Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 48 contracts
Samples: Registration Rights Agreement (Bioject Medical Technologies Inc), Registration Rights Agreement (Perrtech PTY LTD), Registration Rights Agreement (Talon International, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 31 contracts
Samples: Securities Purchase Agreement (Sylios Corp), Stock Purchase Agreement (Great China International Holdings, Inc.), Preferred Stock Purchase Agreement (Bizzingo, Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Purchaser, upon any breach or default of the Company under this Agreement, the Subscription Documents shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 22 contracts
Samples: Securities Purchase Agreement (Lucy Scientific Discovery, Inc.), Securities Purchase Agreement (Novo Integrated Sciences, Inc.), Securities Purchase Agreement (Novo Integrated Sciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 14 contracts
Samples: Registration Rights Agreement (Gulfslope Energy, Inc.), Registration Rights Agreement (Gulf United Energy, Inc.), Registration Rights Agreement (Saratoga Resources Inc /Tx)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Acquired Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitieseach Purchaser, upon any breach or default of the Company under this Agreement, the Loan Documents shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Warrant Purchase Agreement (Learn SPAC HoldCo, Inc.), Convertible Promissory Note Purchase Agreement (XL Fleet Corp.), Convertible Promissory Note Purchase Agreement (Vallon Pharmaceuticals, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any Holder holder of any Registrable Securitiesof the Stock, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, Investor upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, Investor shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (St Cloud Capital Partners Lp), Registration Rights Agreement (Applied Dna Sciences Inc), Registration Rights Agreement (Critical Home Care Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitieseach Purchaser, upon any breach or default of the Company under this Agreement, Agreement or any Note shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Note Purchase Agreement (NorthView Acquisition Corp), Form of Note and Warrant Purchase Agreement (10X Capital Venture Acquisition Corp. III), Form of Note and Warrant Purchase Agreement (10X Capital Venture Acquisition Corp. III)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Eligible Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Rights Agreement (Fluidigm Corp), Preferred Stock Purchase Agreement (Fluidigm Corp), Rights Agreement (Fluidigm Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securitiessecurities issued or sold or to be issued or sold hereunder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Natural Wonders Inc, Natural Wonders Inc, Natural Wonders Inc
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder holder of any Registrable Securities, Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Merge Healthcare Inc), Securities Purchase Agreement (OEP AC Holdings, LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable of the Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under writing or as provided in this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Impinj Inc), Investors’ Rights Agreement (Impinj Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable SecuritiesInvestor, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin such breach or default, or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderInvestor, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Note Purchase Agreement (Virtuix Holdings Inc.), Note Purchase Agreement (Virtuix Holdings Inc.), 2020 Note Purchase Agreement (Virtuix Holdings Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesInvestor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderInvestor, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement, Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc), Series D Preferred Stock Purchase Agreement (Homeaway Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Securities or Warrant Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Agreement (Fs Private Investments LLC), Securities Purchase Agreement (Postabank Es Takarekrenztar), Securities Purchase Agreement (Hungarian Telephone & Cable Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesHolder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (PRN Corp), Securities Rights Agreement (Salon Media Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesCommon Stock, upon any breach or default of the Company Corporation under this Agreement, shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of Common Stock of any breach or default under this Agreement, or any waiver on the part of any Holder such holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any such holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Subscription Agreement (Biomarin Pharmaceutical Inc), Subscription Agreement (Avanex Corp), Subscription Agreement (Biomarin Pharmaceutical Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable SecuritiesHolder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Myos Rens Technology Inc.), Adoption Agreement (Lpath, Inc), Investors’ Rights Agreement (RetailMeNot, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesNoteholder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Noteholder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Noteholder of any breach or default under this Agreement, or any waiver on the part of any Holder Noteholder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderNoteholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Loan Agreement (Spectrx Inc), Loan Agreement (Spectrx Inc), Note Purchase Agreement by And (Guided Therapeutics Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder holder of any Registrable SecuritiesShares or Series C Warrants, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Covad Communications Group Inc), Assignment and Assumption Agreement (Covad Communications Group Inc), Covad Communications Group Inc
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, the Company or the Investor upon any breach or default of the Company either party under this Agreement, any Document shall impair any such right, power or remedy of such Holder the Company or the Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Company or the Investor of any breach or default under this Agreementany Document, or any waiver on the part of any Holder such party of any provisions or conditions of this Agreementany Document, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Documents or by law or otherwise afforded to any holderthe Company or the Investor, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (A Consulting Team Inc), Stock Purchase Agreement (A Consulting Team Inc), Stock Purchase Agreement (A Consulting Team Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder the holder(s) of any Registrable Securities, the Note or Warrant upon any breach or default of the Company a Borrower under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Loan and Securities Purchase Agreement (MDwerks, Inc.), Loan and Securities Purchase Agreement (MDwerks, Inc.), Loan and Securities Purchase Agreement (Global Diversified Industries Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, Purchaser upon any breach or default of the Company under this Agreement, the Agreements shall impair any such right, power or remedy of such Holder Purchaser, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Dakota Growers Pasta Co Inc), Stock Purchase Agreement (Nanophase Technologies Corporation), Stock Purchase Agreement (Nanophase Technologies Corporation)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Purchaser, upon any breach or default of the Company under this Agreement, the Loan Documents shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on by the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on by the part of any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Unsecured Promissory Note Purchase Agreement (Augusta Gold Corp.), Warrant Purchase Agreement (Rhodium Enterprises, Inc.), Secured Promissory Note Purchase Agreement (Augusta Gold Corp.)
