Common use of Amendment; Waivers Clause in Contracts

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 27 contracts

Samples: Subscription Agreement (Armada Oil, Inc.), Subscription Agreement (iGlue, Inc.), Subsription Agreement (Power of the Dream Ventures Inc)

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Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscribereach Purchaser; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 8 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Molex Inc), Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Jacobs Irwin L)

Amendment; Waivers. No provision of this Agreement may be waived waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by both the Company NewCo and the Subscriber; Parent or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall will be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall will any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright.

Appears in 3 contracts

Samples: Distribution Agreement (New Laser Corp), Distribution Agreement (New Laser Corp), Transaction Agreement (New Laser Corp)

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; Parties or, in the case of a waiver, by the party Party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright.

Appears in 2 contracts

Samples: Contribution Agreement (10X Capital Venture Acquisition Corp. II), Contribution Agreement (African Agriculture, Inc.)

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscribereach Investor; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Digital Investors LLC), Stock Purchase Agreement (Rsi Systems Inc/Mn)

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right r ight accruing to it thereafter.

Appears in 1 contract

Samples: Hepalife Technologies Inc

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.. Mogul Energy International, Inc. Regulation S Offering December 12, 2007

Appears in 1 contract

Samples: Subscription Agreement (Mogul Energy International, Inc.)

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Amendment; Waivers. No provision of this Agreement may be he waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Subscription Agreement (Sibling Entertainment Group, Inc.)

Amendment; Waivers. No provision of this Agreement Warrant may be waived waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by both the Company and the Subscriber; Holder or, in the case of a waiver, by the party against whom enforcement of any such waiver waived provision is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement Warrant shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafterright. Any amendment effected in accordance with this Section 18 shall be binding upon the Holder and the Company.

Appears in 1 contract

Samples: Avadim Health, Inc.

Amendment; Waivers. No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the SubscriberInvestor; or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

Appears in 1 contract

Samples: Employment Agreement (Sona Development Corp)

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