Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 218 contracts
Samples: Agreement and Plan of Merger, Branding Agreement (Fairpoint Communications Inc), Amended Agreement and Plan of Merger (Mid Atlantic Realty Trust)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 35 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (World Health Energy Holdings, Inc.), Stock Purchase Agreement (SecureAlert, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 28 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (One Horizon Group, Inc.), Asset Purchase Agreement (Air Industries Group)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 12 contracts
Samples: Sale and Purchase Agreement (Intelligent Communication Enterprise Corp), Sale and Purchase Agreement (Intelligent Communication Enterprise Corp), Sale and Purchase Agreement (Intelligent Communication Enterprise Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants covenants, or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (SCB Computer Technology Inc), Agreement and Plan of Merger (American Healthways Inc), Agreement and Plan of Merger (SCB Computer Technology Inc)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Monroe James L), Agreement and Plan of Merger (Duke Power Co /Nc/), Agreement and Plan of Merger (Firecom Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Agreement and Plan of Reorganization (Univision Communications Inc), Agreement and Plan of Reorganization (International Rectifier Corp /De/), Agreement and Plan of Merger (International Paper Co /New/)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement or in any of the Ancillary Documents. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Offer Agreement (Invensys Holdings LTD), Agreement and Plan of Merger (Osullivan Industries Holdings Inc), Merger Agreement (Cherry Peter B & Cherry Family Group)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Tax Matters Agreement (Venator Materials PLC), Tax Matters Agreement (Venator Materials PLC), Tax Sharing Agreement (California Resources Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this the Agreement. The waiver by any party hereto of to a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Share Exchange Agreement (Saratoga International Holdings Corp), Share Exchange Agreement (Saratoga International Holdings Corp), Agreement and Plan of Merger (Saratoga International Holdings Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyparty hereto, nor any failure or delay on the part of any party hereto in the exercise of any right hereunder, shall be deemed to constitute a waiver by the party taking such action of compliance with of any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 8 contracts
Samples: Voting and Standstill Agreement (Access National Corp), Voting and Standstill Agreement (Middleburg Financial Corp), Voting and Standstill Agreement (Sokol David L)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Lyondell Chemical Co), Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Distribution Agreement (Quanex Corp)
Waivers. Except as otherwise specifically provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder contained in this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundercontained in this Agreement.
Appears in 7 contracts
Samples: Support Agreement (Regis Corp), Support Agreement (Alberto Culver Co), Support Agreement (Alberto Culver Co)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Hydron Technologies Inc), Agreement and Plan of Merger (Physicians Resource Group Inc), Tender Offer Agreement (FMCC Acquisition Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party Party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Transition Services Agreement (Digimarc CORP), Transition Services Agreement (Digimarc CORP), Agreement and Plan of Merger (Healthaxis Inc)
Waivers. Except as provided in this Agreement, no action ------- taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Acquisition Agreement (Marriott International Inc), Acquisition Agreement (Renaissance Hotel Group N V), Agreement and Plan of Merger (MTL Inc)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any party, Party) nor inaction pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party not committing such action or inaction. The A waiver by any party hereto Member of a particular right, including breach of any provision hereunder of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Vine Energy Inc.), Limited Liability Company Agreement (Vine Energy Inc.), Shareholders Agreement
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking giving such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Warren Kenneth J), Agreement and Plan of Merger (Coyote Sports Inc), Agreement and Plan of Merger (Probst James M)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall Agreement and will not operate or be construed as a waiver of any prior or subsequent breach breach, whether of the same a similar or any other provision hereunderdissimilar nature.
Appears in 6 contracts
Samples: Voting Agreement (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (Great Western Bancorp, Inc.), Letter Agreement (Citizens Community Bancorp Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 8.11
Appears in 6 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Allmerica Financial Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, or delay or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default hereunder by any other party shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 5 contracts
Samples: Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Sonus Networks, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or and in this Agreementany documents delivered in connection herewith. The No waiver by any party hereto of any right or remedy shall be effective unless in writing and signed by the party waiving said right or remedy. A waiver of a breach of any provision hereunder shall right or remedy under this Agreement is not operate or be construed as a waiver of the right or remedy on any prior or subsequent breach of the same or any other provision hereunderoccasion.
Appears in 5 contracts
Samples: Purchase Order Purchase Agreement, Purchase Order Purchase Agreement (PayMeOn, Inc.), Purchase Order Purchase Agreement (Monster Digital, Inc.)
