Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representative. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 467 contracts
Samples: Underwriting Agreement (SeqLL, Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (ClearSign Technologies Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeManager. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 125 contracts
Samples: Market Offering Agreement (Neonode Inc.), Market Offering Agreement (Ainos, Inc.), The Market Offering Agreement (Interactive Strength, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeMaxim. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 51 contracts
Samples: Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Sekur Private Data Ltd.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 47 contracts
Samples: Securities Purchase Agreement (Loop Media, Inc.), Securities Purchase Agreement (Atlas Lithium Corp), Securities Purchase Agreement (SuperCom LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeInvestor. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 45 contracts
Samples: Securities Purchase Agreement (Know Labs, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeRepresentatives. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 25 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Contango ORE, Inc.), Underwriting Agreement (Beam Global)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Great Ajax Corp.), Securities Purchase Agreement (Bespoke Extracts, Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeLender. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 11 contracts
Samples: Exitus Equity Issuance Agreement (AgileThought, Inc.), Ags Equity Issuance Agreement (AgileThought, Inc.), Loan Agreement (Synergy Pharmaceuticals, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeUnderwriter. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 10 contracts
Samples: Underwriting Agreement (SciSparc Ltd.), Underwriting Agreement (PolyPid Ltd.), Underwriting Agreement (Volitionrx LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, or in the case of a waiver, by the Company and the Representativeindividual Investor. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 9 contracts
Samples: Subscription Agreement (NeoStem, Inc.), Subscription Agreement (NeoStem, Inc.), Subscription Agreement (NeoStem, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 8 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and a Majority in Interest of the RepresentativeInvestors. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 8 contracts
Samples: Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeall parties. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 7 contracts
Samples: Agreement (Gesafi Real-Estate S.A.), Agreement (Optibase LTD), Agreement (Optibase LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeCompany. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeholders of a majority of the Shares. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Pico Holdings Inc /New), Securities Purchase Agreement (Pico Holdings Inc /New), Securities Purchase Agreement (Neurobiological Technologies Inc /Ca/)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeHolder. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 7 contracts
Samples: Exchange Agreement (Mota Group, Inc.), Securities Exchange Agreement (Selway Capital Acquisition Corp.), Securities Exchange Agreement (Selway Capital Acquisition Corp.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 7 contracts
Samples: Note and Purchase Agreement (Parallax Health Sciences, Inc.), Securities Purchase Agreement (Nova Biosource Fuels, Inc.), Securities Purchase Agreement (Clinical Data Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Securities Purchase Agreement (electroCore, Inc.), Securities Purchase Agreement (electroCore, Inc.), Securities Purchase Agreement (electroCore, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeInvestors holding a majority of the Shares. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Point Therapeutics Inc), Securities Purchase Agreement (East West Bancorp Inc), Securities Purchase Agreement (TNX Television Holdings Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representativeeach Purchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Securities Purchase Agreement (CARGO Therapeutics, Inc.), Securities Purchase Agreement (Atara Biotherapeutics, Inc.), Securities Purchase Agreement (Axcella Health Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Softech Inc), Securities Purchase Agreement (Softech Inc)
Amendments; Waivers. No Except as otherwise set forth herein, any provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Cyberdefender Corp), Securities Purchase Agreement (Helios & Matheson North America Inc.), Securities Purchase Agreement (Helios & Matheson North America Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and by the RepresentativeInvestor. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.
Appears in 6 contracts
Samples: Exchange Agreement (Avant Diagnostics, Inc), Exchange Agreement (Avant Diagnostics, Inc), Exchange Agreement (Avant Diagnostics, Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeSubscribers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Subscription Agreement (American Dg Energy Inc), Subscription Agreement (American Dg Energy Inc), Subscription Agreement (American Dg Energy Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeAegis. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 6 contracts
Samples: Underwriting Agreement (Nanoviricides, Inc.), Engagement Agreement (Telemynd, Inc.), Engagement Agreement (Telemynd, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchasers. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (NXT-Id, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeSubscriber. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Subscription Agreement (Eurosite Power Inc.), Subscription Agreement (Tecogen Inc.), Subscription Agreement (Eurosite Power Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented supplemented, waived or amended amended, except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeeach Purchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Icosavax, Inc.), Securities Purchase Agreement (Omega Therapeutics, Inc.), Securities Purchase Agreement (Omega Therapeutics, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeManager. 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 any party to exercise any right hereunder in any manner impair the future exercise of any such right.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Draganfly Inc.), Equity Distribution Agreement, Market Offering Agreement (Digihost Technology Inc.)
