Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 16 contracts
Samples: Management Stock Purchase and Unit Subscription Agreement (Mg Waldbaum Co), Management Stock Purchase and Unit Subscription Agreement (Mg Waldbaum Co), Management Stock Purchase and Unit Subscription Agreement (Mg Waldbaum Co)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors Dairy Holdings under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 16 contracts
Samples: Management Unit Subscription Agreement (Mg Waldbaum Co), Management Unit Subscription Agreement (Mg Waldbaum Co), Management Unit Subscription Agreement (Mg Waldbaum Co)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 12 contracts
Samples: Incentive Unit Grant Agreement, Management Unit Subscription Agreement (Nevada Property 1 LLC), Management Unit Subscription Agreement (Nevada Property 1 LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 8 contracts
Samples: Management Interest Subscription Agreement (Summit Materials, LLC), Management Interest Subscription Agreement (Summit Materials, LLC), Management Equity Subscription Agreement (Catalent Pharma Solutions, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 8 contracts
Samples: Management Unit Subscription Agreement (Civitas Solutions, Inc.), Management Unit Subscription Agreement (National Mentor Holdings, Inc.), Management Unit Subscription Agreement (National Mentor Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *****
Appears in 7 contracts
Samples: Management Stock Contribution (Radiation Therapy Services Holdings, Inc.), Management Unit Subscription Agreement (Radiation Therapy Services Holdings, Inc.), Management Stock Contribution (Radiation Therapy Services Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 7 contracts
Samples: Senior Management (Michael Foods Inc/New), Class F Unit Subscription Agreement (Michael Foods Inc/New), Management Unit Subscription Agreement (Transport Corporation of America Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholder and Investors Acquisition Corp. under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 6 contracts
Samples: Subscription Agreement (Specialty Catalog Corp), Subscription Agreement (Specialty Catalog Corp), Subscription Agreement (Specialty Catalog Corp)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholder and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 6 contracts
Samples: Subscription and Tender Agreement (Vestar Sheridan Inc), Subscription and Tender Agreement (Vestar Sheridan Inc), Subscription and Tender Agreement (Vestar Sheridan Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 5 contracts
Samples: Subscription Agreement (Michael Foods Inc/New), Subscription Agreement (Michael Foods Inc/New), Subscription Agreement (Michael Foods Inc/New)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * * This Management Unit Grant Agreement between the Company and the Executive named on the Master Signature Page hereto is dated and executed as of the Closing Date set forth on such Master Signature Page. * * * * *
Appears in 4 contracts
Samples: Management Unit Grant Agreement (PGA Holdings, Inc.), Management Unit Grant Agreement (PGA Holdings, Inc.), Management Unit Grant Agreement (PGA Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Participant, Partnership and Investors Parent under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 4 contracts
Samples: Incentive Unit Award Agreement (Bumble Inc.), Incentive Unit Award Agreement (Bumble Inc.), Incentive Unit Award Agreement (Bumble Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Purchaser and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 4 contracts
Samples: Purchase Agreement (Morningstar, Inc.), Management Subscription Agreement (Jordan Telecommunication Products Inc), Purchase Agreement (Morningstar, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * * * * * * * This Management Unit Grant Agreement between the Company and the Executive named on the Master Signature Page hereto is dated and executed as of the Closing Date set forth on such Master Signature Page. * * * * *
Appears in 4 contracts
Samples: Management Unit Grant Agreement (PGA Holdings, Inc.), Management Unit Grant Agreement (PGA Holdings, Inc.), Management Unit Grant Agreement (PGA Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of holders of Registrable Securities and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 3 contracts
Samples: Registration Agreement (VeriChip CORP), Registration Agreement (Applied Digital Solutions Inc), Registration Agreement (Applied Digital Solutions Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Management Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page.