Delays or Omissions. No Except as expressly provided herein, no ------------------- delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesHolder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Rights Agreement (Salon Internet Inc), Rights Agreement (Salon Com), Securities Rights Agreement (Salon Media Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor and shall it not be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any . Any waiver of any single breach or default be deemed is not a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be is effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holderHolder, shall be are cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Aegis Industries, Inc.), Registration Rights Agreement (Fortified Holdings Corp.), Registration Rights Agreement (Argan Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitieseach Purchaser, upon any breach or default of the Company under this AgreementAgreement or any Note, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Holder by Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Organovo Holdings, Inc.), License Agreement (Organovo Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Weatherford International Ltd./Switzerland), Registration Rights Agreement (Weatherford International Ltd./Switzerland), Registration Rights Agreement (Weatherford International Ltd./Switzerland)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesShares or Warrants or the Option, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H), Preferred Stock and Warrant Purchase Agreement (J2 Communications /Ca/), Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securitieseach Purchaser, upon any breach or default of the Company under this Agreement, Agreement or any Note shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder by a Purchaser of any breach or default under this Agreement, or any waiver on the part of by any Holder Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holderthe Purchasers, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase and Exchange Agreement (Ascent Solar Technologies, Inc.), Note Purchase Agreement (Ascent Solar Technologies, Inc.), Note Purchase Agreement (Ascent Solar Technologies, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable SecuritiesHolder, upon any breach or default of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or as of or in any similar breach or default thereunder therein occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Consulting Agreement (Center for Wound Healing, Inc.), Registration Rights Agreement (8x8 Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesShareholder under this Agreement, upon any breach or default of the Company any other Shareholder under this Agreement, shall impair any such right, power or remedy of such Holder non-breaching or non-defaulting Shareholder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder party of any breach or default under this Agreement, or any waiver on the part of any Holder party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderShareholder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement (Armeau Brands Inc.)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- power, or remedy accruing to any Holder of any Registrable Securities, the Purchaser upon any breach breach, default or default noncompliance of the Company under this AgreementAgreement or under any other document or agreement contemplated herein, shall impair any such right, power power, or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the Purchaser's part of any Holder of any breach breach, default or default noncompliance under this Agreement, Agreement or under any other document or agreement contemplated herein or any waiver on the Purchaser's part of any Holder of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All , and that all remedies, either under this AgreementAgreement or under any other document or agreement contemplated herein, or by law law, or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Helisys Inc), Preferred Stock Purchase Agreement (Cruttenden Walter W Iii)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Company or to Purchaser, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of such Holder the Company, or Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval Consent of any kind or character on the part of any Holder the Company or Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any Holder the Company or Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law Law or otherwise afforded to any holder, the Company or Purchaser shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Clearwire Corp), Common Stock Purchase Agreement (Clearwire Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Investor of any breach or default under this Agreement, or any waiver on the part of any Holder the Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Investor, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to the Company or to any Holder holder of any Registrable Securitiessecurities issued or to be issued hereunder, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of the Company or such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of the Company or any Holder holder of any breach or default under this Agreement, Agreement or any waiver on the part of the Company or any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to the Company or any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Pericom Semiconductor Corp), Preferred Stock Purchase Agreement (Pericom Semiconductor Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, the Company or such Investor upon any breach or default of the Company any party under this Agreement, any Document shall impair any such right, power or remedy of the Company or such Holder Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Company or such Investor of any breach or default under this Agreementany Document, or any waiver on the part of any Holder such party of any provisions or conditions of this Agreementany Document, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Documents