Amendments; Waivers. No provision of this This Agreement and any term hereof may be waivedamended, modified, supplemented terminated or amended except in a waived only with the written instrument signed, in consent of the case of an amendment, by the Company Issuer and the RepresentativeMD Xxxxxxxx. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Securities Issuance Agreement, Securities Issuance Agreement (Ziopharm Oncology Inc), Securities Issuance Agreement (Ziopharm Oncology Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeInvestors holding at least a majority in principal amount of the Notes then outstanding. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchasers holding at least 67% in interest of the Securities then outstanding. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 5 contracts
Samples: Securities Purchase Agreement (CombiMatrix Corp), Securities Purchase Agreement (CombiMatrix Corp), Securities Purchase Agreement (Mill City Ventures III, LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representativeall parties. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Securities Exchange Agreement (True Drinks Holdings, Inc.), Securities Exchange Agreement (Omni Shrimp, Inc.), Share Exchange Agreement (NaturalNano, Inc.)
Amendments; Waivers. No provision of this This Agreement and any term hereof may be waivedamended, modified, supplemented terminated or amended except in a waived only with the written instrument signed, in the case consent of an amendment, by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Poseida Therapeutics, Inc.), Securities Purchase Agreement (Taysha Gene Therapies, Inc.), Securities Purchase Agreement (Assure Holdings Corp.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and Holders holding a majority in principal amount of the RepresentativeRegistrable Securities. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Registration Rights Agreement (China Biologic Products, Inc.), Registration Rights Agreement (WP X Biologics LLC), Registration Rights Agreement (China Biologic Products, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the RepresentativeSubscriber, 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 subsequent default or a waiver of any other provision, condition or requirement hereof, provision nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the limit that party’s ability to exercise of any such rightright thereafter.
Appears in 4 contracts
Samples: Subscription Agreement (Seven Arts Pictures PLC), Subscription Agreement (Seven Arts Pictures PLC), Subscription Agreement (Seven Arts Pictures PLC)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeInvestor. 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 any party hereto to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Debt Exchange Agreement (Jerrick Media Holdings, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Uluru Inc.), Preferred Stock Purchase Agreement (Uluru Inc.), Common Stock Purchase Agreement (Uluru Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and Purchasers holding a majority of the RepresentativeShares 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 subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Inovio Biomedical Corp), Securities Purchase Agreement (Inovio Biomedical Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and Purchasers holding a majority of the RepresentativeShares purchased hereunder and then outstanding. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Manas Petroleum Corp), Securities Purchase Agreement (Express Systems Corp), Securities Purchase Agreement (Synova Healthcare Group Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representativeeach Purchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 4 contracts
Samples: Share Purchase Agreement (Youngevity International, Inc.), Securities Purchase Agreement (Oragenics Inc), Share Purchase Agreement (Synthetic Biologics, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented supplemented, or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeSpartan. No waiver of any default with respect to any provision, condition 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 condition, or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Underwriting Agreement (Lafayette Energy Corp.), Underwriting Agreement (Inspire Veterinary Partners, Inc.), Underwriting Agreement (Inspire Veterinary Partners, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representative. 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 hereofhereof except to the extent expressly stated in such waiver, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Seelos Therapeutics, Inc., Seelos Therapeutics, Inc., Seelos Therapeutics, Inc.
