Samples: Option Exercise Agreement (American Leisure Holdings, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: LLC Interest Purchase Agreement (Medcath Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovisions, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Warrant Offering Agreement (Covanta Holding Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParties, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall is not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magellan Midstream Partners Lp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and Notwithstanding the Dealer Manager agree that any requested waiverforegoing, modification or no amendment of this Agreement any provision and no waiver by the Company of any provision shall be consistent with effective without the terms consent of the OfferingOCC.

Appears in 1 contract

Samples: Stock Purchase Agreement (Terra Industries Inc)

Amendments; Waivers. This Agreement may be amended amended, ------------------- modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sypris Solutions Inc)

Amendments; Waivers. This Agreement may not be amended or modified, modified unless such amendment or modification is in writing and any signed by all of the Parties to this Agreement. The terms, covenants, representations, warranties, or conditions hereof of this Agreement may only be waived, only by a written instrument executed by the parties hereto, or waived in the case of a waiver, by the party waiving compliancewriting. Any waiver by any party of any condition, condition or of the breach Breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Contribution Agreement (Millennium Electronics Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof of this Agreement may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Uniroyal Technology Corp)

Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (P&f Industries Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by all of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Purchase Agreement (West Corp)

Amendments; Waivers. This Agreement may be amended amended, modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Stock and Asset Purchase and Sale Agreement (Group Technologies Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Escrow Agreement (TNP Strategic Retail Trust, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Share Purchase Agreement (Global Technovations Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and each Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Colony Financial, Inc.)

Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovisions, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the any party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Trust and Disbursing Agreement (Washington Group International Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the provisions, terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Subscription Escrow Agreement (United Realty Trust Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree Issuer agrees that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Prospect Capital Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hampshire Group LTD)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or of more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of to the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Escrow Agreement (Paladin Realty Income Properties Inc)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoPurchaser and Seller, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Membership Unit Purchase Agreement (Aar Corp)

Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Sellers’ Representative, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.

Appears in 1 contract

Samples: Asset Purchase Agreement

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