Common use of Waiver, etc Clause in Contracts

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 25 contracts

Sources: Purchase Option Agreement (International Metal Enterprises, Inc.), Purchase Option Agreement (InterAmerican Acquisition Group Inc), Purchase Option Agreement (InterAmerican Acquisition Group Inc)

Waiver, etc. The failure of the Company or the Holder Holders to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder Holders to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 17 contracts

Sources: Underwriting Agreement (Cerecor Inc.), Purchase Option Agreement (I-Am CAPITAL ACQUISITION Co), Purchase Option Agreement (I-Am CAPITAL ACQUISITION Co)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.

Appears in 12 contracts

Sources: Unit Purchase Option (Media & Entertainment Holdings, Inc.), Unit Purchase Option Agreement (Media & Entertainment Holdings, Inc.), Unit Purchase Option (Media & Entertainment Holdings, Inc.)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.

Appears in 12 contracts

Sources: Purchase Option Agreement (PAVmed Inc.), Purchase Option Agreement (GEF Acquisition Corp), Purchase Option Agreement (GEF Acquisition Corp)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 4 contracts

Sources: Purchase Option Agreement (Great Wall Acquisition Corp), Purchase Option Agreement (Tremisis Energy Acquisition Corp), Purchase Option Agreement (Tremisis Energy Acquisition Corp)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor provision or to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; , and no waiver of any such breach, non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 4 contracts

Sources: Purchase Option Agreement (Symmetry Holdings Inc), Purchase Option Agreement (Symmetry Holdings Inc), Purchase Option Agreement (Symmetry Holdings Inc)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option Underwriter Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option Underwriter Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase OptionUnderwriter Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option Underwriter Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 4 contracts

Sources: Underwriting Agreement (Genenta Science S.p.A.), Underwriting Agreement (Genenta Science S.p.A.), Underwriter Warrant (Genenta Science S.p.A.)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non- compliance or non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 3 contracts

Sources: Purchase Option Agreement (Millstream II Acquisition CORP), Purchase Option Agreement (Millstream II Acquisition CORP), Purchase Option Agreement (Millstream II Acquisition CORP)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- fulfillment nonfulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentnoncompliance.

Appears in 3 contracts

Sources: Underwriting Agreement (Scopus BioPharma Inc.), Purchase Option Agreement (AeroClean Technologies, LLC), Purchase Option Agreement (Scopus BioPharma Inc.)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-non- compliance or non-fulfillment.

Appears in 2 contracts

Sources: Purchase Option Agreement (Teardrop Golf Co), Purchase Option Agreement (Dental Medical Diagnostic Systems Inc)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-non- fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 2 contracts

Sources: Purchase Option Agreement (Rand Acquisition CORP), Purchase Option Agreement (Rand Acquisition CORP)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-non- compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.

Appears in 1 contract

Sources: Unit Purchase Option Agreement (Scopus BioPharma Inc.)

Waiver, etc. The failure of the Company ▇▇▇▇▇ny or the Holder Holder(s) to at any time enforce any of the provisions of this Purchase Option Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option Warrant or any provision hereof or the right of the Company or any the Holder to thereafter enforce each and every provision of this Purchase OptionWarrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 1 contract

Sources: Warrant Agreement (Mitcham Industries Inc)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentcompliance.

Appears in 1 contract

Sources: Purchase Option Agreement (Harbor Acquisition Corp.)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument 9 10 executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 1 contract

Sources: Purchase Option Agreement (Infodata Systems Inc)

Waiver, etc. The failure of the Company or the Holder to at any ------------ time enforce any of the provisions of this Purchase Option Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase OptionWarrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 1 contract

Sources: Warrant Agreement (Absolutefuture Com)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option Warrant Shares shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option Warrant Shares or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase OptionWarrant Shares. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option Warrant Shares shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 1 contract

Sources: Common Share Warrant (Bioxytran, Inc)

Waiver, etc. The failure of the Company or the Holder to at any time ----------- enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non- non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

Appears in 1 contract

Sources: Purchase Option Agreement (Specialty Catalog Corp)

Waiver, etc. The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Option shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Option or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Option. No waiver of any breach, non-compliance noncompliance or non-fulfillment of any of the provisions of this Purchase Option shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, noncompliance or non-compliance or non- fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance breach or non-fulfillmentnoncompliance.

Appears in 1 contract

Sources: Purchase Option Agreement (China Ascendance Acquisition Corp.)