Common use of Waiver Clause in Contracts

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 549 contracts

Sources: Convertible Promissory Note (Scorpius Holdings, Inc.), Convertible Security Agreement (Windtree Therapeutics Inc /De/), Convertible Note (APPlife Digital Solutions Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 313 contracts

Sources: Convertible Security Agreement (Exxel Pharma, INC.), Convertible Security Agreement (FireFly Automatix, Inc.), Convertible Security Agreement (FireFly Automatix, Inc.)

Waiver. Any waiver by the Company Borrower or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Borrower or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Borrower or the Holder must be in writing.

Appears in 195 contracts

Sources: Convertible Security Agreement (Momentus Inc.), Convertible Security Agreement (Nextnrg, Inc.), Convertible Security Agreement (Nextnrg, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 178 contracts

Sources: Security Agreement (Madison Technologies Inc.), Convertible Security Agreement (Protea Biosciences Group, Inc.), Convertible Security Agreement (Protea Biosciences Group, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 135 contracts

Sources: Convertible Debenture (Rego Payment Architectures, Inc.), Convertible Security Agreement (Cybra Corp), Convertible Security Agreement (Cybra Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 131 contracts

Sources: Securities Purchase Agreement (Odyssey Health, Inc.), Convertible Note (Kairos Pharma, LTD.), Convertible Note (Kairos Pharma, LTD.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 105 contracts

Sources: Subscription Agreement (First Choice Healthcare Solutions, Inc.), Subscription Agreement (First Choice Healthcare Solutions, Inc.), Convertible Note (Greenlane Holdings, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 102 contracts

Sources: Convertible Security Agreement (DOC.COM Inc.), Convertible Security Agreement (Oncolix, Inc.), Credit Facility Agreement (Protalex Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 12 contracts

Sources: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Debenture and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 11 contracts

Sources: Convertible Promissory Note (chatAND, Inc.), Convertible Promissory Note (chatAND, Inc.), Convertible Promissory Note (chatAND, Inc.)

Waiver. Any waiver by the Company Company, the Subsidiary or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 6 contracts

Sources: Limited Partnership Agreement (SolarMax Technology, Inc.), 4% Secured Subordinated Convertible Note (SolarMax Technology, Inc.), 4% Secured Subordinated Convertible Note (SolarMax Technology, Inc.)

Waiver. Any waiver by the Company Borrowers or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Borrowers or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 6 contracts

Sources: Securities Agreement (SBS Interactive Co), Promissory Note (SBS Interactive Co), Securities Agreement (SBS Interactive Co)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Discovery Energy Corp.), Debenture Agreement (Discovery Energy Corp.), Convertible Security Agreement (Discovery Energy Corp.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 5 contracts

Sources: Security Agreement (Cornerworld Corp), Convertible Security Agreement (Enlightened Gourmet, Inc.), Security Agreement (Cord Blood America, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. , The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 4 contracts

Sources: Convertible Security Agreement (Uppercut Brands, Inc.), Convertible Security Agreement (Creative Medical Technology Holdings, Inc.), Convertible Security Agreement (Creative Medical Technology Holdings, Inc.)

Waiver. Any waiver by the Company Companies or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Companies or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Companies or the Holder must be in writing.

Appears in 4 contracts

Sources: Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writinginwriting.

Appears in 4 contracts

Sources: Convertible Security Agreement (Max Sound Corp), Convertible Security Agreement (Max Sound Corp), Convertible Security Agreement (Max Sound Corp)

Waiver. Any waiver by the Company or the Holder Holders of a breach of any provision of this Convertible Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Convertible Note. The failure of the Company or the Holder Holders to insist upon strict adherence to any term of this Convertible Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionConvertible Note. Any waiver by the Company or the Holder must be in writing.

Appears in 4 contracts

Sources: Share Exchange Agreement (China Marketing Media Holdings, Inc.), Convertible Promissory Note (Investnet Inc), Agreement and Plan of Reorganization (Investnet Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as as, or be construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture, on one or more occasions occasions, shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 3 contracts

Sources: Securities Agreement (Kibush Capital Corp), Securities Agreement (Kibush Capital Corp), Securities Agreement (Kibush Capital Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Convertible Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Convertible Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Convertible Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionConvertible Note. Any waiver by the Company or the Holder must be in writing.

Appears in 3 contracts

Sources: Securities Agreement (Detto), Stock Purchase Agreement (Rim Holdings Inc), Securities Agreement (Detto)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on Debenture in any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 3 contracts

Sources: Debenture and Warrant Purchase Agreement (Electro Energy Inc), Debenture Agreement (Odyne Corp), Convertible Debenture Purchase Agreement (Reality Wireless Networks Inc)

Waiver. Any waiver by the Company Debtors or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Debtors or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Debtors or the Holder must be in writing.

Appears in 3 contracts

Sources: Zero Coupon Secured Convertible Note (Pure Bioscience, Inc.), Zero Coupon Secured Subordinated Convertible Note (ZBB Energy Corp), Zero Coupon Secured Subordinated Convertible Note (ZBB Energy Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing. This Debenture may only be amended in a writing executed by the Holder and the Company.

Appears in 2 contracts

Sources: Convertible Security Agreement (Dih Holding Us, Inc.), Convertible Security Agreement (Dih Holding Us, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.. f)

Appears in 2 contracts

Sources: Securities Purchase Agreement (Universal Property Development & Acquisition Corp), Securities Purchase Agreement (Heartland Oil & Gas Corp)

Waiver. Any waiver by the Company Borrower or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Borrower or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Borrower or the Holder must be in writing.. f)

Appears in 2 contracts

Sources: Convertible Security Agreement (Emerald Medical Applications Corp.), Convertible Security Agreement (Emerald Medical Applications Corp.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver or amendment by the Company or the Holder must be in writing.

