Common use of Extension; Waiver Clause in Contracts

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, the partiesParties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, Parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Second Merger Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other another party, (bii) waive any inaccuracies in the representations and warranties of another party contained in this Agreement or Agreement, and (ciii) waive compliance with any of the agreements of another party or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparty hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, the partiesParties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement Agreement, or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directorsparties hereto, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparty hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board boards of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing Date, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board board of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyparty by a duly authorized officer, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other partyparties, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.3, waive compliance with any of the agreements or conditions contained in this AgreementAgreement (provided, that a waiver must be in writing and signed by the party against whom the waiver is to be effective). Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such party, but such extension . The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties of the other Party contained in this Agreement or (c) waive compliance by the other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other another party, (bii) waive any inaccuracies in the representations and warranties of another party contained in this Agreement or Agreement, and (ciii) waive compliance with any of the agreements of another party or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of the party entitled to grant such partywaiver, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, the parties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other partyparties, (b) to the extent permitted by applicable law, waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 7.03 and to the extent permitted by law, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such party, but such extension . The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, Parties may, to the extent legally allowedpermissible, (a) extend the time for the performance of any of the obligations or other acts of the other partyParties, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto, and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, the partiesParties, by action taken or authorized by their respective Board boards of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the any other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the any other partyparty hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, a Party may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyOther Party, (b) waive any inaccuracies in the representations and warranties of the Other Party contained herein or in this Agreement or any document delivered pursuant hereto, and (c) waive compliance by the Other Party with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of the Party against which such party, but such extension or waiver or extension is to be enforced. The failure of a Party to insist on strict compliance with an obligation, covenant, agreement assert any of its rights under this Agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.

Extension; Waiver. At any time prior to before the Effective Time, the parties, by action taken or authorized by their respective Board boards of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions for its benefit contained in this Agreementherein. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.

Extension; Waiver. At any time prior to the Effective Time, the partieseach party, by action taken or authorized by their respective the GSBD Board or the MMLC Board (upon the recommendation of Directorsthe MMLC Special Committee), as applicable, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurenon-compliance.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other party, (bii) waive any inaccuracies in the representations and warranties contained in this Agreement or and (ciii) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the partiesCompany, by action taken or authorized by their respective Board of Directorson one hand, mayand Parent and Merger Sub, to on the extent legally allowedother hand, may (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) subject to the proviso of Section 8.10, waive compliance by the other parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in a written an instrument in writing signed on behalf of such party, but such extension . The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall otherwise will not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board board of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing, the partiesParties, by action taken or authorized by their respective Board of DirectorsCarlyle and the VCIF Board, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParties, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board United (on behalf of Directors, itself and Merger Sub) and Continental may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or Agreement, and (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in a written instrument signed by an authorized officer on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time time, whether prior to to, on or after the Effective TimeClosing, the partiesRequisite Buyers, by action taken or authorized by their respective Board of Directorson the one hand, and the Company, on the other hand, may, to the extent legally allowed, as applicable (ai) extend the time for the performance of any of the obligations or other acts of the other partyparty or parties, as applicable, (bii) waive any inaccuracies in the representations and warranties of the other party or parties, as applicable, contained in this Agreement or in any Transaction Document, or (ciii) unless prohibited by applicable law, waive compliance with any of the agreements covenants or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.

Extension; Waiver. At any time prior to the Effective Time, the partiesCompany, by action taken on the one hand, or authorized by their respective Board of DirectorsParent, on the other hand, may, to the extent legally allowed, : (a) extend the time for the performance of any of the obligations or other acts of the other partyparty or parties, as applicable; (b) waive any inaccuracies in the representations and warranties of the other party or parties, as applicable, contained in this Agreement or in any document delivered under this Agreement; or (c) unless prohibited by applicable Law, waive compliance with any of the agreements covenants, agreements, or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.

Extension; Waiver. At any time prior to the Effective Time, the partiesParties, by action taken or authorized by their respective Board Boards of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing Date, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, subject to the extent legally allowedSection 7.3, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed by or on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of the party entitled to grant such partywaiver, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, : (a) extend the time for the performance of any of the obligations or other acts of the other party, parties hereto; (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto; and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparty hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, Parent, on the partiesone hand, by action taken or authorized by their respective Board of Directorsand the Company (acting through the Special Committee, mayif then in existence), to on the extent legally allowedother hand, may (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered under this Agreement, or (c) unless prohibited by applicable Laws, waive compliance with any of the agreements covenants or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, : (ai) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (bii) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto, and (ciii) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the partieseach party, by action taken or authorized by their respective Board of Directorsthe Company Board, including the Company Special Committee, or the Acquiror Board, including the Acquiror Special Committee, as applicable, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurenon-compliance.

Extension; Waiver. At any time prior to the Effective TimeClosing Date, the parties, by action taken or authorized by their respective Board of Directors, parties ------------------ hereto may, subject to the extent legally allowedSection 7.3, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed by or on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, subject to compliance with applicable law, Parent and the parties, by action taken or authorized by their respective Board of Directors, Company may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto for its benefit, (b) waive any inaccuracies in the representations and warranties of the other parties for its benefit contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein for the waiving party’s benefit. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, mayparties hereto, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. 56

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, Parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyParty hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.

Extension; Waiver. At any time prior to the Effective Time, Parent and Merger Sub, on the partiesone hand, by and the Company (through action taken by, or authorized by their respective Board of Directorswith the approval of, maythe Special Committee), to on the extent legally allowedother hand, may (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered under this Agreement or, (c) subject to applicable Laws, waive compliance with any of the agreements covenants or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by such party. The failure of any part to assert any of its rights under this Agreement or otherwise shall not constitute a written instrument signed on behalf waiver of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, mayparties hereto, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement agree- ment or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of DirectorsDirectors or Managing Member, as the case may be, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, the partiesParties, by action taken or authorized by their respective Board of Directorsgoverning bodies, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the any other partyParty, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such partyParty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. ARTICLE X

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. <PAGE>

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto, and (c) waive compliance with any of the agreements or satisfaction of any conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing Date, the parties, by action taken or authorized by their respective Board of Directors, mayparties hereto may mutually, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement any document delivered pursuant hereto or (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to before the Effective Time, ----------------- the parties, by action taken or authorized by their respective Board boards of Directorsdirectors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, any party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other partyparty hereto, (b) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (c) waive compliance with any of the agreements or conditions of the other party contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such partyby the party or parties to be bound thereby, but and such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. 112

Extension; Waiver. At any time prior to the Effective TimeClosing, the parties, by action taken or authorized by their respective Board of Directors, parties hereto may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (bii) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto and (ciii) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the partieseach party, by action taken or authorized by their respective Board of Directorsthe OCSI Board, including the OCSI Special Committee, or the OCSL Board, including the OCSL Special Committee, as applicable, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties, (b) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurenon-compliance.

Extension; Waiver. At any time prior to the Combination Merger Effective Time, the parties, by action taken or authorized by their respective Board of Directors, parties may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other another party, (bii) waive any inaccuracies in the representations and warranties of another party contained in this Agreement or Agreement, and (ciii) waive compliance with any of the agreements of another party or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Extension; Waiver. At any time prior to the Effective Time, the parties, by action taken The Purchaser or authorized by their respective Board of Directors, a Shareholder Majority hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in this Agreement or any document delivered pursuant hereto, and (c) waive compliance with any of the agreements or conditions contained in this Agreementherein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.