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and Purchasers holding a majority of the Representativesecurities purchased hereunder and then outstanding. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Synova Healthcare Group Inc), Securities Purchase Agreement (Synova Healthcare Group Inc), Securities Purchase Agreement (Synova Healthcare Group Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and Purchasers holding at least 51% in value of the RepresentativeSecurities issued hereunder. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bluephoenix Solutions LTD), Securities Purchase Agreement (Bluephoenix Solutions LTD), Securities Purchase Agreement (Bluephoenix Solutions LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modifiedamended, supplemented modified or amended terminated except in a written instrument signed, in the case of an amendment, by the Company and by the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Issuance and Exchange Agreement (Pressure Biosciences Inc), Securities Purchase and Exchange Agreement (Pressure Biosciences Inc), Securities Purchase and Exchange Agreement (Pressure Biosciences Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeCelgene Parties. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement and Omnibus Amendment (Juno Therapeutics, Inc.), Share Purchase Agreement (Juno Therapeutics, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented amended or amended waived except in a written instrument signed, in the case of an amendment, signed by the Company Purchaser and the RepresentativeSeller. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Trans-Pacific Aerospace Company, Inc.), Securities Purchase Agreement (Trans-Pacific Aerospace Company, Inc.), Securities Purchase Agreement (Trans-Pacific Aerospace Company, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signedsigned by the waiving party, in the case of an amendment, by the Company and the Representative. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Underwriting Agreement (Aileron Therapeutics, Inc.), Underwriting Agreement (Cognition Therapeutics Inc), Underwriting Agreement (Immix Biopharma, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeRequisite Holders. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Phoenix Motor Inc.), Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Indonesia Energy Corp LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and all of the RepresentativePurchasers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)
Amendments; Waivers. No provision of this This Agreement and any term hereof may be waivedamended, modified, supplemented terminated or amended except in a waived only with the written instrument signed, in consent of the case of an amendment, by the Company Issuer and the RepresentativeIntrexon. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Issuance Agreement, Securities Issuance Agreement (Intrexon Corp), Securities Issuance Agreement (Ziopharm Oncology Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SOCIAL REALITY, Inc.), Securities Purchase Agreement (Kidron Nadav), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)
Amendments; Waivers. No provision of this Agreement or any other Transaction Document may be waived, modified, supplemented supplemented, or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchasers holding at least 50% in interest of the Shares then outstanding. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (LandStar, Inc.), Common Stock Purchase Agreement (LandStar, Inc.), Common Stock Purchase Agreement (Pure Bioscience, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeInvestor. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Pixelworks, Inc), Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Concur Technologies Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchaser. 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 any party Party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Agenus Inc), Convertible Preferred Stock Purchase Agreement, Convertible Preferred Stock Purchase Agreement (Us Energy Corp)
Amendments; Waivers. No provision of this This Agreement and any term hereof may be waivedamended, modified, supplemented terminated or amended except in a waived only with the written instrument signed, in the case consent of an amendment, by the Company and the RepresentativePurchasers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Exicure, Inc.), Form of Securities Purchase Agreement (Yumanity Therapeutics, Inc.), Securities Purchase Agreement (Exicure, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Mastech Digital, Inc.), Securities Purchase Agreement (Mastech Digital, Inc.), Subscription Agreement (ExOne Co)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeParty 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 any party Party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Letter Agreement (VBI Vaccines Inc/Bc), Letter Agreement (VBI Vaccines Inc/Bc), Letter Agreement (Staffing 360 Solutions, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented supplemented, or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeXX Xxxxxx. No waiver of any default with respect to any provision, condition 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 condition, or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeEX Xxxxxx. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Underwriting Agreement (Bright Green Corp), Underwriting Agreement (AppTech Payments Corp.), Underwriting Agreement (AppTech Payments Corp.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeNote Holder. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Conversion and Warrant Amendment Agreement (Nestbuilder.com Corp.), Note Conversion and Warrant Amendment Agreement, Note Conversion and Warrant Amendment Agreement (Surna Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendmentamendment or waiver, by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Stock Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (POSITIVEID Corp), Stock Purchase Agreement (POSITIVEID Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeInvestor or Investors against whom such waiver or amendment is to be enforced. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 3 contracts
Samples: Share Purchase Agreement (Secured Digital Storage CORP), Securities Purchase Agreement (Access Integrated Technologies Inc), Securities Purchase Agreement (Access Integrated Technologies Inc)
Amendments; Waivers. No Except as expressly set forth herein, no provision of this Agreement may be waived, modified, supplemented waived or amended as between the Parties hereto except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeParties. 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 any party either Party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Settlement Agreement (Imcor Pharmaceutical Co), Settlement Agreement (Alliance Pharmaceutical Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except by a written instrument signed by the Purchaser and the Sellers. No provision of this Agreement may be waived except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeparty 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 any either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.