or by law or otherwise afforded to any holderthe Company or such Investor, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (A Consulting Team Inc), Stock Purchase Agreement (A Consulting Team Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securitiesshares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Vocera Communications, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesShares or Conversion Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Visalia Trust), Preferred Stock and Warrant Purchase Agreement (Telantis Venture Partners v Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of the Bridge Note (or any Registrable Securities, portion thereof) upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Medical Solutions Management Inc.), Note Purchase Agreement (Omnireliant Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securitiesof the Stock, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder party of any holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Rights Agreement (Simplex Solutions Inc), Rights Agreement (Accelgraphics Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of OvaScience or the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin such breach or default, or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder Purchaser of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, Purchaser shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (OvaScience, Inc.), Stock Purchase Agreement (OvaScience, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesInvestor, upon any breach or default of the Company or any other Investor under this Agreement, shall impair any such right, power or remedy of such Holder Investor, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Rights Agreement (Metron Technology N V), Rights Agreement (Entegris Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Purchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder the Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder the Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Purchaser, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Conversion and Common Stock Purchase Agreement (Lescarden Inc), Common Stock Purchase Agreement (Lescarden Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurringoccurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or or, default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Phoenix Registration Rights Agreement (Millitech Corp), Phoenix Registration Rights Agreement (Telaxis Communications Corp)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Webmd Inc), Registration Rights Agreement (Intercept Group Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Intercept Group Inc), Registration Rights Agreement (Turbochef Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, Notes upon any breach or default of the Company Issuers under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Note Purchase Agreement (Global Partners Lp), Note Purchase Agreement (Global Partners Lp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, Purchasers upon any breach or default of the Company under this Agreement, the Agreements shall impair any such right, power or remedy of such Holder Purchasers, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchasers of any breach or default under this Agreement, or any waiver on the part of any Holder party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderPurchasers, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (La Bella Holdings LLC), Stock Purchase Agreement (Dakota Growers Pasta Co Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, the Company or the Investor upon any breach or default of the Company any party under this Agreement, any Document shall impair any such right, power or remedy of such Holder the Company or the Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder the Company or the Investor of any breach or default under this Agreementany Document, or any waiver on the part of any Holder such party of any provisions or conditions of this Agreementany Document, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Documents or by law or otherwise afforded to any holderthe Company or the Investor, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (A Consulting Team Inc), Stock Purchase Agreement (Level 8 Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder holder of any Registrable Securities, Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Share Purchase Agreement (Kana Software Inc), Securities Purchase Agreement (Notify Technology Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Corporation Stock Purchase Agreement (Nve Corp /New/), Nve Corporation Stock Purchase Agreement (Cypress Semiconductor Corp /De/)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- or remedy accruing to any Holder holder of any Registrable Securities, Shares upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.. [this space left intentionally blank]
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Expedia Inc), Common Stock Purchase Agreement (Expedia Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Series a Preferred Stock Purchase Agreement (Internet Capital Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the a Purchaser's part of any Holder of any breach or default under this Agreement, or any waiver on the a Purchaser's part of any Holder of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any holdera Purchaser, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Internetconnect Inc), Preferred Stock Purchase Agreement (Internetconnect Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable the Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Investor of any breach or default under this Agreement, or any waiver on the part of any Holder Investor of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Foregoing Agreement (Marrone Bio Innovations Inc), Foregoing Agreement (Marrone Bio Innovations Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Acquired Notes upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternativealternative or exclusive.
