Common use of Extension; Waiver Clause in Contracts

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 111 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (TigerLogic CORP), Agreement and Plan of Merger (Best Buy Co Inc)

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Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 90 contracts

Samples: Exchange Agreement, Agreement for Share Exchange, Agreement for Share Exchange (Adm Endeavors, Inc.)

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 85 contracts

Samples: Agreement and Plan of Reorganization (Black Ridge Acquisition Corp.), Agreement and Plan of Merger (Global Ship Lease, Inc.), Sale and Purchase Agreement (Long Blockchain Corp.)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 74 contracts

Samples: Agreement and Plan of Merger (Art Technology Group Inc), V Agreement and Plan of Merger (Inovio Biomedical Corp), Agreement and Plan of Merger (Inverness Medical Innovations Inc)

Extension; Waiver. At any time prior to the Effective Time any Time, each party hereto maymay by action taken by its Board of Directors, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 29 contracts

Samples: Agreement and Plan of Merger (Forbes Energy Services Ltd.), Agreement and Plan of Merger (Superior Energy Services Inc), Agreement and Plan of Merger (Hanover Compressor Co /)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Boards of Directors, may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 24 contracts

Samples: Agreement and Plan of Merger (Convio, Inc.), Agreement and Plan of Merger (Spinnaker Exploration Co), Agreement and Plan of Merger (Pure Biofuels Corp)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 20 contracts

Samples: Agreement and Plan of Reorganization (Juno Therapeutics, Inc.), Agreement and Plan of Merger (Pc Universe Inc), Agreement and Plan of Merger (Hispanamerica Corp)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party hereto contained herein or in any document delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such any other party hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 19 contracts

Samples: Agreement and Plan of Merger (Advanced Medical Optics Inc), Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Emc Corp)

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 18 contracts

Samples: Asset Purchase Agreement (Mobivity Holdings Corp.), Assignment and Assumption Agreement (S&W Seed Co), Asset Purchase Agreement (Commercetel Corp)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 17 contracts

Samples: Agreement and Plan of Merger (Cascade Microtech Inc), Agreement and Plan of Merger (Durect Corp), Agreement and Plan of Merger and Reorganization (Deltagen Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Sciquest Inc), Document Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Vitalstream Holdings Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. SECTION EIGHT

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Paypal Inc), Agreement and Plan of Merger (Amera Link Inc), Agreement and Plan of Merger (Euniverse Inc)

Extension; Waiver. At any time prior to the Effective Time any Time, each party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (Holly Corp), Agreement and Plan of Merger (Frontier Oil Corp /New/), Agreement and Plan of Reorganization (American Post Tension, Inc.)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Trust Managers or General Partner, as applicable, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (American Industrial Properties Reit Inc), Agreement and Plan of Merger (Usaa Income Properties Iii LTD Partnership), Agreement and Plan of Merger (American Industrial Properties Reit Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such the other party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty granting such waiver or extension.

Appears in 11 contracts

Samples: Agreement and Plan of Reorganization (Nptest Holding Corp), Agreement and Plan of Reorganization (Authorize.Net Holdings, Inc.), Agreement and Plan of Reorganization (Centra Software Inc)

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, in their respective sole discretion and to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto thereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Superior Energy Services Inc), Registration Rights Agreement (Superior Energy Services Inc), Stock Purchase Agreement (Superior Energy Services Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the Parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 10 contracts

Samples: Agreement for Share Exchange (Studio Ii Brands Inc), Agreement for Share Exchange (Studio Ii Brands Inc), Agreement for Share Exchange (Will Tone LTD)

Extension; Waiver. At any time prior to the Effective Time any party Closing, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 10 contracts

Samples: Asset Purchase Agreement (Electro Sensors Inc), Agreement and Plan of Merger (Wyman Gordon Co), Agreement and Plan of Merger (Safety 1st Inc)

Extension; Waiver. At any time prior to the Effective Time any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 10 contracts

Samples: Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (Emachines Inc /De/), Agreement and Plan of Reorganization (Softdesk Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Party may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties hereto intended for such Party’s benefit, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Appears in 10 contracts

Samples: Agreement and Plan of Merger and Acquisition (Adama Technologies Corp), Agreement and Plan of Merger (Novation Holdings Inc), Agreement and Plan of Merger (Allezoe Medical Holdings Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of any other party hereto to the other parties heretoparty extending such time, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 9 contracts

