Waiver of Right of Sample Clauses

Waiver of Right of. First Refusal and Anti-Dilution with Respect to Issuance --------------------------------------------------------------------------- of Common Stock. Each Investor holding a right of first refusal to purchase --------------- "New Securities" of the Company pursuant to Section 3.1 of the Prior Rights Agreement, by its execution hereof, hereby retroactively waives (for itself, its affiliates, and on behalf of all other such Investors) any rights it may currently have or have had in the past to purchase any portion of the 189,080 shares of the Company's Common Stock issued on January 26, 2000 to a former employee in settlement of a dispute with the Company relating to his claimed equity ownership in the Company. Upon receipt of sufficient signatures hereon to amend the Prior Rights Agreement, this waiver shall be binding upon each holder of a right of first refusal under the Prior Rights Agreement and his, her or its successors and assigns. In addition, each Investor, by its execution hereof, hereby acknowledges that Article IV, Section (3)(d)(ii)(E) of the Company's Certificate of Incorporation, as filed with the State of Delaware on December 13, 1999, provides that issuances of securities shall be excluded from the definition of "Additional Stock" upon the written consent of holders of at least (x) seventy percent (70%) of the then outstanding Preferred Stock and (y) fifty percent (50%) of the then outstanding Series D Preferred Stock (without any requirement of an amendment to the Certificate of Incorporation) and further agrees that the issuance of 189,080 shares of the Company's Common Stock on January 26, 2000 to a former employee in settlement of a dispute with the Company relating to his claimed equity ownership in the Company shall be deemed excluded from the definition of "Additional Stock." Each Investor, by its execution hereof, further acknowledges and agrees that, as a consequence of such exclusion, no adjustment to the conversion price for any series of the Company's Preferred Stock shall be made in relation to such issuance. Upon receipt of sufficient signatures hereon to meet the thresholds set forth in the first sentence of this paragraph, this waiver shall be binding upon each holder of Preferred Stock and his, her or its successors and assigns.
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Waiver of Right of. First Refusal of Colorado Interstate Gas Company’s right of first refusal pursuant to Section 10 of the Operational Agreement by and between Colorado Interstate Gas Company and NEOC;
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Waiver of Right of. First Refusal; Termination Of 1999 Registration Rights Agreement. The Series A Purchasers, Series B Purchasers, Series C Purchasers, Series D Purchasers and Series E Purchasers hereby waive with respect to the issuance, purchase and sale of the Series F Preferred any and all rights of first refusal (and any rights to notice in connection therewith) held by the Series A Purchasers, Series B Purchasers, Series C Purchasers, Series D Purchasers and Series E Purchasers pursuant to Section 8 of the 1999 Registration Rights Agreement. The 1999 Registration Rights Agreement is herewith terminated and superseded in all respects by this Agreement, pursuant to Section 11 thereof, and is of no further force or effect.
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Waiver of Right of. First Refusal -------------------------------- Micro Tech hereby agrees to waive any rights of first refusal that it has with respect to the purchase of the Purchased Shares.
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Related to Waiver of Right of

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • Non-Waiver of Rights The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

  • Nonwaiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • Waiver of Right to Trial by Jury EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY LOAN DOCUMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY LOAN DOCUMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

  • Waiver of Right to Partition The Partners, by execution of this Agreement, waive their respective rights to partition of the Partnership Property.

  • Waiver of Right to Jury Trial TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING IN ANY WAY IN CONNECTION WITH ANY OF THE TRANSACTION DOCUMENTS, OR ANY OTHER STATEMENTS OR ACTIONS OF THE COMPANY OR THE PURCHASERS. THE PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL SELECTED OF THEIR OWN FREE WILL. THE PARTIES FURTHER ACKNOWLEDGE THAT (I) THEY HAVE READ AND UNDERSTAND THE MEANING AND RAMIFICATIONS OF THIS WAIVER, (II) THIS WAIVER HAS BEEN REVIEWED BY THE PARTIES AND THEIR COUNSEL AND IS A MATERIAL INDUCEMENT FOR ENTRY INTO THIS AGREEMENT AND (III) THIS WAIVER SHALL BE EFFECTIVE AS TO EACH OF SUCH TRANSACTION DOCUMENTS AS IF FULLY INCORPORATED THEREIN.

  • No Waiver of Rights, Powers and Remedies No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

  • Waiver of Right of First Refusal The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.

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