Appears in 3 contracts
Samples: Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising exercise any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise of such power or right or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights right to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 3 contracts
Samples: Performance Based Phantom Equity Agreement (Remington Products Co LLC), Equity Agreement (Remington Products Co LLC), Time Based Phantom Equity Agreement (Remington Products Co LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 3 contracts
Samples: Executive Subscription Agreement (Archibald Candy Corp), Executive Subscription Agreement (Archibald Candy Corp), Tender Agreement (Vestar Sheridan Inc)
Rights Cumulative; Waiver. The rights and remedies of Participant, Intervenor and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: Employment Agreement (Charah Solutions, Inc.), Employment Agreement (Charah Solutions, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholders and Investors Parent under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *No waiver by any Stockholder of any right, power or remedy under any of such investments shall be effective unless given in writing by such Stockholder.
Appears in 2 contracts
Samples: Stockholders' Agreement (Convergent Holding Corp), Subscription and Contribution Agreement (Convergent Holding Corp)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholders and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Metastorm Inc), Agreement and Plan of Merger (Metastorm Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors parties hereto under this Agreement shall be cumulative and not exclusive of any rights or remedies which either party would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: Agreement Regarding Stock Sale (Repro Med Systems Inc), Agreement Regarding Stock Sale (Repro Med Systems Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive -------------------------------- Purchaser and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: Employee Subscription Agreement (Cbre Holding Inc), Designated Manager Subscription Agreement (Cbre Holding Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Cinergy, STC and Investors Parent under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *No waiver by any party hereto of any right, power or remedy under any of such investments shall be effective unless given in writing by such party.
Appears in 2 contracts
Samples: Subscription and Contribution Agreement (Convergent Holding Corp), Investor Rights Agreement (Convergent Holding Corp)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholder and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *10
Appears in 2 contracts
Samples: Subscription and Tender Agreement (Vestar Sheridan Inc), Subscription and Tender Agreement (Vestar Sheridan Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement parties hereto shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: Preferred Membership Interest Unit Subscription Agreement, Subscription Agreement (Affinity Group Holding, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * * This Management Unit Subscription Agreement between the Compan and the Executive named on the Master Signature Page hereto is dated and executed as of the Purchase Date set forth on such Master Signature Page. * * * * *
Appears in 2 contracts
Samples: Management Unit Subscription Agreement (PGA Holdings, Inc.), Management Unit Subscription Agreement (PGA Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Management Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page. * * * * * SCHEDULE A-1
Appears in 2 contracts
Samples: Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * * * * * * * This Management Unit Subscription Agreement between the Company and the Executive named on the Master Signature Page hereto is dated and executed as of the Purchase Date set forth on such Master Signature Page. * * * * *
Appears in 2 contracts
Samples: Management Unit Subscription Agreement (PGA Holdings, Inc.), Management Unit Subscription Agreement (PGA Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page. * * * * * EXECUTIVE MASTER SIGNATURE PAGE Xxxxxx X. Xxxxxx (Executive’s Name) Dated as of: November 21, 2008 (the “Commitment Date”)
Appears in 2 contracts
Samples: Subscription Agreement, Management Unit Subscription Agreement (Ahny-Iv LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page. * * * * * EXECUTIVE MASTER SIGNATURE PAGE (Executive’s Name) Dated as of: , 2010 (the “Commitment Date”)
Appears in 2 contracts
Samples: Management Unit Subscription Agreement, Management Unit Subscription Agreement (Ahny-Iv LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. 067365-0145-10943-Active.12968086.3 * * * * * This Management Unit Subscription Agreement between the Company and the Executive named on the Master Signature Page hereto is dated and executed as of the Purchase Date set forth on such Master Signature Page. * * * * *
Appears in 2 contracts
Samples: Management Unit Subscription Agreement (PGA Holdings, Inc.), Management Unit Subscription Agreement (PGA Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Participant, the Company and Investors the Employer under this Agreement shall will be cumulative and not exclusive of any rights or remedies which that either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall will impair any such right or remedy or operate as a waiver of such right or remedy, nor shall will any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall will be deemed a waiver of such party's ’s rights or privileges hereunder or shall will be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 2 contracts
Samples: LLC Unit Award Agreement (Signify Health, Inc.), Phantom Share Award Agreement (Cadre Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Director, FFI and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either each would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Form of Director Unit Subscription Agreement (Massachusetts Mentor, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company and/or its Affiliates under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Management Subscription Agreement between the Company and the Executive named on the Master Signature Page hereto is dated and executed as of the date set forth on such Master Signature Page. * * * * * Schedule A-1
Appears in 1 contract
Samples: Management Subscription Agreement (APX Group Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Purchasers and Investors Solar under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Participant and the Executive and Investors Company and/or its Affiliates under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Vivint Solar, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Exchanging Parties and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Exchange Agreement (Tsi Telecommunication Services Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Participant and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * * This Management Equity Subscription Agreement between the Company and the Participant named on the Participant Master Signature Page hereto is dated and executed as of the date set forth on such Participant Master Signature Page. * * * * *
