Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6.
Appears in 8 contracts
Samples: Release Agreement (Medsource Technologies Inc), Release Agreement (Medsource Technologies Inc), Release Agreement (Medsource Technologies Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 7 contracts
Samples: License Acquisition Agreement (Hickory Tech Corp), License Acquisition Agreement (Tritel Finance Inc), Asset Purchase Agreement (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties Shareholder or the ------------------------------ Purchaser to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party entitled to the benefits thereof only be written instrument signed by the party granting such waiverother party, but no waiver shall be effective for any purpose unless it is expressed and in writing, and any such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be effective only if given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 6.02.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Prometheus Homebuilders LLC), Stock Purchase Agreement (Prometheus Homebuilders LLC), Stock Purchase Agreement (Prometheus Homebuilders LLC)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.10.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Paxson Communications Corp), Asset Purchase Agreement (Paxson Communications Corp), Option Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Telecorp PCS Inc), Preferred Stock Purchase Agreement (Telecorp PCS Inc), License Exchange and Acquisition Agreement (Triton PCS Holdings Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.3.
Appears in 5 contracts
Samples: Acquisition Agreement (Alcoa Inc), Acquisition Agreement (Fairchild Corp), Asset Purchase Agreement (Dexter Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties any party hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be other parties hereto solely by a written instrument executed by such other parties; any such written and signed by the party granting such waiver, but such waiver or and any failure by any party to insist upon strict compliance with such any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with writing. No waiver of any of the requirements for provisions of this Agreement shall be deemed or shall constitute a waiver of compliance as set forth in this section 6any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly so provided.
Appears in 5 contracts
Samples: Note Purchase Agreement (Bioheart, Inc.), Subscription Agreement (Bioheart, Inc.), Subscription Agreement (Bioheart, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.8.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Equus Gaming Co Lp), Asset Purchase Agreement (American Radio Systems Corp /Ma/), Stock Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.11.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Liberate Technologies), Asset Purchase Agreement (Liberate Technologies), Asset Purchase Agreement (Seachange International Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 9.2.
Appears in 4 contracts
Samples: Stock Purchase Agreement (At&t Corp), Investment and Transaction Agreement (Dobson Communications Corp), License Purchase Agreement (Tritel Finance Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties ------------------------------ to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Telecorp PCS Inc), Asset Purchase Agreement (Telecorp PCS Inc), Escrow Agreement (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 3 contracts
Samples: License Acquisition Agreement (Telecorp PCS Inc), Asset Purchase Agreement (Triton Management Co Inc), Securities Purchase Agreement (Triton PCS Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6.Section 7.2. -----------
Appears in 3 contracts
Samples: Preferred Stock Repurchase and Issuance Agreement (Triton PCS Inc), Preferred Stock Purchase Agreement (Triton Management Co Inc), Triton PCS Holdings Inc
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof waived, but only be written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infrasource Services Inc), Agreement and Plan of Merger (Penhall Co), Agreement and Plan of Merger (Penhall Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.2, with appropriate notice in accordance with Section 9.7 of this Agreement.
Appears in 2 contracts
Samples: Agreement of Merger (Omni Energy Services Corp), Agreement of Merger by And (Omni Energy Services Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.7.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Acme Intermediate Holdings LLC), Stock Purchase Agreement (Acme Television LLC)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.11.
Appears in 2 contracts
Samples: Asset Purchase Agreement (GXS Corp), Asset Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 67(b).
Appears in 2 contracts
Samples: Exchange Agreement (At&t Corp), Exchange Agreement (Dobson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiverwaiver and consented to in writing by BT, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6.Section 5.02, with appropriate notice in accordance with Section 5.08 of this Agreement. 5.03
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Pepco Holdings Inc), Assignment and Assumption Agreement (Pepco Holdings Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with to the requirements for a waiver of compliance as addresses set forth in this section 6Article 5(a) herein.
Appears in 2 contracts
Samples: Guaranty and Indemnification Agreement (nFinanSe Inc.), Guaranty and Indemnification Agreement (nFinanSe Inc.)
Waiver of Compliance; Consents. Except as otherwise expressly provided in ------------------------------ this Agreement, any failure of either of the parties any Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party Party or Parties entitled to the benefits thereof only be by a written instrument signed by the party Party granting such the waiver, but such . Such waiver or failure to insist upon on strict compliance with such an obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth provided in this section 6Section 11.09.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Kinser C Wayne), Agreement and Plan of Reorganization (Equivest Finance Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7.02.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Data Transmission Network Corp), Stock Purchase Agreement (Data Transmission Network Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreementagreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 68.
Appears in 2 contracts
Samples: Employment Agreement (Direct Insite Corp), Employment Agreement (Direct Insite Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6.
Appears in 2 contracts
Samples: Termination Agreement (Medsource Technologies Inc), Termination Agreement (Medsource Technologies Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7.11.