Appears in 2 contracts
Samples: Registration Rights Agreement (ABC Funding, Inc), Registration Rights Agreement (ABC Funding, Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Shares or to the Company upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder or of the Company, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder or of the Company of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Hall Kinion & Associates Inc), Registration Rights Agreement (Safeguard Scientifics Inc Et Al)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securitiesthe Note, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Note Purchase Agreement (Redgate Media Group), Note Purchase Agreement (Redgate Media Group)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurringoccurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or or, default theretofore or thereafter occurring. Any waiver, ; permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Boston Federal Registration Rights Agreement (Millitech Corp), Registration Rights Agreement (Telaxis Communications Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesShares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase and Recapitalization Agreement (Quantum Corp /De/), Rights Agreement (Avesta Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, in any such breach or default or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Investor or Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder or Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Investor or Holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Investor Rights Agreement (Integrated Biopharma Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, of the Series CC Preferred Stock (or the Conversion Stock) upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any ---------------------- right, power or remedy accruing to any Holder holder of any Registrable Securitiesof the Stock, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Stock Purchase Agreement (Golfgear)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company Buyer under this Agreement, shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Dynastar Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- power, or remedy accruing to any Holder Shareholder of any Registrable Securities, upon any breach or default of the Company InterCept under this Agreement, shall impair any such right, power power, or remedy of such Holder Shareholder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder Shareholder of any breach or default under this Agreement, or any waiver on the part of any Holder Shareholder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holderShareholder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Intercept Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Series A Preferred Stock or Conversion Shares upon any breach or default of the Company W&T under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesor Founder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder or Founder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder or Founder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder or Founder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder or Founder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Paradigm Genetics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Series A Preferred (or Common Stock issued upon conversion thereof) upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Aether Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesor Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder or Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder or Investor of any breach or default under this Agreement, or any waiver on the part of any Holder or Investor of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, Holder or Investor shall be cumulative and not alternative.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Magma Design Automation Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Piggy Back Registration Rights Agreement (Healthtronics, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, shares of the Company's stock upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Stockholders' Agreement (Divx Inc)
Delays or Omissions. No delay or omission to exercise any right, ---- ------------------- power or remedy accruing to any Holder holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurringoccurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or or, default theretofore or thereafter occurring. Any waiver, ; permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any Holder of any Registrable Securitiesperson or entity hereunder, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder person or entity hereunder of any breach or default under this Agreement, or any waiver on the part of any Holder such person or entity of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securitiesa Secured Party, upon any breach or default of the Company Debtor under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder the Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder the Majority Holders of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder the Majority Holders of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Investors, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesSecurities issued or sold or to be issued or sold hereunder, upon any breach or default of the Company Corporation under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, Securityholder upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder Securityholder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Securityholder of any breach or default under this Agreement, or any waiver on the part of any Holder Securityholder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, Securityholder shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to the Company or to any Holder holder of any Registrable Securitiessecurities issued or to be issued hereunder, upon any breach or default of the Company any party hereto under this Agreement, shall impair any such right, power or remedy of the Company or such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of the Company or any Holder holder of any breach or default under this Agreement, Agreement or any waiver on the part of the company or any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to the Company or any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Pericom Semiconductor Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Eastman Kodak Co)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, ADAC upon any breach or default of the Company Shareholder under this Agreement, shall impair any such right, power or remedy of such Holder ADAC nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder ADAC of any breach or default under this Agreement, or any waiver on the part of any Holder ADAC of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderADAC, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.,
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Peoples Liberation Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesNMR, upon any breach or default of the Company NRI under this Agreement, shall impair any such right, power or remedy of such Holder NMR nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder NMR of any breach or default under this Agreement, or any waiver on the part of any Holder NMR of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable Securities, Securities upon any breach or default of Intersolv or the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Agreement (Furman Selz Sbic L P)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder of any Registrable Securitiesor Investor, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder or Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder or Investor of any breach or default under this Agreement, or any waiver on the part of any Holder or Investor of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, Holder or Investor shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesPurchaser, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder Purchaser nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder Purchaser of any breach or default under this Agreement, or any waiver on the part of any Holder Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderPurchaser, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Bristow Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securities, Securities upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder Holder, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any Holder of any Registrable Securitiesthe Investor, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power power, or remedy of such Holder the Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar breach or default thereunder occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any Holder the Investor of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder the Investor of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holderthe Investor, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (NYTEX Energy Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any holder, shall be cumulative and not alternative.All
Appears in 1 contract
Samples: Corporation Registration Rights Agreement (Healtheon Webmd Corp)
Delays or Omissions. No Except as otherwise provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable SecuritiesHolder, upon any breach or default of the Company under this Agreement, Agreement shall impair any such right, power or remedy of such Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, Agreement or any waiver on the part of any Holder of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or in equity, or otherwise afforded to any holderHolder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesCapital Shares, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Holder holder of any Registrable SecuritiesNote, upon any breach or default of the Company under this AgreementAgreement or any of the other Financing Documents, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or any of the other Financing Documents or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Note Purchase Agreement (United Insurance Holdings Corp.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any Holder holder of any Registrable of the Securities, upon any breach or default of the Company under this Agreement, shall impair any such right, power or remedy of such Holder holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder holder of any breach or default under this Agreement, or any waiver on the part of any Holder holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Flycast Communications Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any Holder of any Registrable Securitiesthe Holder, upon any breach or default of the Company under this AgreementWarrant, shall impair any such right, power or remedy of such the Holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereunder thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Warrant or by law or otherwise afforded to any holder, shall be cumulative and not alternative.
Appears in 1 contract
