Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (1st Constitution Bancorp), Agreement and Plan of Merger (Lakeland Bancorp Inc), Agreement and Plan of Merger (ConnectOne Bancorp, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso in Section 8.03, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Specialized Health Products International Inc), Agreement and Plan of Merger (National Home Health Care Corp), Agreement and Plan of Merger (National Home Health Care Corp)
Extension; Waiver. At any time prior to the Effective TimeExpiration Date, each of the Parties may, parties to the extent legally allowed, this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 10 contracts
Samples: Voting Agreement (Marcato Capital Management Lp), Support Agreement (United Engineers LTD), Voting Agreement (Walt Disney Co/)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso in Section 8.04, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Nurx Pharmaceuticals, Inc.), Agreement and Plan of Merger (Quantrx Biomedical Corp), Agreement and Plan of Merger (Magellan Holdings, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.2, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Detection Systems Inc), Agreement and Plan of Merger (Bosch Security Systems Corp), Agreement and Plan of Merger (Sunbeam Corp/Fl/)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties Merger, the parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) subject to the proviso of Section 7.3, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Bettis Corp /De/), Agreement and Plan of Merger (Camco International Inc), Agreement and Plan of Merger (Evi Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein or in any document delivered pursuant hereto and (c) waive compliance by the other parties with any of the agreements or conditions of the other 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 a written instrument signed on behalf of the party against which such Party, but such extension or waiver or extension is to be enforced. The failure of a party to insist on strict compliance with an obligation, covenant, agreement assert any of its rights under this Agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Navisite Inc), Agreement and Plan of Merger (Summit Properties Inc), Agreement and Plan of Merger (Geo Group Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.10, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall otherwise will not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Smtek International Inc), Agreement and Plan of Merger (Cleveland Cliffs Inc), Agreement and Plan of Merger (Alpha Natural Resources, Inc.)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty hereto, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (First State Bancorporation), Agreement and Plan of Merger (First State Bancorporation), Agreement and Plan of Merger (Access Anytime Bancorp Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document delivered pursuant hereto and (c) waive compliance by the other party with any of the agreements or conditions of the other 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 a written instrument signed on behalf of the party against which such Party, but such extension or waiver or extension is to be enforced. The failure of a party to insist on strict compliance with an obligation, covenant, agreement assert any of its rights under this Agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Rc2 Corp), Agreement and Plan of Merger (La Quinta Properties Inc), Agreement and Plan of Merger (La Quinta Properties Inc)
Extension; Waiver. At any time prior to the Effective Time, each party, by action taken or authorized by its Board of the Parties Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurenon-compliance.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Corporate Capital Trust, Inc.), Agreement and Plan of Merger (Corporate Capital Trust, Inc.), Agreement and Plan of Merger (FS Investment CORP)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Travelers Group Inc), Agreement and Plan of Merger (Citation Corp /Al/), Merger Agreement (Unum Corp)
Extension; Waiver. At any time prior to before the Effective Time, each of the Parties may, to the extent legally allowed, any Party may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParty under or pursuant to this Agreement, (b) waive any inaccuracies in the representations and warranties of made by the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements covenants made by the other Party, or conditions any of the other conditions benefiting such waiving Party contained hereincontained, in this Agreement. Any agreement on the part of a any Party to any such extension or waiver shall be valid as against such Party only if set forth in a written instrument signed on behalf of such Party. Except for a waiver effected in accordance with the previous sentence, but such extension the failure of any Party to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 5 contracts
Samples: Arrangement Agreement (Chord Energy Corp), Arrangement Agreement (ENERPLUS Corp), Arrangement Agreement (Whiting Petroleum Corp)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties mayMerger, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Boise Cascade Corp), Trust Agreement (Homestake Mining Co /De/), Agreement and Plan of Merger (Officemax Inc /Oh/)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 9.2, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Data Research Associates Inc), Agreement and Plan of Merger (Fedders Corp /De), Agreement and Plan of Merger (Softworks Inc)
Extension; Waiver. At any time prior to the Effective Time, each of Parent and Merger Sub, on the Parties mayone hand, to and the extent legally allowedCompany, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or, (c) subject to applicable Laws, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by such party. The failure or delay of any party to assert any of its rights under this Agreement or otherwise shall not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (CSR PLC), Agreement and Plan of Merger (Zoran Corp \De\), Agreement and Plan of Merger (CSR PLC)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and to this Agreement, (c) subject to Section 8.03(a), waive compliance with any covenants and agreements contained herein or (d) waive the satisfaction of any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Allete Inc), Agreement and Plan of Merger (Allete Inc), Agreement and Plan of Merger (El Paso Electric Co /Tx/)
Extension; Waiver. At any time prior to the Effective Time, each of Parent and Merger Sub, on the Parties mayone hand, to and the extent legally allowedShareholder, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement, or (c) waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in a written an instrument in writing signed on behalf by such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise or the course of dealings of any party to this Agreement contrary to the assertion of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall rights will not operate as constitute a waiver of, of such rights or estoppel with respect to, any subsequent or other failureotherwise impair the enforceability of such rights.