Samples: Agreement and Plan of Reorganization (Lionbridge Technologies Inc /De/), Agreement and Plan of Reorganization (Cognos Inc), Agreement and Plan of Merger (Delano Technology Corp)

Extension; Waiver. At Subject to Section 1.03(c), at any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Zeigler Coal Holding Co), Agreement and Plan of Merger (3-D Geophysical Inc), Agreement and Plan of Merger (Jevic Transportation Inc)

Extension; Waiver. At any time prior to the Effective Time any ----------------- party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 8 contracts

Samples: Agreement and Plan of Merger and Reorganization (E Trade Group Inc), Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Reorganization (Cacheflow Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document document, certificate or writing delivered pursuant hereto and hereto, or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Megabank Financial Corp), Agreement and Plan of Reorganization (FVNB Corp), Agreement and Plan of Merger (Compass Bancshares Inc)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Communications Instruments Inc), Agreement and Plan of Merger (Corcom Inc), Agreement and Plan of Merger (Vincor Holdings Inc)

Extension; Waiver. At any time prior to the Effective Time any party Closing, each of the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and hereto, (iii) waive compliance with any of the agreements or conditions for of the benefit of such other party contained herein, or (iv) waive any condition to its obligations hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 8 contracts

Samples: Asset Sale Agreement (Ibeam Broadcasting Corp), Purchase and Sale Agreement (Leucadia National Corp), Asset Sale Agreement (Williams Communications Group Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party may, to the extent legally allowed, allowed (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Fonon Corp), Agreement and Plan of Merger (Inferx Corp), Agreement and Plan of Merger (Winning Edge International, Inc.)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayThe parties hereto, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein by any other applicable party or in any document document, certificate or writing delivered pursuant hereto and by any other applicable party or (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Magida Stephen A), Securities Purchase Agreement (Mansfield Teddy L), Securities Purchase Agreement (SCC Investment I Lp)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 7 contracts

Samples: Exhibit 2 Agreement and Plan of Merger (Taco Cabana Inc), Agreement and Plan of Merger (Carlyle Industries Inc), Agreement and Plan of Merger (Park National Corp /Oh/)

Extension; Waiver. At any time prior to the Effective Time Time, any party Party hereto may, to the extent legally allowed, (i1) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, (ii2) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii3) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Appears in 7 contracts

Samples: Iv Acquisition Agreement (Fargo Electronics Inc), Iv Acquisition Agreement (Fargo Electronics Inc), Iv Acquisition Agreement (Zebra Technologies Corp/De)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Amtec Inc), Agreement and Plan of Reorganization (Kroll Inc), Agreement and Plan of Reorganization (Ontrack Data International Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Choicetel Communications Inc /Mn/), Agreement and Plan of Reorganization (Wadhwani Romesh), Agreement and Plan of Reorganization (Kana Communications Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance by any other party with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyby the party or parties to be bond thereby.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Think New Ideas Inc), Agreement and Plan of Merger (Edg Capital Inc), Agreement and Plan of Merger (Answerthink Consulting Group Inc)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Juno Therapeutics, Inc.), Merger Agreement and Plan of Reorganization (Medsolutions Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the any other parties hereto, party; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party; or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Century Communications Corp), Agreement and Plan of Merger (Adelphia Communications Corp), Agreement and Plan of Merger (Apache Medical Systems Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc), Agreement and Plan of Merger (Ti Group PLC), Agreement and Plan of Merger (Arqule Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Opentv Corp), Agreement and Plan of Reorganization (Novell Inc), Agreement and Plan of Merger and Reorganization (Centra Software Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance by any other party with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyby the party or parties to be bound thereby.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Salix Pharmaceuticals LTD), Agreement and Plan of Merger (Mobile Reach International Inc), Agreement and Plan of Merger (Mobile Reach International Inc)

Extension; Waiver. At any time prior to the Effective Time any party Closing, each of the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties heretoparty, (ii) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and hereto, (iii) waive compliance with any of the agreements or conditions for the benefit of such any other party contained hereinherein or (iv) waive any condition to its obligations hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 6 contracts

Samples: Purchase Agreement (Liberty Tax Credit Plus Iii Lp), Purchase Agreement (Liberty Tax Credit Plus Lp), Purchase Agreement (Cambridge Advantaged Properties Ii Limited Partnership)

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 6 contracts

Samples: Business Combination Agreement (Numberbubble, S.A.), Business Combination Agreement (Schwarz Jeffrey E), Agreement and Plan of Merger (Big Rock Partners Acquisition Corp.)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the Parties hereto, by action taken or authorized by their respective Boards of Directors, may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Total Sports Media, Inc.), Agreement and Plan of Merger (Advanced Environmental Petroleum Producers Inc.), Agreement and Plan of Merger (GlyEco, Inc.)