Appears in 2 contracts
Samples: Purchase Agreement (Net Element, Inc.), Membership Interest Purchase Agreement (Net Element, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeAEI. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Synthesis Energy Systems Inc, Synthesis Energy Systems Inc
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeInvestor or Investors holding no less than a majority of the outstanding Preferred Shares. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ProLink Holdings Corp.), Securities Purchase Agreement (ProLink Holdings Corp.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendmentamendment or waiver, by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Purchase Agreement (POSITIVEID Corp), Purchase Agreement (POSITIVEID Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativePurchasers. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Acuitas Group Holdings, LLC), Securities Purchase Agreement (Biovie Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented supplemented, waived or amended amended, except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeeach Investor and in compliance with Section 4.9. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (In8bio, Inc.), Securities Purchase Agreement (Evelo Biosciences, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeCelgene. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (OncoMed Pharmaceuticals Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeLead Manager. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Terms Agreement (TRX GOLD Corp), The Market Offering Agreement (ReneSola LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeRequisite Holder. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (OneMedNet Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeInvestor. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Agreement (HealthLynked Corp), Securities Purchase Agreement (Cannabics Pharmaceuticals Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Representativeeach Manager. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Market Offering Agreement (Pear Therapeutics, Inc.), Terms Agreement (Opgen Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by both the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NewCardio, Inc.), Securities Purchase Agreement (NewCardio, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeMajority Purchasers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Attunity LTD), Securities Purchase Agreement (Attunity LTD)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativePurchaser. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right. Notwithstanding the foregoing, Section 4.11 may not be amended or waived absent the consent of each of the parties hereto.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Global BPO Services Corp), Preferred Stock Purchase Agreement (Wca Waste Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and holders of at least a majority of the Representativeshares of Common Stock issued or issuable upon conversion of the Shares. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aspen Technology Inc /De/), Securities Purchase Agreement (Aspen Technology Inc /De/)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativePurchaser. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Avidity Biosciences, Inc.), Securities Purchase Agreement (Provention Bio, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company, Acquiror Company and the RepresentativeShareholder. 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 any party Party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Share Exchange Agreement (JINHAO MOTOR Co), Share Exchange Agreement (China Chemical Corp.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by both the Company and the RepresentativePurchaser, 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 subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right.either party
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Multicom Publishing Inc), Convertible Preferred Stock Purchase Agreement (Multicom Publishing Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in signed the case of an amendment, by the Company Sellers and the RepresentativePurchaser. No waiver of any default with respect to any provision, condition 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 condition, or requirement hereof, nor shall any delay or omission of any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Magellan Petroleum Corp /De/)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except by a written instrument signed by the Purchaser and the Seller. No provision of this Agreement may be waived except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeparty 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 any either party to exercise any right hereunder in any manner impair the exercise of any such rightright accruing to it thereafter.
Appears in 2 contracts
Samples: Purchase Agreement (Net Element, Inc.), Membership Interest (Net Element, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeapplicable parties. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Exchange Agreement (Northwest Biotherapeutics Inc), Note Purchase Agreement (Northwest Biotherapeutics Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeRequired Purchasers. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Synova Healthcare Group Inc), Securities Purchase Agreement (Synova Healthcare Group Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and each of the RepresentativeManagers. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Market Offering Agreement (Zedge, Inc.), Market Offering Agreement (Zedge, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in signed by all of the case of an amendment, by the Company and the Representativeparties hereto. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Employment Agreement (Prospect Acquisition Corp), Forfeiture Agreement (Prospect Acquisition Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company Buyer and the RepresentativeSeller. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Stock Purchase and Sale Agreement (Cych Inc), Stock Purchase and Sale Agreement (Cych Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and Purchasers of not less than a majority of the RepresentativeShares issued or issuable under this Agreement. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Center Bancorp Inc), Stock Purchase Agreement (Center Bancorp Inc)
Amendments; Waivers. No Except as otherwise set forth herein, any provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeLender. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Loan Modification Agreement (Cyberdefender Corp), Revolving Credit Loan Agreement (Cyberdefender Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the Representativeparty against whom enforcement of any such waived provision 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Vendingdata Corp), Senior Secured Note Purchase Agreement (Vendingdata Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, modification or supplement, by the Company and the RepresentativeManager. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Market Offering Agreement (Know Labs, Inc.), Terms Agreement (ThermoGenesis Holdings, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, signed by the Company and the RepresentativeMajority Purchasers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Achillion Pharmaceuticals Inc), Securities Purchase Agreement (Achillion Pharmaceuticals Inc)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the RepresentativeManager. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.. 39 |||
Appears in 2 contracts
Samples: Market Offering Agreement (eFFECTOR Therapeutics, Inc.), Market Offering Agreement (eFFECTOR Therapeutics, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each of the RepresentativeInvestors. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Acer Therapeutics Inc.), Securities Purchase Agreement (Ikanos Communications, Inc.)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, by the Company Purchasers and the RepresentativeCompany, or, in the case of a waiver, by the Purchasers. 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 any either party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Subscription Agreement (Dialogic Inc.), Subscription Agreement (Tennenbaum Capital Partners LLC)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signedsigned by the waiving party or, in the case of an amendment, by the Company and the Representative. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 2 contracts
Samples: Underwriting Agreement (Profound Medical Corp.), Underwriting Agreement (Sphere 3D Corp)
Amendments; Waivers. No provision of this Agreement may be waived, modified, supplemented waived or amended except in a written instrument signed, in the case of an amendment, signed by the Company and each of the RepresentativePurchasers. 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 any party to exercise any right hereunder in any manner impair the exercise of any such right.
Appears in 1 contract
