Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 shall permit any waiver of any provision of Section 3(d).
Appears in 3 contracts
Samples: Fourth Amendment Agreement (Genius Group LTD), Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder or the Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 22 shall permit any waiver of any provision of Section 3(d).
Appears in 3 contracts
Samples: Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.), Second Exchange Agreement (Amyris, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder or the Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 21 shall permit any waiver of any provision of Section 3(d).
Appears in 2 contracts
Samples: Form of Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder or the Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 20 shall permit any waiver of any provision of Section 3(d).
Appears in 2 contracts
Samples: Form of Amendment Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 19 shall permit any waiver of any provision of Section 3(d3(c)(vi).
Appears in 2 contracts
Samples: Panacea Life Sciences Holdings, Inc., Panacea Life Sciences Holdings, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 23 shall permit any waiver of any provision of Section 3(d).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder in the exercise of any power, right or privilege hereunder within the applicable time periods provided herein shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 25 shall permit any waiver of any provision of Section 3(d4(d).
Appears in 2 contracts
Samples: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 β20 shall permit any waiver of any provision of Section 3(dβ3(d).
Appears in 1 contract
Samples: Security Purchase Agreement (Surf Air Mobility Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 16 shall permit any waiver of any provision of Section 3(d).
Appears in 1 contract
Samples: Warrant Exchange Agreement (SELLAS Life Sciences Group, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 24 21 shall permit any waiver of any provision of Section 3(d).
Appears in 1 contract
Samples: Securities Purchase Agreement (Ondas Holdings Inc.)