Waivers. Except as provided in this AgreementAgreement or any waiver pursuant to Section 7.04, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Time Warner Inc), Original Agreement (Time Warner Inc), Agreement and Plan of Merger (Turner Broadcasting System Inc)
Waivers. Except as provided in this AgreementAgreement or in any waiver pursuant to Section 7.4, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pfbi Capital Trust), Agreement and Plan of Merger (Premier Financial Bancorp Inc), Agreement and Plan of Merger (Indiana United Bancorp)
Waivers. Except as provided in this Agreement, no No action or inaction taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representationscovenant, warranties, covenants condition or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a any breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of the same or before any other provision hereunderClosing, waive any conditions to its obligations that are unfulfilled.
Appears in 3 contracts
Samples: Securities Purchase Agreement (One Horizon Group, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations that are unfulfilled.
Appears in 3 contracts
Samples: Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, or delay or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default hereunder by any other party shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Contribution (Toreador Resources Corp), Profits Interests Contribution Agreement (Toreador Resources Corp), Contribution Agreement (Toreador Resources Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, Agreement including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 3 contracts
Samples: Business Purchase Agreement (NMI Health, Inc.), Business Purchase Agreement, Business Purchase Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, nor any failure or delay on the part of any party hereto in the exercise of any right hereunder, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ophthalmic Imaging Systems), Agreement and Plan of Merger (Ophthalmic Imaging Systems), Up and Standstill Agreement (Ophthalmic Imaging Systems)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany document delivered in connection herewith or therewith. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Parts Source Inc), Asset Purchase Agreement (OccuLogix, Inc.), Asset Purchase Agreement (OccuLogix, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Fingerhut Companies Inc), Agreement and Plan of Merger (Fingerhut Companies Inc), Agreement and Plan of Merger (Federated Department Stores Inc /De/)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Wesley Jessen Visioncare Inc), Agreement and Plan of Merger (Novartis Inc), Agreement and Plan of Merger (Seaman Furniture Co Inc)
Waivers. Except No waiver of any breach or delay in enforcing the terms of this Agreement shall operate or be construed as provided in this Agreement, no a waiver of any subsequent breach. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate document delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (LCNB Corp), Asset Purchase Agreement (Rainmaker Systems Inc), Asset Purchase Agreement (Vhgi Holdings, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bioreliance Corp), Agreement and Plan of Merger (Invitrogen Corp)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any party, shall Party) nor inaction pursuant to this Agreement will be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party not committing such action or inaction. The A waiver by any party hereto Party of a particular right, including breach of any provision hereunder shall of this Agreement, will not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp)
Waivers. All waivers must be in writing. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ecometry Corp), Agreement and Plan of Merger (Ecometry Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Stock Purchase and Sale Agreement (American Access Technologies Inc), Stock Purchase and Sale Agreement (Chart House Investors LLC)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such the action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements contained agreement in this Agreement. The waiver by any party hereto of any condition or of a breach of any another provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior other condition or subsequent breach. The waiver by any party of any of the conditions precedent to its obligations under this Agreement shall not preclude it from seeking redress for breach of the same or any other provision hereunderthis Agreement. Any waiver must be in writing.
Appears in 2 contracts
Samples: Merger Agreement (M2 nGage Group, Inc.), Merger Agreement (Andover Medical, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Noncompetition and Confidentiality Agreement (Pharmanetics Inc), Stock Purchase Agreement (Nanobac Pharmaceuticals Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.any
Appears in 2 contracts
Samples: 6 Agreement and Plan of Merger (Butler Bruce A), Agreement and Plan of Merger (Watson Pharmaceuticals Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Event Cardio Group Inc.), Stock Purchase Agreement (Event Cardio Group Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder provisions of this agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Water Shares Purchase Agreement (Great Basin Water Co), Stock Purchase Agreement (Great Basin Water Co)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Settlement Agreement (One Horizon Group, Inc.), Settlement Agreement (Wu Zhanming)
Waivers. Except as provided in this Agreement, no ------- action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Share Exchange Agreement (Susquehanna Bancshares Inc), Agreement and Plan of Merger (Lion Brewery Inc)
Waivers. Except as provided in this AgreementAgreement or in any waiver pursuant to Section 7.4, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 8.11
Appears in 2 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (PTC Bancorp), Agreement and Plan of Merger Agreement and Plan of Merger (Indiana United Bancorp)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitationlimitations, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pac Rim Holding Corp), Agreement and Plan of Merger (Pac Rim Holding Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including but not limited to any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement by the party taking such action. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Voting Agreement (America Online Latin America Inc), Voting Agreement (Aol Time Warner Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.party
Appears in 2 contracts
Samples: Voting Agreement (Classic Communications Inc), Voting Agreement (Black Creek Management LLC)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.hereunder.
