Common use of Changes, Waivers, Etc Clause in Contracts

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 30 contracts

Samples: Security Agreement (Air T Inc), Warrant and License Agreement (Accretive Health, Inc.), Securities Purchase Agreement (Internet America Inc)

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Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Granite City Food & Brewery Ltd.), Stock Purchase Agreement (Great Lakes Aviation LTD), Stock Purchase Agreement (Great Lakes Aviation LTD)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but rather may only be changed by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. It is agreed that a waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach by that same party.

Appears in 8 contracts

Samples: Purchase Agreement (Milestone Scientific Inc/Nj), Purchase Agreement (Milestone Scientific Inc/Nj), Shareholders' Agreement (Adstar Com Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision provisions hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing writing, signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 7 contracts

Samples: Bridge Note Purchase Agreement, Bridge Note Purchase Agreement (Inspire Medical Systems, Inc.), Bridge Note Purchase Agreement (Inspire Medical Systems, Inc.)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, amended, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 5 contracts

Samples: Agreement (Childrens Broadcasting Corp), Agreement (Childrens Broadcasting Corp), Agreement (Childrens Broadcasting Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof of this Agreement may be changed, waived, discharged or terminated orally, but rather may only be changed by a statement in writing signed by the party Party against which enforcement of the change, waiver, discharge or termination is sought. It is agreed that a waiver by either Party of a breach of any provision of this Agreement will not operate, or be construed, as a waiver of any subsequent breach by that same Party.

Appears in 5 contracts

Samples: System and Lead Development and Transfer Agreement (Mri Interventions, Inc.), System and Lead Development and Transfer Agreement (Mri Interventions, Inc.), System and Lead Development and Transfer Agreement (Surgivision Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party Party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 4 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (Digi International Inc), Note Purchase Agreement (Digi International Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision --------------------- hereof may be amended, changed, waived, discharged or terminated orally, but only except by a statement in writing which references this Agreement and is signed by the party against which whom enforcement of the amendment, change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Agreement for Purchase and Sale (Artest Corp), Agreement for Purchase and Sale (Artest Corp), Agreement for Purchase and Sale (Artest Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 15 hereof.

Appears in 3 contracts

Samples: Convertible Debenture Purchase Agreement (Wireless Ronin Technologies Inc), Convertible Debenture Purchase Agreement (Wireless Ronin Technologies Inc), Stock Purchase Agreement (Discus Acquisition Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be amended, changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Mihaylo Steven G), Securities Purchase Agreement (Internet America Inc), Securities Purchase Agreement (Internet America Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 14 hereof.

Appears in 3 contracts

Samples: Series D Stock Purchase Agreement (Life Time Fitness Inc), Stock Purchase Agreement (Life Time Fitness Inc), Stock Purchase Agreement (Life Time Fitness Inc)

Changes, Waivers, Etc. Neither Except as provided in Section 10.6, neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Gander Mountain Co), Stock Purchase Agreement (Gander Mountain Co), Stock Purchase Agreement (Gander Mountain Co)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 15.1.

Appears in 3 contracts

Samples: H Power (H Power Corp), H Power (H Power Corp), H Power Corp (H Power Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof thereof may be changed, amended, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Purchase Agreement (Childrens Broadcasting Corp), Purchase Agreement (Harmony Holdings Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof thereof may be changed, amended, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Childrens Broadcasting Corp), Stock Purchase Agreement (Childrens Broadcasting Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but rather may only be changed by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Empire Financial Holding Co), Stock Purchase Agreement (Redwood Broadcasting Inc)

Changes, Waivers, Etc. Neither this Agreement agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 14.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Orphan Medical Inc), Stock Purchase Agreement (Ubs Capital Ii LLC)

Changes, Waivers, Etc. Neither this Agreement nor any term or provision hereof may be changed, waived, discharged or terminated orally, but only by a statement an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Mutual Exclusivity Agreement (Ashford Hospitality Trust Inc), Development Agreement (Ashford Hospitality Prime, Inc.)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 12(b).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sparta Foods Inc), Exhibit a Stock Purchase Agreement (Harvest States Cooperatives)

Changes, Waivers, Etc. Neither this Agreement agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 10.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Orphan Medical Inc), Stock Purchase Agreement (Orphan Medical Inc)

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Changes, Waivers, Etc. Neither this Agreement nor any provision hereof --------------------- may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 20 hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Buca Inc /Mn)

Changes, Waivers, Etc. Neither this Agreement Note nor any provision provisions hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Securities Exchange Agreement (Venus Beauty Supply Inc)

Changes, Waivers, Etc. Neither this Agreement nor any --------------------- provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 10.1 hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smartserv Online Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but rather may only be changed by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 11 hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Kat Man Du Entertainment Corp)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, waiver discharge or termination is sought.

Appears in 1 contract

Samples: Lakes Gaming Inc

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof --------------------- may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: 23 Stock Purchase Agreement (Trikon Technologies Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 11.6 hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Parlex Corp)

Changes, Waivers, Etc. Neither this Agreement agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 13.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Orphan Medical Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 16 hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Buca Inc /Mn)

Changes, Waivers, Etc. Neither this Agreement agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in section 15.1.

Appears in 1 contract

Samples: Ns8 Corp

Changes, Waivers, Etc. Neither this Agreement nor any provision --------------------- hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Note Purchase and Loan Agreement (Trikon Technologies Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but rather may only be changed by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 13.7 hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (World Callnet Inc)

Changes, Waivers, Etc. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, except to the extent provided in Section 8 hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mair Holdings Inc)

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