Appears in 5 contracts
Samples: Support Agreement (Shamir Optica Holdings A.C.S. Ltd.), Support Agreement (Essilor International /Fi), Support Agreement (Essilor International /Fi)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.3, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (National Grid PLC), Agreement and Plan of Merger (Republic Group Inc), Agreement and Plan of Merger (Republic Group Inc)
Extension; Waiver. At Subject to Section 2.3(c), at any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of 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 a written instrument signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CF Industries Holdings, Inc.), Agreement and Plan of Merger (Terra Industries Inc), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party another party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the two provisos of Section 8.03, waive compliance with any of the agreements or conditions of the other Party another party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Millstream Acquisition Corp), Agreement and Plan of Merger (RGGPLS Holding, Inc.), Agreement and Plan of Merger (GRH Holdings, L.L.C.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and to this Agreement, (c) subject to Section 8.03(a), waive compliance with any covenants and agreements contained herein or (d) waive the satisfaction of any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Great Plains Energy Inc), Agreement and Plan of Merger (Westar Energy Inc /Ks), Agreement and Plan of Merger (Kansas City Power & Light Co)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso in Section 9.03, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn), Acquisition Agreement And (GMM Capital LLC)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties mayMerger, to the extent legally allowed, parties may (ai) extend the time for the performance of any of the obligations or other acts of the other Party, parties; (bii) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement; or (ciii) subject to the proviso of Section 7.3, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mainsource Financial Group), Agreement and Plan of Merger (Premier Financial Bancorp Inc), Agreement and Plan of Merger (Pfbi Capital Trust)
Extension; Waiver. At any time prior to the Third Step Merger Effective Time, each the parties, by action taken or authorized by their respective Board of the Parties Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 4 contracts
Samples: Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties mayPurchaser Parties, to on the extent legally allowedone hand, and the Stockholders, on the other hand, may (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (bii) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or (ciii) waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 4 contracts
Samples: Voting Agreement (Educate Inc), Voting Agreement (Hoehn Saric Ruldolf Christopher), Voting Agreement (Kinder Morgan Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (bii) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto or (iii) subject to Section 1.01(c) and (c) the proviso to the first sentence of Section 8.04, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (Hertz Global Holdings Inc)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties any party hereto may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (bii) waive any inaccuracies in the representations and warranties of the other Party made to such party contained herein or in any document delivered pursuant hereto and (ciii) waive compliance with any of the agreements or conditions for the benefit of the other Party such party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition . Delay in exercising any right under this Agreement shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such right.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Newtown Lane Marketing Inc), Agreement and Plan of Reorganization (Northern Star Acquisition Corp.), Agreement and Plan of Reorganization (Pivotal Investment Corp II)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the provisions of Section 8.3, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Incentra Solutions, Inc.), Stock Purchase Agreement (Incentra Solutions, Inc.), Stock Purchase Agreement (Incentra Solutions, Inc.)
Extension; Waiver. At any time prior to the Effective ----------------- Time, each of the Parties may, to the extent legally allowed, a party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and by any other party or (c) subject to Section 7.03, waive compliance by any other party with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party any party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Shopko Stores Inc), Agreement and Plan of Merger (Provantage Health Services Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties any Party may, to the extent legally allowedpermitted under applicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. For the purpose of this Section 8.5, Parent and Merger Sub collectively shall be deemed to be one Party.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.), Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.), Agreement and Plan of Merger (China Advanced Construction Materials Group, Inc)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties Parties, by action taken or authorized by East or the Rand Board, as applicable, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties contained in this Agreement of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained in this Agreement in favor of the other Party contained hereinsuch Party. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Rand Capital Corp), Stock Purchase Agreement
Extension; Waiver. At any time prior to the Effective Time, each of Parent, on the Parties mayone hand, to and the extent legally allowedCompany, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement, or (c) unless prohibited by applicable Laws, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Myers Industries Inc), Agreement and Plan of Merger (Quipp Inc), Agreement and Plan of Merger (Educate Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties a party may, subject to the extent legally allowedApplicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) waive compliance by the other party hereto with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such party. Any extension or waiver given in compliance with this Section 7.5 or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Identix Inc), Agreement and Plan (Viisage Technology Inc), Agreement and Plan of Reorganization (Lau Acquisition Corp)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of the party entitled to grant such Partywaiver, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Southern Community Financial Corp)