Extension; Waiver. At any time prior to the Effective Time any party Closing, each of the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such of the other party contained herein or in any document delivered pursuant hereto and hereto, (iii) waive compliance with any of the agreements or conditions for of the benefit of such other party contained hereinherein or (iv) waive any condition to its obligations hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Mining Services International Corp/), Asset Purchase Agreement (Mining Services International Corp/), Asset Purchase Agreement (Mining Services International Corp/)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (PLX Technology Inc), Agreement and Plan of Merger (Smartalk Teleservices Inc), Agreement and Plan of Merger (MTL Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (McData Corp), Agreement and Plan of Reorganization (Silicon Laboratories Inc), Agreement and Plan of Merger and Reorganization (Endorex Corp)

Extension; Waiver. At any time and from time to time prior to the Effective Time Time, any party or parties hereto may, to the extent legally allowedallowed and except as otherwise set forth herein, (ia) extend the time for the performance of any of the obligations or other acts of the other party or parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto as applicable and (iiib) waive compliance with any of the agreements or conditions for the benefit of such party or parties hereto contained herein. Any agreement on the part of a party or parties hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty or parties, as applicable. Any delay in exercising any right under this Amendment shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Integrated Silicon Solution Inc), Agreement and Plan of Merger (Integrated Silicon Solution Inc), Agreement and Plan of Merger (Integrated Silicon Solution Inc)

Extension; Waiver. At any time prior to the Effective Time any party The parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other applicable party or in any document document, certificate or writing delivered pursuant hereto and by any other applicable party or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Escrow Agreement (Vodafone Americas Bv), Acquisition Agreement (Vodafone Americas Bv), Acquisition Agreement (Grupo Iusacell Sa De Cv)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretohereto contained herein, (ii) waive any inaccuracies in the representations and warranties made to such party of the other parties hereto contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for of the benefit of such party other parties hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Jefferson Smurfit Corp /De/), Agreement and Plan of Merger (Motivepower Industries Inc), Voting Agreement (Westinghouse Air Brake Co /De/)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Digene Corp), Agreement and Plan of Reorganization (Rosetta Inpharmatics Inc), Agreement and Plan of Merger (Citrix Systems Inc)

Extension; Waiver. At any time prior to the Effective Time any party ----------------- Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Durect Corp), Agreement and Plan of Merger (Mpath Interactive Inc/Ca), Agreement and Plan of Merger (Applied Micro Circuits Corp)

Extension; Waiver. At any time prior to the Effective Time Time, any ----------------- party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of any other party hereto to the other parties heretoparty extending such time, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Escrow Agreement (Del Arroz Manuel), Agreement and Plan of Reorganization (Lionbridge Technologies Inc /De/), Agreement and Plan of Reorganization (Transwitch Corp /De)

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Acquisition Agreement (Mojave Southern Inc), Acquisition Agreement (Mojave Southern Inc), Acquisition Agreement (BRL Holdings Inc)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Share Exchange Agreement (Iveda Solutions, Inc.), Share Exchange Agreement (Iveda Solutions, Inc.), Share Exchange Agreement (Iveda Solutions, Inc.)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Exhibit 1 (Medical Dynamics Inc), Agreement and Plan of Merger (Practice Works Inc), Agreement and Plan of Merger and Reorganization (Medical Dynamics Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Delay in exercising any right under this Agreement shall not constitute a waiver of such right. -50- 56

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Komag Inc /De/), Agreement and Plan of Reorganization (Komag Inc /De/), Agreement and Plan of Reorganization (Komag Inc /De/)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Corvas International Inc), Agreement and Plan of Merger (Dendreon Corp), Agreement and Plan of Merger (Sos Staffing Services Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Twin Vee PowerCats, Co.), Plan of Merger (New Age Beverages Corp), Agreement and Plan of Merger (Callisto Pharmaceuticals Inc)