Appears in 2 contracts
Samples: Local Marketing Agreement (Fisher Communications Inc), Local Marketing Agreement (Nexstar Finance Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.3.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Kideo Productions Inc), Note and Warrant Purchase Agreement (Kideo Productions Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 6.3, with appropriate notice in accordance with Section 6.1 of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Puerto Rico Telephone Co Inc), Stock Purchase Agreement (Puerto Rico Telephone Co Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.4, with appropriate notice in accordance with Section 8.10 of this Agreement.
Appears in 2 contracts
Samples: Contribution Agreement (Capital Senior Living Corp), Contribution Agreement (Capital Senior Living Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.2.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alliance Data Systems Corp), Option Agreement (Chromatics Color Sciences International Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.02.
Appears in 2 contracts
Samples: Agreement Regarding Stock Acquisition (Data Transmission Network Corp), Stock Purchase Agreement (Data Transmission Network Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.2.
Appears in 2 contracts
Samples: Merger Agreement (Guarantee Life Companies Inc), Stock Purchase Agreement (Guarantee Life Companies Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.8.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Journal Communications Inc), Asset Purchase Agreement (Calypte Biomedical Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the other party entitled to the benefits thereof hereto; provided, however, that any such waiver may be made only be by a written instrument signed by the party hereto granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.2, with appropriate notice in accordance with Section 8.7 of this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement (Broadbandnow Inc), Subscription Agreement (Broadbandnow Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof waived, but only be written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.11.
Appears in 2 contracts
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6.Section 10.2. ------------
Appears in 2 contracts
Samples: Norfolk Preferred Stock Purchase Agreement (Triton PCS Holdings Inc), Norfolk Preferred Stock Purchase Agreement (Triton PCS Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties Parties to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party Party entitled to the benefits thereof only be by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyParty, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.09.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Plug Power Inc), Stock Purchase Agreement (Smart Hydrogen Inc)
Waiver of Compliance; Consents. Except ------------------------------ as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenantcove- nant, agreement or condition herein may be waived by the party parties entitled to the benefits thereof only be written by a writ- ten instrument signed by the party such parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever When- ever this Agreement requires or permits consent by or on behalf of a partyany of the parties hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 13.7.
Appears in 2 contracts
Samples: Investment Agreement (Anheuser Busch Companies Inc), Investment Agreement (Anheuser-Busch Companies, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.2.
Appears in 2 contracts
Samples: Business Purchase Agreement (Fiberite Holdings Inc), Purchase Agreement (Fiberite Holdings Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 24.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Inso Corp), Agreement and Plan of Merger (Intranet Solutions Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.5.
Appears in 2 contracts
Samples: Asset Exchange Agreement (Paxson Communications Corp), License Agreement (Cone Mills Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.02.
Appears in 1 contract
Samples: Stock Purchase Agreement (Data Transmission Network Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties any party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof benefit of such obligation, covenant, agreement or condition, only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.03.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rotonics Manufacturing Inc/De)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.4.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Kideo Productions Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CharterMac, shall require the approval of not less than a majority of its independent trustees), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 4(c).
Appears in 1 contract
Samples: Special Preferred Voting Shares Purchase Agreement (Chartermac)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any the failure of either of the parties any party to comply with any obligationof its obligations, covenantcovenants, agreement agreements or condition conditions herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in is this section 6Section 10.5.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Liberty Digital Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party entitled to the benefits thereof only be by a written instrument signed by the party such Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany of the Parties, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7.3.
Appears in 1 contract
Samples: Stock Purchase Agreement (Vlasic Foods International Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the --------------------------------- parties to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party entitled to the benefits thereof only be written instrument signed parties, or by the party granting such waiver, their respective officers or representatives thereunto duly authorized but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 13.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Citizens Utilities Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.2.
Appears in 1 contract
Samples: Contribution Agreement (Geron Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CCC, shall require the approval of not less than a majority of the independent trustees of CharterMac), but such a waiver or failure to insist upon strict compliance with respect to such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of a partyany party hereto, such consent Consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11(c).
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CharterMac, shall require the approval of not less than a majority of the Independent Trustees), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9(c).
Appears in 1 contract
Samples: Registration Rights Agreement (Charter Municipal Mortgage Acceptance Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party or Parties entitled to the benefits thereof only be by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 4.2 .
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties party to comply with any obligation, representation, warranty, covenant, or agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, or agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this -43- Agreement requires or permits consent by or on behalf of a partyeither party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.6.
Appears in 1 contract
Samples: Contribution Agreement (Insight Communications of Central Ohio LLC)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument Instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 6.2, with appropriate notice in accordance with Section 5.9 of this Agreement.
Appears in 1 contract
Samples: Intangible Asset Purchase Agreement (Omni Energy Services Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties party to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the other party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyeither party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section Section 6.
Appears in 1 contract
Samples: Registration Rights Agreement (Landmark Communications Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.2 .
Appears in 1 contract
Samples: Asset Purchase Agreement (Alliance Data Systems Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel stopped with respect to, any subsequent or other failure. Whenever this Agreement requires or permits permits, consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 1 contract
Samples: Purchase Agreement (Jacada LTD)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 1 contract
Samples: Asset Exchange Agreement (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by the Holders, shall require the approval of Holders of not less than 662/3% of the Registrable Securities), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8(c).