Appears in 1 contract
Samples: Management Equity Subscription Agreement (Gates Industrial Corp PLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Employment Agreement (Vestar Capital Partners Iv Lp)
Rights Cumulative; Waiver. The rights and remedies of the Partnership and the Executive and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and and, except as otherwise provided in this Agreement, no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder, in each case, except to the extent expressly provided under this Agreement. * * * * *
Appears in 1 contract
Samples: Restricted Unit Agreement (Epicor International Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Participant and Investors the Partnership under this Agreement shall be cumulative and not exclusive of any rights or remedies which either Party would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party Party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's Party’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party Party to exercise any right or privilege hereunder shall be deemed a waiver of such party's Party’s (x) rights or privileges hereunder or shall be deemed a waiver of such party's (y) rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Subscription Agreement (Bumble Inc.)
Rights Cumulative; Waiver. The rights and remedies of Director and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Subscription Agreement between the Company and the Director named on the Director Master Signature Page hereto is dated and executed as of the date set forth on such Director Master Signature Page. * * * * * SCHEDULE I
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The rights and remedies of each of the Executive Investors and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Participant and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Director and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Participant and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. [The remainder of this page intentionally left blank.] * * * * * This Management Equity Subscription Agreement between the Company and the Participant named on the Participant Master Signature Page hereto is dated and executed as of the date set forth on such Participant Master Signature Page. * * * * *
Appears in 1 contract
Samples: Management Equity Subscription Agreement (Gates Industrial Corp PLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors parties under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Form of Subscription and Distribution Agreement (Thunder Bridge Acquisition LTD)
Rights Cumulative; Waiver. The rights and remedies of the Executive --------------------------- Stockholders and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Stockholders Agreement (Murdock Communications Corp)
Rights Cumulative; Waiver. The rights and remedies of Director and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either each would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Director Unit Subscription Agreement (National Mentor Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Xxxxxxx ---- ------------------------- Family Securityholders and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *****
Appears in 1 contract
Samples: Exhibit 1 (M Foods Investors LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive Founder and Investors Parent under this Agreement shall be cumulative and not exclusive of any rights or remedies which either Party would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party Party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's Party’s other or further exercise or the exercise of any other power or right. The waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party Party to exercise any right or privilege hereunder shall be deemed a waiver of such party's Party’s rights or privileges hereunder or shall be deemed a waiver of such party's Party’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Founder Agreement (Bumble Inc.)
Rights Cumulative; Waiver. The rights and remedies of Participant and the Executive and Investors Company and/or its Affiliates under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *18.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (APX Group Holdings, Inc.)
Rights Cumulative; Waiver. The rights and remedies of each Stockholder and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach breach, and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Participants and the Executive and Investors Company under this Agreement Plan shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach Participant or by the Member, the Committee or the Company of any provision of this Agreement the Plan shall not operate or be construed as a waiver of any preceding or succeeding breach breach, and no failure by either any such party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Assignment, Assumption, Waiver and Release Agreement (Xponential Fitness, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page. * * * * * SCHEDULE I
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The rights and remedies of Individual and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The rights and remedies of the ----- ------------------------- Executive and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *****
Appears in 1 contract
Samples: Management Stock Purchase And (M Foods Investors LLC)
Rights Cumulative; Waiver. The rights and remedies of Purchaser and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either that they would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party such Party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's its other or further exercise or the exercise of any other power or right. The waiver by any party hereto Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party Party to exercise any right or privilege hereunder shall be deemed a waiver of such party's Party’s rights or privileges hereunder or shall be deemed a waiver of such party's Party’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Form of Subscription Agreement (FBR Capital Markets Corp)
Rights Cumulative; Waiver. The rights and remedies of the Executive Xxxxxxx --- ------------------------- Family Securityholders and Investors under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *****
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Employee and the Executive and Investors Company and/or its Affiliates under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** Privileged & Confidential 7
Appears in 1 contract
Samples: Cash Replacement Award Agreement (Alight Inc. / DE)
Rights Cumulative; Waiver. The rights and remedies of Employee and the Executive and Investors Company and/or its Affiliates under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** Privileged & Confidential 7 Alight Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.