Extension; Waiver. At any time prior to before the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein in this Agreement or in any document delivered pursuant hereto made to such party, and (iii) waive compliance with any of the agreements agreements, covenants, or conditions in this Agreement for the benefit of such party contained hereinparty. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing and signed on behalf of such partyby the party against whom the waiver is to be effective.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Flow International Corp), Agreement and Plan of Merger (Flow International Corp), Agreement and Plan of Merger (Flow International Corp)

Extension; Waiver. At any time prior to the Effective Time any party Date, the parties hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Avnet Inc), Agreement (Marshall Industries), Agreement and Plan of Merger (Avnet Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document document, certificate or writing delivered pursuant hereto and or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement agreements on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Global Secure Corp.), Agreement and Plan of Merger (Tirex Corp), Agreement and Plan of Merger (Infinite Technology Group LTD)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action duly taken, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Arrow Electronics Inc), Agreement and Plan of Merger (Arrow Electronics Inc), Agreement and Plan of Merger (Arrow Electronics Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (iib) to the extent permitted by Law, waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto or (c) subject to the proviso to the first sentence of Section 7.03 and (iii) to the extent permitted by Law, waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Teleflex Medical Inc), Agreement and Plan of Merger (Arrow International Inc), Agreement and Plan of Merger (Teleflex Inc)

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Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (Seagate Technology Inc), Agreement and Plan of Merger and Reorganization (Seagate Technology Holdings), Agreement and Plan of Merger and Reorganization (Veritas Software Corp /De/)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (Electronic Fab Technology Corp), Agreement and Plan of Reorganization (I2 Technologies Inc)

Extension; Waiver. At Subject to Section 1.3(c), at any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (United States Filter Corp), Agreement and Plan of Merger (3-D Geophysical Inc), Agreement and Plan of Merger (United States Filter Corp)

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered by the other parties pursuant hereto and (iii) waive compliance by the other parties with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Kintera Inc), Agreement and Plan of Merger and Reorganization (Kintera Inc), Agreement and Plan of Merger and Reorganization (Kintera Inc)

Extension; Waiver. At any time prior to the Effective Time any Time, either party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Morgan Associates Inc), Agreement and Plan of Merger (K N Energy Inc), Agreement and Plan of Merger (Kinder Richard D)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Visio Corp), Agreement and Plan of Reorganization (Upgrade International Corp /Fl/), Agreement and Plan of Reorganization (Pathways Group Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, may, to the extent legally allowedpermitted, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Producers Entertainment Group LTD), Agreement and Plan of Merger (Producers Entertainment Group LTD), Agreement and Plan of Merger (Producers Entertainment Group LTD)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Boards of Directors, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Intellisync Corp), Agreement and Plan of Reorganization (Applied Microsystems Corp /Wa/), Agreement of Merger (Zhone Technologies Inc)

Extension; Waiver. At any time prior to the Effective Time Closing Date, any party hereto hereto, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Bedford Holdings Inc), Exchange Agreement (Kranzco Realty Trust), Exchange Agreement (New America Network Inc)

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, in their respective sole discretion and to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto thereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Appears in 3 contracts

Samples: Agreement of Merger (Omni Energy Services Corp), Agreement of Merger by And (Omni Energy Services Corp), Agreement and Plan of Merger (Superior Energy Services Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the ----------------- parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Gold Banc Corp Inc), Agreement and Plan (Gold Banc Corp Inc), Agreement and Plan of Merger (Andromedia Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowedallowed and in its sole and absolute discretion, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Predictive Systems Inc), Agreement and Plan of Reorganization (Predictive Systems Inc), Agreement and Plan of Reorganization (Predictive Systems Inc)

Extension; Waiver. At any time prior to the Effective Time any party Date, the parties hereto maymay by mutual written agreement, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Grant Ventures Inc), Agreement and Plan of Merger (Widepoint Corp), Agreement and Plan of Merger (Grant Ventures Inc)

Extension; Waiver. At any time prior to the Acquisition Merger Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party hereto contained herein or in any document delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such any other party hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (August Technology Corp), Agreement and Plan of Merger (Nanometrics Inc), Agreement and Plan of Merger (Nanometrics Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document document, certificate or writing delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained hereinherein unless waiver is unlawful or specifically prohibited. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Finishmaster Inc), Agreement and Plan of Merger (Ldi LTD), Agreement and Plan of Merger (Bastion Capital Fund Lp)

Extension; Waiver. At any time prior to the Effective Time any party Time, ----------------- the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Loudeye Technologies Inc), Agreement and Plan of Merger (Worldres Com Inc), Agreement and Plan of Merger (Metawave Communications Corp)

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Seagate Technology Malaysia Holding Co Cayman Islands), Stock Purchase Agreement (Veritas Software Corp /De/), Stock Purchase Agreement (Seagate Technology Holdings)

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Union Street Acquisition Corp.), Agreement and Plan of Merger (Perma Fix Environmental Services Inc), Membership Interest Purchase Agreement (Union Street Acquisition Corp.)