Appears in 1 contract
Samples: Distribution Agreement
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any either party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Physician Health Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any either party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including ------- any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany document delivered in connection herewith or therewith. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Argosy Education Group Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.provision
Appears in 1 contract
Samples: Stock Purchase Agreement (Weatherford International LTD)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreementagreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Agreement for Sale and Purchase (AMERICAN COMMERCE SOLUTIONS Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall Agreement and will not operate or be construed as a waiver of any prior or subsequent breach breach, whether of the same a similar or any other provision hereunderdissimilar nature. 17.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Great Western Bancorp, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed ------- to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Chart House Enterprises Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any including an investigation by or on behalf of any either party, shall be deemed to constitute a waiver by of the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant, or agreements agreement contained in this Agreementherein. The waiver by any either party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Unit Repurchase, Release and Settlement Agreement (Lakes Entertainment Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. Any waiver by either party hereto will be valid only if set forth in an instrument in writing signed by such waiving party.
Appears in 1 contract
Samples: Agreement (Alliant Techsystems Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or -52- agreements contained in this Agreement. The waiver by any party Party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Equity Compression Services Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of action, or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Purchase Agreement (Computer Network Technology Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall will not operate or 16 be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. Any waiver by either party hereto will be valid only if set forth in an instrument in writing signed by such waiving party.
Appears in 1 contract
Samples: Agreement (Hercules Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, 77 warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Capital Contribution and Share Exchange Agreement (Coventry Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements Agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Acquisition (Affinity International Travel Systems Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by of any party Party hereto of a breach of any provision hereunder portion of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitationlimitations, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Superior National Insurance Group Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.provision
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants provision or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 1 contract
Samples: Agreement (Terrace Holdings Inc)
Waivers. Except as provided in this AgreementAgreement or any waiver pursuant to Section 8.4, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate documents delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 1 contract
Samples: Business Purchase Agreement
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including but not limited to any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement by the party taking such action. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver wavier of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant ------- to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Allmerica Financial Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in of this AgreementAgreement or any other agreement between the Care Parties and their respective Affiliates, on the one hand, and the Cambridge Parties and their respective Affiliates, on the other hand. The waiver by any party hereto Party of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver wavier of any prior or subsequent breach of the same or any other provision hereunder.. 4.9
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this AgreementAgreement or in any related document. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Rsi Holdings Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany document delivered in connection herewith or therewith. The waiver by any party hereto Party to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants covenants, or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder hereof shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.provisions hereof. 7.13
Appears in 1 contract
Samples: Agreement and Plan of Merger (Midland Resources Inc /Tx/)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such the action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by any party hereto Party of any condition or of a breach of any another provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior other condition or subsequent breach. The waiver by any Party of any of the conditions precedent to its obligations under this Agreement shall not preclude it from seeking redress for breach of this Agreement other than with respect to the same or any other provision hereundercondition so waived.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.any
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementhere. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Western Power & Equipment Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder under this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderunder this Agreement.
Appears in 1 contract
Waivers. Except as otherwise provided in this Agreementherein, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by Agreement or in any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.Ancillary
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action ------- taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement or in any document delivered in connection with this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nutriceuticals Com Corp)
Waivers. Except No waiver of any breach or delay in enforcing the terms of this Agreement shall operate or be construed as provided in this Agreement, no a waiver of any subsequent breach. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by , therein and in any party hereto of a breach of any provision hereunder shall not operate document delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Holiday Rv Superstores Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants warranties or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Viasource Communications Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a 29 34 waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 9.11
Appears in 1 contract
Samples: Execution Copy Agreement and Plan of Merger (Vestar Sheridan Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. SECTION 10.11
Appears in 1 contract
Samples: Iii 5 Agreement and Plan of Merger (Baker Hughes Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by any party hereto Party of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Nanobac Pharmaceuticals Inc)
Waivers. Except as otherwise specifically provided in this Agreement, no action Action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action Action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder contained in this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundercontained in this Agreement.
Appears in 1 contract
Samples: Voting and Support Agreement (Alternative Asset Management Acquisition Corp.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall be valid only if set forth in an instrument in writing signed on behalf of such party and will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants covenants, or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Retirement Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyparty hereto, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany Ancillary Document. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty hereto, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany Ancillary Document. The waiver by any party Party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase Agreement (Physician Corporation of America /De/)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver wavier of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any 76 85 representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Red Lion California LTD Partnership)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany documents delivered in connection herewith. The waiver by any a party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