Appears in 1 contract
Samples: Cash Replacement Award Agreement (Alight Inc. / DE)
Rights Cumulative; Waiver. The rights and remedies of the Executive 313 and Investors Solar under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement parties hereto shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors under this Agreement shall parties hereto will be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall will impair any such right or remedy or operate as a waiver of such right or remedy, nor shall will any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall will be deemed a waiver of such party's rights or privileges hereunder or shall will be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive Employee and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Participation Share Agreement (Archipelago Learning, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** * * * * * This Subscription Agreement between the Company and the Executive named on the Executive Master Signature Page hereto is dated and executed as of the date set forth on such Executive Master Signature Page. * * * * * Appendix A
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Investors and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Contribution Agreement (Tsi Telecommunication Services Inc)
Rights Cumulative; Waiver. The rights and remedies of each of the Executive and Investors under this Agreement parties hereto shall be cumulative and not exclusive of any rights or remedies which either it would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's its other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors parties under this his Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Shareholders' Rights Agreement (Blue Sky Communications Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors Holdings under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Pro Fac Cooperative Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive Stockholders and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive Shareholders and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of the Executive Investor and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach breach, and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Registration Rights Agreement (Auxilium Pharmaceuticals Inc)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or Exhibit 10.1 further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Nevada Property 1 LLC)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either party would otherwise have hereunder or at law or in equity or by statute, and no . No failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any and no single or partial exercise of any power or right shall preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Executive Interest Subscription Agreement (Laureate Education, Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors parties under this Agreement shall be cumulative and not exclusive of any rights or remedies which either any party hereto would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either any such party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either any party hereto to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Shareholders' Rights Agreement (Blue Sky Communications Inc)
Rights Cumulative; Waiver. The rights and remedies of Participant and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. [The remainder of this page intentionally left blank.] * * * * * This Management Equity Subscription Agreement between the Company and the Participant named on the Participant Master Signature Page hereto is dated and executed as of the date set forth on such Participant Master Signature Page. * * * * *
Appears in 1 contract
Samples: Management Equity Subscription Agreement (Dominion Textile (Usa), L.L.C.)
Rights Cumulative; Waiver. The rights and remedies of the Executive Investment Vehicle and Investors Parent under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *.
Appears in 1 contract
Samples: Incentive Unit Subscription Agreement (Bumble Inc.)
Rights Cumulative; Waiver. The rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's rights or privileges hereunder or shall be deemed a waiver of such party's rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Advisor and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *
Appears in 1 contract
Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)
Rights Cumulative; Waiver. The respective rights and remedies of the Executive and Investors the Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * *SIGNATURE PAGE TO UNIT GRANT AGREEMENT
Appears in 1 contract
Rights Cumulative; Waiver. The rights and remedies of Service Member and the Executive and Investors Company under this Agreement shall be cumulative and not exclusive of any rights or remedies which either would otherwise have hereunder or at law or in equity or by statute, and no failure or delay by either party in exercising any right or remedy shall impair any such right or remedy or operate as a waiver of such right or remedy, nor shall any single or partial exercise of any power or right preclude such party's ’s other or further exercise or the exercise of any other power or right. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by either party to exercise any right or privilege hereunder shall be deemed a waiver of such party's ’s rights or privileges hereunder or shall be deemed a waiver of such party's ’s rights to exercise the same at any subsequent time or times hereunder. * * * * ** SCHEDULE 1
Appears in 1 contract
Samples: Service Member Unit Issuance Agreement (AssetMark Financial Holdings, Inc.)