Extension; Waiver. At any time prior to the Effective Time, each the Parties, by action taken or authorized by their respective boards of the Parties directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance by the other Party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hope Bancorp Inc), Agreement and Plan of Merger (BBCN Bancorp Inc), Agreement and Plan of Merger (BBCN Bancorp Inc)
Extension; Waiver. At any time prior to the Effective Time, each of ----------------- the Parties may, parties to the extent legally allowed, this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to Section 9.2, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Legato Systems Inc), Agreement and Plan of Merger (Otg Software Inc), Agreement and Plan of Merger (Legato Systems Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) to the extent permitted by applicable Law, waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) to the extent permitted by applicable Law, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, of such rights nor shall any single or estoppel with respect to, partial exercise by any subsequent party to this Agreement of any of its rights under this Agreement preclude any other or further exercise of such rights or any other failurerights under this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Trane Inc.), Agreement and Plan of Merger (Ingersoll Rand Co LTD)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party and approved by the Original Directors if required by Section 1.03. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sterling Commerce Inc), Agreement and Plan of Merger (Tier Technologies Inc), Agreement and Plan of Merger (Official Payments Corp)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.04, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Liberty Technologies Inc), Agreement and Plan of Merger (Crane Co /De/), Agreement and Plan of Merger (Liberty Technologies Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to Section 7.3, waive compliance by the other party with any of the agreements or conditions of the other Party party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Chartwell Re Holdings Corp), Iv 6 Agreement and Plan of Merger (Trenwick Group Inc), Agreement and Plan of Merger (Chartwell Re Corp)
Extension; Waiver. At any time prior to the Effective Time, each the Parties, by action taken or authorized by their respective Boards of the Parties Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance by the other Party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pacific Capital Bancorp /Ca/), Agreement and Plan of Merger (Unionbancal Corp), Agreement and Plan of Merger
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto hereto, and (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Princeton Review Inc), Share Purchase Agreement (Security First Technologies Corp), Share Purchase Agreement (Security First Technologies Corp)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) subject to the proviso to the first sentence of Section 8.4, waive compliance with any of the agreements of any other party or conditions of the other Party to its obligations contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pilgrims Pride Corp), Agreement and Plan of Merger (Gold Kist Inc.), Agreement and Plan of Merger (Gold Kist Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowedpermitted by applicable Law, subject to Section 9.11, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Icos Corp), Agreement and Plan of Merger (Applied Molecular Evolution Inc), Agreement and Plan of Merger (Lilly Eli & Co)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties Parties, by action taken or authorized by Carlyle and the VCIF Board, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Transaction Agreement (Carlyle Group Inc.), Investment Advisory Agreement (Vertical Capital Income Fund)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty or parties, (b) waive any inaccuracies in the representations and warranties of the other Party party or parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.4, waive compliance with any of the agreements or conditions of the other Party party or parties contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (General Growth Properties Inc), Agreement and Plan of Merger (Price Development Co Lp)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties a party may, subject to the extent legally allowedproviso of Section 7.3, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions of the other Party contained hereincon- tained in this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such party. Any extension or waiver given in compliance with this Section 7.4 or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Jp Foodservice Inc), Agreement and Plan of Merger (Jp Foodservice Inc)
Extension; Waiver. At any time prior to the Effective TimeOffer Closing Date, each of Offeror, on the Parties one hand, or the Company, on the other hand, may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (bii) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement, or (ciii) waive the other party compliance with any of the covenants, agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 2 contracts
Samples: Investment and Tender Offer Agreement (Global Aviation Leasing Co., Ltd.), Investment and Tender Offer Agreement (Avolon Holdings LTD)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.03 and to the extent permitted by applicable Law, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, of such rights nor shall any single or estoppel with respect to, partial exercise thereof preclude any subsequent other or further exercise of any other failureright hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sport Supply Group, Inc.), Agreement and Plan of Merger (Sage Parent Company, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) to the extent permitted by Law, waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and hereto, or (c) to the extent permitted by Law, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Talbots Inc), Agreement and Plan of Merger (California Pizza Kitchen, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.2, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Firepond Inc), Agreement and Plan of Merger (Firepond Inc)
Extension; Waiver. At Subject to Section 1.3, at any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) to the extent permitted by Law, waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) subject to the provisos of Section 8.4 of this Agreement, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Osi Pharmaceuticals Inc), Agreement and Plan of Merger (Astellas Pharma Inc.)