Appears in 2 contracts

Sources: Convertible Security Agreement (Qualigen Therapeutics, Inc.), Convertible Security Agreement (Qualigen Therapeutics, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.. (f)

Appears in 2 contracts

Sources: Installment Note (Gold Flora Corp.), Installment Note (Gold Flora Corp.)

Waiver. Any waiver by the Company Corporation or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Corporation or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Corporation or the Holder must be in writing.

Appears in 2 contracts

Sources: Share Exchange Agreement (DPW Holdings, Inc.), Share Exchange Agreement (Avalanche International, Corp.)

Waiver. Any waiver by the Company or the Holder hereof of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder hereof to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 2 contracts

Sources: Convertible Debenture Purchase Agreement (Calypte Biomedical Corp), Debenture (Green St. Energy, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one (1) or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 2 contracts

Sources: Convertible Security Agreement (Content Checked Holdings, Inc.), Subordination Agreement (Staffing 360 Solutions, Inc.)

Waiver. Any waiver by the Company or the Holder Lenders of a breach of any provision of this Note Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteAgreement. The failure of the Company or the Holder Lenders to insist upon strict adherence to any term of this Note Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Agreement on any other occasion. Any waiver by the Company or the Holder Lenders must be in writing.

Appears in 2 contracts

Sources: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)

Waiver. Any waiver by the Company or the a Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteNote or a waiver by any other Holders. The failure of the Company or the a Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party (or any other Holder) of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the a Holder must be in writing.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Blue Sky Media Corp)

Waiver. Any waiver by the Company or the Holder Holders of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder Holders to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder Holders must be in writing.

Appears in 1 contract

Sources: Secured Convertible Note (Chanticleer Holdings, Inc.)

Waiver. Any waiver by the Company or the any Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder Holders to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Inuvo, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.. Promissory Note – Alpha Modus Holdings, Inc.

Appears in 1 contract

Sources: Securities Purchase Agreement (Alpha Modus Holdings, Inc.)

Waiver. Any waiver by the Company Borrowers or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company Borrowers or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company Borrowers or the Holder must be in writing.

Appears in 1 contract

Sources: Senior Secured Note (Purebase Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing.. 4869-3989-5794v.7

Appears in 1 contract

Sources: Convertible Security Agreement (Nauticus Robotics, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Convertible Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Convertible Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Convertible Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionConvertible Note. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Petrosearch Energy Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term therm or any other term of this Note on any other occasionDebenture. Any waiver Waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (HyperSpace Communications, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteNote or a waiver by any other Holder. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Investment Agreement (Boly Group Holdings Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Warrant shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteWarrant. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Warrant on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Warrant on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Warrant Agreement (Orange 21 Inc.)

Waiver. Any waiver by the Company or the Holder Required Holders of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder Required Holders to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder Required Holders must be in writing.

Appears in 1 contract

Sources: Security Agreement (Nvni Group LTD)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writingwriting .

Appears in 1 contract

Sources: Convertible Note Agreement (National Automation Services Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on Debenture in any other occasionoccurrence. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Debenture Purchase Agreement (Reality Wireless Networks Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any ------ provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Trinity Learning Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing. No provision of this Note may be amended except in accordance with the requirements set forth in the Purchase Agreement.

Appears in 1 contract

Sources: Convertible Security Agreement (Sona Mobile Holdings Corp)

Waiver. Any waiver by the Company or the Holder Holders of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder Holders to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionNote. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Stock Purchase Agreement (Media Century International LTD)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of Exhibit A-47 the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Securities Purchase Agreement (APPlife Digital Solutions Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.. Promissory Note – Alpha Modus Holdings, Inc. 14

Appears in 1 contract

Sources: Securities Purchase Agreement (Alpha Modus Holdings, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Warrant shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteWarrant. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Warrant on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Warrant on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Warrant (Mitek Systems Inc)

Waiver. Any waiver by the Company or the Holder Required Holders of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder Required Holders to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder Required Holders must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (PDS Biotechnology Corp)

Waiver. Any waiver by the Company or the Holder Requisite Holders of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Requisite Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder Requisite Holders must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Data443 Risk Mitigation, Inc.)

Waiver. Any waiver by the Company Company, the Parent or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company Company, the Parent or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (New Harvest Capital Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Domain Media Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Amended Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Amended Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Amended Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Amended Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Vivakor, Inc.)

Waiver. Any waiver by the Company or the Holder of a breach of ------ any provision of this Convertible Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Convertible Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Convertible Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionConvertible Note. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Convertible Security Agreement (Petrosearch Energy Corp)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note Debenture on any other occasion. Any waiver by the Company or the Holder must be in writing. Any amendment to this Debenture shall require the written consent of the Holder and the Company.

Appears in 1 contract

Sources: Convertible Security Agreement (Agriforce Growing Systems Ltd.)

Waiver. Any waiver by the Company or the Holder of a breach of ------ any provision of this Note Debenture shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this NoteDebenture. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note Debenture on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasionDebenture. Any waiver by the Company or the Holder must be in writing.

Appears in 1 contract

Sources: Securities Agreement (UC Hub Group Inc)

Waiver. Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing. This Note may only be modified, supplemented or amended in a written instrument signed by the Company and the Holders holding at least 67% in interest of the Notes then outstanding.

Appears in 1 contract

Sources: Convertible Security Agreement (NXT Nutritionals Holdings, Inc.)