Common use of Extension of Time, Waiver, Etc Clause in Contracts

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 14 contracts

Samples: Subscription Agreement (Lucid Group, Inc.), Investment Agreement (Western Digital Corp), Investment Agreement (Western Digital Corp)

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Extension of Time, Waiver, Etc. The Company and the Investor Purchaser may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Investor Rights Agreement (KORE Group Holdings, Inc.), Investment Agreement (Despegar.com, Corp.), Investment Agreement (Despegar.com, Corp.)

Extension of Time, Waiver, Etc. The Company and the Investor Any party may, subject to applicable Applicable Law, solely as to itself: (ai) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, ; (bii) extend the time for the performance of any of the obligations or acts of the any other party hereto; or (ciii) waive compliance by the any other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin this Agreement, waive any of such party’s conditionsconditions set forth in this Agreement. Notwithstanding the foregoing, no failure or delay by the Company Stockholder, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 5 contracts

Samples: Tender and Support Agreement (Sundara Investment Partners, LLC), Tender and Support Agreement (Sundara Investment Partners, LLC), Tender and Support Agreement (Flexpoint Fund Ii, L.P.)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, : (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, ; (b) extend the time for the performance of any of the obligations or acts of the any other party hereto; or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin the Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Purchaser or the Investor Parent in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (GenMark Diagnostics, Inc.), Agreement and Plan of Merger (RetailMeNot, Inc.), Agreement and Plan of Merger (Hyperion Therapeutics Inc)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, : (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, ; (b) extend the time for the performance of any of the obligations or acts of the any other party hereto; or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin the Agreement, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Parent in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (SRS Labs Inc), Agreement and Plan of Merger and Reorganization (Dts, Inc.), Agreement and Plan of Merger and Reorganization (SRS Labs Inc)

Extension of Time, Waiver, Etc. The Company and the Investor Investors may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party party, or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Investors in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Registration Rights Agreement (VNET Group, Inc.), Registration Rights Agreement (21Vianet Group, Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor Sellers may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Sellers in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Stock Repurchase and Conversion Agreement (NCR Corp), Stock Repurchase Agreement (NCR Corp), Stock Repurchase Agreement (Blackstone Holdings III L.P.)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable LawLaw and pursuant to a written instrument delivered by such party, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party contained herein or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the an Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Investment Agreement (KAR Auction Services, Inc.), Investment Agreement (KAR Auction Services, Inc.), Investment Agreement (Coty Inc.)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Closing, any party hereto may, subject to applicable LawLegal Requirements, if set forth in writing, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the any other party hereto with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Parent or the Investor Shareholder in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Share Purchase Agreement (Ulticom, Inc), Share Purchase Agreement (Ulticom, Inc), Share Purchase Agreement (Ulticom, Inc)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party hereto may, subject to applicable Law, if set forth in writing, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the any other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Ulticom, Inc), Agreement and Plan of Merger (Ulticom, Inc), Agreement and Plan of Merger (Ulticom, Inc)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable LawLaw and pursuant to a written instrument delivered by such party, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party contained herein or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the any Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Investment Agreement (Blend Labs, Inc.), Investment Agreement (Blend Labs, Inc.), Investment Agreement (Box Inc)

Extension of Time, Waiver, Etc. The Company (on behalf of itself and the Founder) and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party party, or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Investment Agreement (Airnet Technology Inc.), Investment Agreement (Airnet Technology Inc.), Investment Agreement (Airnet Technology Inc.)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, : (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, ; (b) extend the time for the performance of any of the obligations or acts of the any other party hereto; or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin the Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Abc-Mart, Inc.), Agreement and Plan of Merger (Abc-Mart, Inc.), Agreement and Plan of Merger (Lacrosse Footwear Inc)

Extension of Time, Waiver, Etc. The Company At any time prior to the Closing, Purchaser and the Investor Seller may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant heretoparty, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) subject to the requirements of applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Seller or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Transfer Agreement (New Fortress Energy Inc.), Transfer Agreement (Golar LNG Partners LP), Transfer Agreement (Golar LNG LTD)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Offer Closing, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin this Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Transaction Agreement (Schneider Electric Sa), Transaction Agreement (Telvent Git S A)

Extension of Time, Waiver, Etc. The Company and the Investor Purchaser may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Investment Agreement (GrubHub Inc.), Investment Agreement (Pandora Media, Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor Investors may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Investors in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Investment Agreement (Western Digital Corp), Investment Agreement (Western Digital Corp)

Extension of Time, Waiver, Etc. The Company may with respect to any Investor, and the Lead Investor maymay with respect to the Company, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party party, or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Lead Investor in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Investment Agreement (Centurium Capital Partners 2018, L.P.), Investment Agreement (Luckin Coffee Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Section 7.04