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiverwaiver and consented to in writing by BT, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.02, with appropriate notice in accordance with Section 5.08 of-this Agreement.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 68.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 6.2.
Appears in 1 contract
Samples: Subscription and Contribution Agreement (Hirschfeld Industries, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 4.4.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CharterMac, shall require the approval of not less than a majority of the Independent Trustees), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7(c).
Appears in 1 contract
Samples: Voting Agreement (Chartermac)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.6.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party or Parties entitled to the benefits thereof only be by a written instrument signed by the party Party or Parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 5.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties any party hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other parties hereto only be by a written instrument signed by the party parties granting such waiver, but such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure, except as otherwise provided in such instrument. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.02.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Integra Lifesciences Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties party to comply with any obligation, representation, warranty, covenant, or agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, or agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyeither party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.6.
Appears in 1 contract
Samples: Contribution Agreement (Insight Communications Co Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument Instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7.2, with appropriate notice in accordance with Section 7.11 of this Agreement.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.11.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties any Party to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party Party entitled to the benefits thereof only be by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 7.4.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only thereof, but no such waiver shall be effective against such party unless given by written instrument signed by the party granting such waiver, but and no such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall only be effective to the extent given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.10.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.8.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the --------------------------------- parties to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party entitled to the benefits thereof only be written instrument signed parties, or by the party granting such waivertheir respective officers or representatives thereunto duly authorized, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 3.2.
Appears in 1 contract
Samples: Contingent Payment Agreement (Citizens Utilities Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel stopped with respect to, any subsequent or other failure. Whenever this Agreement requires or permits permits, consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.2.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of Vitalink, ------------------------------ on the parties one hand, or GranCare, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof GranCare or Vitalink, respectively, only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.02.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CharterMac, CCC or CM Corp., shall require the approval of not less than a majority of the Independent Trustees), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 4.4.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8(c).
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties Shareholder or ------------------------------ the Purchaser to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party entitled to the benefits thereof only be written instrument signed by the party granting such waiverother party, but no waiver shall be effective for any purpose unless it is expressed and in writing, and any such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be effective only if given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 6.02.
Appears in 1 contract
Samples: Stock Purchase Agreement (Prometheus Homebuilders LLC)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiverwaiver and consented to in writing by BT, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.02, with appropriate notice in accordance with Section 5.08 of this Agreement.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party or Parties entitled to the benefits thereof only be by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 4.2.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6.Section 8.2 8.3
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits benefit thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits the consent by or on behalf of a any party, such consent shall will be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 9.3.
Appears in 1 contract
Samples: Stock Purchase Agreement (Wellness Center USA, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8.2.
Appears in 1 contract
Samples: 1 Agreement (Chatcom Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party hereto entitled to the benefits thereof only be by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.6.
Appears in 1 contract
Samples: Asset Purchase Agreement (Equity Media Holdings CORP)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 10.2.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 20.
Appears in 1 contract
Samples: Trigger Agreement (Alexanders Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6.Section 7.9, with appropriate notice in accordance with Section 7.8 hereof
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10.8.
Appears in 1 contract
Samples: Asset Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party entitled to the benefits thereof only be by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyParty, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.2.
Appears in 1 contract
Samples: Implementation Agreement (ICO Global Communications (Holdings) LTD)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 13.3.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Firstamerica Automotive Inc /De/)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.9.
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Waiver of Compliance; Consents. Except as otherwise ------------------------------ provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 68.
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Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 11.7.
Appears in 1 contract
Samples: Asset Purchase Agreement (Salem Communications Corp /De/)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 2.b., with appropriate notice in accordance with Section 2.f. of this Agreement.
Appears in 1 contract
Samples: Agreement (Allen Holding Inc /Ny)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only be by a written instrument signed by the party granting such waiverwaiver and provided, but further, that such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 5.13, with appropriate notice in accordance with Section 5.01 hereof.
Appears in 1 contract
Samples: Contribution Agreement (Bunge LTD)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by the Company, shall require the approval of not less than a majority of the Independent Trustees and in the case of the Holders, Holders holding a majority of the Registrable Securities), but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 8(c).
Appears in 1 contract
Samples: Securities Purchase Agreement (Centerline Holding Co)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.13.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ameron International Corp)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany party hereto, such consent shall be given in writing in a manner consistent with the requirements requirement for a waiver of compliance as set forth in this section 6Section 9.2.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any Any failure of either of the parties a Party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived by the party Party that is entitled to the benefits thereof benefit thereof, but only be written instrument in a writing signed by the party granting such waiver, but waiving Party or Parties. Any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of a partyany Party hereto, such the consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 12.2.
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Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of either any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only be by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CCC, shall require the approval of not less than a majority of the independent trustees of CharterMac), but such a waiver or failure to insist upon strict compliance with respect to such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of a partyany party hereto, such consent Consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this section 6Section 10(c).
Appears in 1 contract
