Common use of Waivers, Amendments, Etc Clause in Contracts

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 241 contracts

Samples: Security Agreement (Pop N Go Inc), Security Agreement (Hyperdynamics Corp), Security Agreement (Smartire Systems Inc)

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Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 124 contracts

Samples: Securities Purchase Agreement (Planetlink Communications Inc), Security Agreement (Barnabus Energy, Inc.), Securities Purchase Agreement (MobiVentures Inc.)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and the Company in the case of any such amendment, change or modification.

Appears in 25 contracts

Samples: Security Agreement (Innova Robotics & Automation, Inc.), Security Agreement (Global Energy Inc), Security Agreement (Pacer Health Corp)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company a Grantor of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company a Grantor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and the Grantors in the case of any such amendment, change or modification.

Appears in 12 contracts

Samples: Security Agreement (Ascent Solar Technologies, Inc.), Security Agreement (Intellicell Biosciences, Inc.), Security Agreement (Q BioMed Inc.)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and the Company in the case of any such amendment, change or modification.

Appears in 8 contracts

Samples: Security Agreement (GS Cleantech Corp), Security Agreement (Locateplus Holdings Corp), Security Agreement (U.S. Helicopter CORP)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company each Grantor of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company each Grantor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and each Grantor in the case of any such amendment, change or modification.

Appears in 8 contracts

Samples: Security Agreement (Galaxy Next Generation, Inc.), Security Agreement (Seedo Corp.), Security Agreement (Kraig Biocraft Laboratories, Inc)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by Secured Party who then hold at least two-thirds (2/3) of the Secured Partythen outstanding aggregate principal amount of the Convertible Debentures.

Appears in 4 contracts

Samples: Security Agreement (City Network Inc), Security Agreement (City Network Inc), Security Agreement (City Network Inc)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by the Company of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 3 contracts

Samples: Guarantor Security Agreement (Oxford Ventures Inc), Security Agreement (Oxford Ventures Inc), Security Agreement (Nanoscience Technologies Inc)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company the Pledgor of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Pledgor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 2 contracts

Samples: Security Agreement (New Media Lottery Services Inc), Security Agreement (Novo Energies Corp)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company the Debtors of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Debtors contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Charys Holding Co Inc), Securities Purchase Agreement (Charys Holding Co Inc)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Subsidiary contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 2 contracts

Samples: Subsidiary Security Agreement (Ns8 Corp), Subsidiary Security Agreement (Ns8 Corp)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company Borrower of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Borrower contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 1 contract

Samples: Security Agreement (Aesp Inc)

Waivers, Amendments, Etc. The Secured Party's Parties’ delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party Parties under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party Parties of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured PartyParties, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParties.

Appears in 1 contract

Samples: Security Agreement (Inferx Corp)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party. Section 8.5.

Appears in 1 contract

Samples: Security Agreement (Xinhua China LTD)

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Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company each Grantor of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company each Grantor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and each Grantor in the case of any such amendment, change or modification.

Appears in 1 contract

Samples: Security Agreement (Galaxy Next Generation, Inc.)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company a Grantor of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company a Grantor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParty in the case of any such waiver, and signed by the Secured Party and the Grantor in the case of any such amendment, change or modification.

Appears in 1 contract

Samples: Unit Purchase Agreement (Medivie USA Inc.)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company Companies of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Companies contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 1 contract

Samples: Security Agreement (Cargo Connection Logistics Holding, Inc.)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.. Execution Copy

Appears in 1 contract

Samples: Security Agreement (Neogenomics Inc)

Waivers, Amendments, Etc. The Secured Party's Parties’ delay or failure at any time or times hereafter to require strict performance by Company Debtor of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party Parties under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party Parties of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company Debtor contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured PartyParties, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParties in the case of any such waiver, and signed by the Secured Parties and the Debtor in the case of any such amendment, change or modification.

Appears in 1 contract

Samples: Security Agreement (Smartire Systems Inc)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 1 contract

Samples: Security Agreement (Ns8 Corp)

Waivers, Amendments, Etc. The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or E-110 covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 1 contract

Samples: Security Agreement (Ns8 Corp)

Waivers, Amendments, Etc. The Secured Party's ’s delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiverwaive, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

Appears in 1 contract

Samples: Security Agreement (Advaxis, Inc.)

Waivers, Amendments, Etc. The Secured Party's Parties' delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party Parties under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party Parties of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured PartyParties, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured PartyParties.

Appears in 1 contract

Samples: Security Agreement (Inferx Corp)

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