Appears in 2 contracts

Samples: Investment Agreement (Redwire Corp), Investment Agreement (Redwire Corp)

Extension of Time, Waiver, Etc. The At any time prior to the Effective Time, the Company and the Investor may, subject to applicable Law, Parent may (a) extend the time for the performance of any of the obligations or acts of the other party; (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party ; or (c) waive compliance by the other party with any of the agreements or conditions of the other party contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Parent in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Samsonite Corp/Fl), Agreement and Plan of Merger (CVC European Equity IV (AB) LTD)

Extension of Time, Waiver, Etc. The Company and the Investor Holders of Registrable Securities outstanding may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Holders in exercising any right hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Shelf Registration Rights Agreement (Despegar.com, Corp.), Investment Agreement (Despegar.com, Corp.)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the an Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Registration Rights Agreement (Zix Corp), Registration Rights Agreement (CommScope Holding Company, Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor Holders representing a majority of Registrable Securities outstanding may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Holders in exercising any right hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Registration Rights Agreement (Despegar.com, Corp.), Investment Agreement (Despegar.com, Corp.)

Extension of Time, Waiver, Etc. The Company and the Investor Purchaser may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Purchasers in exercising any right hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Investment Agreement (Mfa Financial, Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor Purchasers may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Purchasers in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Registration Rights Agreement (Pandora Media, Inc.)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) unless prohibited by applicable Law, waive compliance by the any other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Campbell Soup Co)

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Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin this Agreement, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (King Pharmaceuticals Inc)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) unless prohibited by applicable Law, waive compliance by the any other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Snyder's-Lance, Inc.)

Extension of Time, Waiver, Etc. The Company At any time prior to the Closing, Purchaser and the Investor Sellers may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant heretoparty, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) subject to the requirements of applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company any Seller or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Section 10.03

Appears in 1 contract

Samples: Version Equity Purchase and Contribution Agreement (New Fortress Energy Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor Investors may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the any Investor in exercising any right hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Share Purchase Agreement (SOPHiA GENETICS SA)

Extension of Time, Waiver, Etc. The Company and the Investor parties hereto may, subject to applicable Lawlaw, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (cb) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions; provided, that no waiver by the Company shall be effective without prior approval of a majority of the Independent Directors. Notwithstanding the foregoing, no failure or delay by the Company or the Investor parties hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party; provided that the Purchasers may execute such waivers on behalf of any Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (BOSTON OMAHA Corp)

Extension of Time, Waiver, Etc. The Company and the Investor Yahoo Parties may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor a Yahoo Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Omnibus Agreement (Taboola.com Ltd.)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Registration Rights Agreement (AgroFresh Solutions, Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor parties hereto may, subject to applicable Law, (ai) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (bii) extend the time for the performance of any of the obligations or acts of the other party or (ciii) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor parties hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Purchase Agreement (Aimco OP L.P.)

Extension of Time, Waiver, Etc. The Company and the Investor Purchaser may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Section 8.03

Appears in 1 contract

Samples: Investment Agreement

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) to the extent permitted by applicable Law, waive compliance by the other party with any of the agreements contained herein applicable to such party in this Agreement or, except as otherwise provided hereinin this Agreement, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Merger Sub in exercising any right hereunder shall operate as a waiver thereof of rights, nor shall any single or partial exercise thereof of such rights preclude any other or further exercise thereof of such rights or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (United Retail Group Inc/De)

Extension of Time, Waiver, Etc. The Company At any time prior to the Effective Time, the Company, on the one hand, and Parent and Purchaser, on the Investor other, may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent or the Investor Purchaser in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Verenium Corp)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject to applicable LawLaw and pursuant to a written instrument delivered by such party, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the an Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Investment Agreement (US Foods Holding Corp.)

Extension of Time, Waiver, Etc. The Company and each of the Investor Purchasers may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or any of the Investor Purchasers in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Registration Rights Agreement (OUTFRONT Media Inc.)

Extension of Time, Waiver, Etc. The Company and the Investor may, subject Subject to applicable Law, at any time prior to the Closing, any party may, for itself and no other party hereto (except as otherwise provided herein), (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the Investor a party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Equity Purchase Agreement (Consolidated Resources Health Care Fund Ii)

Extension of Time, Waiver, Etc. The Company and At any time prior to the Investor Reverse Merger Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the any other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s 's conditions. Notwithstanding the foregoing, no failure or delay by the Company Company, Parent, Merger Sub or the Investor LLC in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Seacor Holdings Inc /New/)

Extension of Time, Waiver, Etc. The Company and the Investor Investors may, subject to applicable LawLaw and pursuant to a written instrument delivered by such party, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or the an Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 1 contract

Samples: Investment Agreement (BrightView Holdings, Inc.)

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