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 217 contracts
Samples: Amended Agreement and Plan of Merger (Mid Atlantic Realty Trust), Branding Agreement (Fairpoint Communications Inc), Distribution Agreement (Alltel 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, 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 (SecureAlert, Inc.), Stock Purchase Agreement (Pure Earth, Inc.), 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 before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 27 contracts
Samples: Stock Purchase Agreement (Air Industries Group), Stock Purchase Agreement (Marine Park Holdings, Inc.), Stock 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, 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 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. The failure of any party to this Agreement to assert any of its rights under this Agreement shall not constitute a waiver of such rights.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Frontier Oil Corp /New/), Agreement and Plan of Merger (Frontier Oil Corp /New/), Agreement and Plan of Merger (Basic Energy Services 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 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: Asset Purchase Agreement (SCB Computer Technology Inc), Agreement and Plan of Merger (SCB Computer Technology Inc), Agreement and Plan of Merger (Healthstream 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 (Avantgo Inc), Agreement and Plan of Merger (Avantgo Inc), Agreement and Plan of Reorganization (Rf Power Products 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 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 Sharing Agreement (Lone Pine Resources Inc.), Tax Sharing Agreement (Forest Oil Corp), 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 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 Merger (International Paper Co /New/), Agreement and Plan of Merger (Shorewood Packaging 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, 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: Agreement and Plan of Merger (RHH Acquisition Corp), Offer Agreement (Invensys Holdings LTD), Agreement and Plan of Merger (Marcam Solutions 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 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: Agreement and Plan of Merger (Saratoga International Holdings Corp), Plan of Reorganization and Share Exchange (Saratoga International Holdings Corp), Share Exchange Agreement (Saratoga International Holdings 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 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: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Tax Sharing Agreement (Forest Oil Corp), Agreement and Plan of Merger (Millennium Chemicals 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 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 (Comtech Telecommunications Corp /De/), Voting Agreement (Cpi International, Inc.), Voting Agreement (Cpi International, Inc.)
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, 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: Custodial Agreement (Petrolite Corp), Agreement and Plan of Merger (MTL Inc), Acquisition Agreement (Marriott International 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 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 (DMRC Corp), Transition Services Agreement (Digimarc CORP), Transition Services Agreement (Digimarc 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 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 (Fm Precision Golf Corp), Agreement and Plan of Merger (Royal Precision Inc), Agreement and Plan of Merger (Coyote Sports 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.), Agreement and Plan of Merger (Sonus Networks 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, 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 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 5 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (Integrated Defense Technologies 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 (Premier Financial Bancorp Inc), Agreement and Plan of Merger (Pfbi Capital Trust), Agreement and Plan of Merger (Indiana United Bancorp)
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: Original Agreement (Time Warner Inc), Agreement and Plan of Merger (Time Warner Inc), Agreement and Plan of Merger (Turner Broadcasting System 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 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 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 (Vhgi Holdings, Inc.), Asset Purchase Agreement (Rainmaker Systems Inc)
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, Business Purchase Agreement (NMI Health, Inc.), Business Purchase 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 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, 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 (Federated Department Stores Inc /De/), Agreement and Plan of Merger (Fingerhut Companies 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, 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, 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 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 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 (Invitrogen Corp), Agreement and Plan of Merger (Bioreliance Corp)
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, 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 (Black Creek Management LLC), Voting Agreement (Classic Communications 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 (Indiana United Bancorp), Agreement and Plan of Merger Agreement and Plan of Merger (PTC Bancorp)
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 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.
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 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: Agreement and Plan of Merger (Watson Pharmaceuticals Inc), 6 Agreement and Plan of Merger (Butler Bruce A)
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: Stock Purchase Agreement (Great Basin Water Co), Water Shares Purchase Agreement (Great Basin Water Co)
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 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 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, 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 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 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 or compliance with any representations, 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 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, 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 Agreementherein. The waiver by any party hereto Party 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 1 contract
Samples: Membership Interest Purchase Agreement (Alberto-Culver 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 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, 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, 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, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of 57 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 hereunder.dissimilar nature. [SIGNATURE PAGE FOLLOWS]
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 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 42 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 1 contract
Samples: Share Exchange Agreement (Saratoga International Holdings 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 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. 11.11.
Appears in 1 contract
Samples: 7 Agreement and Plan of Merger Agreement and Plan of Merger (Baker Hughes 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.. 11.11
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bay Meadows Operating Co)
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, 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 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 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, 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 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 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 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 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.. 8.12
Appears in 1 contract
Samples: Agreement and Plan of Merger (Penske Motorsports 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 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 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. 10.11.
Appears in 1 contract
Samples: Amended and Restated Agreement and Plan of Reorganization (Disney Walt Co)
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, 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
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 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 the Agreement. The waiver by any party hereto of to 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
Samples: Merger Agreement (Seguin Natural Hair Products Inc.)
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, 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 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, 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, 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 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 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 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 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 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 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 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.. 46
Appears in 1 contract
Samples: A) Agreement and Plan of Merger (Duke Power Co /Nc/)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, 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 (Source Scientific 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 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 partyparty hereto, 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 Agreementaction. 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 other provision or of any subsequent breach of the same or any other provision hereunderprovision. No waiver shall be effective unless in writing and signed by the party making the waiver.
Appears in 1 contract
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, 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 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.waiver
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 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 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 in this Agreementherein. The Any waiver by any party Party hereto of a breach of any provision hereunder of this Agreement must be in writing and 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: Site Access License Agreement (Miravant Medical Technologies)
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, 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, 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