Extension; Waiver. At any time prior to the Effective Time Time, any party ----------------- hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: The Agreement and Plan of Reorganization (Expedia Inc), Agreement and Plan of Reorganization (Primus Knowledge Solutions Inc), Agreement and Plan of Reorganization (Expedia Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein in this Agreement or in any document delivered pursuant hereto made to such party, and (iii) waive compliance with any of the agreements agreements, covenants, or conditions in this Agreement for the benefit of such party contained hereinparty. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing and signed on behalf of such partyby the party against whom the waiver is to be effective.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Gsi Commerce Inc), Agreement and Plan of Merger (Gsi Commerce Inc), Agreement and Plan of Merger (F5 Networks Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 3 contracts

Samples: Escrow Agreement (Getthere Com), Agreement and Plan of Reorganization (PDF Solutions Inc), Agreement and Plan of Merger (Magnavision Corporation)

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered by the other parties pursuant hereto and (iii) waive compliance by the other parties with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.. ARTICLE X

Appears in 3 contracts

Samples: Asset Purchase Agreement (Kintera Inc), Agreement and Plan of Merger and Reorganization (Kintera Inc), Agreement and Plan of Merger and Reorganization (Kintera Inc)

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoparty, (iib) waive any inaccuracies in the representations and warranties made to such of the other party contained herein or in any document document, certificate or writing delivered pursuant hereto and or (iiic) waive compliance by the party with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Power Conversion Corporation), Agreement and Plan of Merger (Commerce Group Inc /Ma)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party the other parties contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty granting such waiver or extension and only for the specific instance for which such waiver or extension was granted.

Appears in 2 contracts

Samples: Confidentiality and Intellectual Property Agreement (Implant Sciences Corp), Agreement and Plan of Merger and Reorganization (Biodelivery Sciences International Inc)

Extension; Waiver. At any time prior to the Effective Time any Time, each party hereto maymay by action taken by its board of directors, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Consolidated Natural Gas Co/Va), Agreement and Plan of Merger (Louis Dreyfus Natural Gas Corp)

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, the parties hereto, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive waive, to the extent permitted by applicable law, compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall shay be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Reorganization (Bio Technology General Corp)

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Global Services Partners Acquisition Corp.), Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Digital Domain), Agreement and Plan of Reorganization (Digital Domain)

Extension; Waiver. At any time prior to the Effective Time Closing Date, any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Watson Pharmaceuticals Inc), Stock Purchase Agreement (Watson Pharmaceuticals Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Delay in exercising any right under this Agreement shall not constitute a waiver of such right. ARTICLE VIII

Appears in 2 contracts

Samples: Escrow Agreement (MSC Software Corp), Agreement and Plan of Merger (Fuel Corp of America)

Extension; Waiver. At any time prior to the Effective Time any party hereto Party may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mercer Insurance Group Inc), Agreement and Plan of Reorganization (Old Guard Group Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants, or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ydi Wireless Inc), Agreement and Plan of Merger (Ydi Wireless Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party may, to the extent legally allowed, : (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, Parties; (iib) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto hereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Smaha Stephen E), Agreement and Plan of Merger (Trusted Information Systems Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Superclick Inc)

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the Parties may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretohereto contained here, (ii) waive any inaccuracies in the representations and warranties made to such party of the other Parties contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for of the benefit of such party other Parties contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (National Information Group), Agreement and Plan of Merger (Speizer Mark)

Extension; Waiver. At any time prior to the Effective Time any party ----------------- Time, the parties hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Onvia Com Inc), Agreement and Plan of Merger (Onvia Com Inc)

Extension; Waiver. At any time prior to the Effective Time any Any party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Stockholders Agreement (Heisley Michael E Et Al), Stockholders Agreement (Worldport Communications Inc)

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors or Trust Managers, as the case may be, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Supertel Hospitality Inc), Agreement and Plan of Merger (PMC Commercial Trust /Tx)

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