Extension; Waiver. At Subject to Section 8.1, at any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document document, instrument, certificate or other writing delivered pursuant hereto and to this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Brookdale Living Communities Inc), Agreement and Plan of Merger (Fortress Brookdale Acquisition LLC)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) subject to the proviso to the first sentence of Section 8.04, waive compliance with any of the agreements of any other party or conditions of the other Party to its obligations contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Engelhard Corp), Agreement and Plan of Merger (Iron Acquisition Corp)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties mayMerger, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 7.03, waive compliance with any of the agreements cove- nants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Newmont Mining Corp), Agreement and Plan of Merger (Santa Fe Pacific Gold Corp)
Extension; Waiver. At any time prior to the Effective ------------------ Time, each of the Parties may, parties may (subject to the extent legally allowed, Section 6.10(b)) (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Partyparty (which, but such extension in the case of the Company, shall require the approval contemplated by Section 6.10(b)). The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schering Berlin Inc), Agreement and Plan of Merger (Diatide Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein or in any document delivered pursuant hereto hereto, and (c) waive compliance by the other parties with any of the agreements or conditions of the other 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 a written instrument signed on behalf of the party against which such Party, but such extension or waiver or extension is to be enforced. The failure of a party to insist on strict compliance with an obligation, covenant, agreement assert any of its rights under this Agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sunset Financial Resources Inc), Agreement and Plan of Merger (Sunset Financial Resources Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and or warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 10.6, waive compliance with any of the agreements or conditions of the other Party party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kimco Realty Corp), Agreement and Plan of Merger (Price Reit Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (bii) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto or (iii) subject to Section 1.1(b) and (c) the proviso to the first sentence of Section 8.4, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cascade Corp), Agreement and Plan of Merger (Cascade Corp)
Extension; Waiver. At any time prior to the Effective Time, Parent and Merger Sub, on the one hand, and each of Shareholder, on the Parties mayother hand, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement, or (c) waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in a written an instrument in writing signed on behalf by such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise or the course of dealings of any party to this Agreement contrary to the assertion of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall rights will not operate as constitute a waiver of, of such rights or estoppel with respect to, any subsequent or other failureotherwise impair the enforceability of such rights.
Appears in 2 contracts
Samples: Management Support Agreement (Essilor International /Fi), Support Agreement (Essilor International /Fi)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties any party hereto may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (bii) waive any inaccuracies in the representations and warranties of the other Party made to such party contained herein or in any document delivered pursuant hereto and (ciii) waive compliance with any of the agreements or conditions for the benefit of the other Party 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 a written an instrument in writing signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition party and shall not operate as constitute a waiver of, or estoppel with respect to, of any subsequent or other failurematter not specifically disclosed in such writing. 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 Reorganization (Netscreen Technologies Inc), Agreement and Plan of Reorganization (Juniper Networks Inc)
Extension; Waiver. At any time prior to before the First Effective Time, each of Parent Entities, on the Parties mayone hand, to and the extent legally allowedCompany, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or (c) subject to applicable Law, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise shall not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ikonics Corp), Agreement and Plan of Merger (Ikonics Corp)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties Merger, the parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or the other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) subject to the proviso of Section 7.4, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, of such rights. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or estoppel with respect to, any subsequent or other failureremedies provided by law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Daniel Industries Inc), Agreement and Plan (Emersub Lxxiv Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto, by action taken or authorized by its Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty hereto, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. 9.5
Appears in 2 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Financial Bancorp Inc), Agreement and Plan of Merger (Broad National Bancorporation)
Extension; Waiver. At any time prior to the Partnership Merger Effective Time, each of the Parties may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the requirements of applicable Law, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (RPT Realty), Agreement and Plan of Merger (Kimco Realty Corp)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and to this Agreement, (c) waive compliance with any covenants and agreements contained herein or (d) waive the satisfaction of any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vectren Utility Holdings Inc), Agreement and Plan of Merger
Extension; Waiver. At any time prior to the Second Merger Effective Time, each of the Parties may, to the extent legally allowed, may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the any other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the requirements of applicable Law, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such PartyParty (provided, but such extension that any waiver must be signed by the Part(y)(ies) to whose benefit the relevant provision inures). The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Regency Centers Lp), Agreement and Plan of Merger (Urstadt Biddle Properties Inc)
Extension; Waiver. At Subject to Section 2.3(c), at any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto hereto, and (c) waive compliance with any of the agreements or conditions of 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 a written instrument signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Superior Well Services, INC), Agreement and Plan of Merger (Nabors Industries LTD)
Extension; Waiver. At Subject to the requirements of ------------------ Section 6.11(b), at any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Weyerhaeuser Co), Agreement and Plan of Merger (Tj International Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, subject to Section 8.3, (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (bii) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (ciii) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Syntellect Inc), Agreement and Plan of Merger (Tefron LTD)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) subject to the proviso of Section 4.03, waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corrections Corp of America/Md), Agreement and Plan of Merger (Corrections Corp of America/Md)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, parties may to the extent legally allowed, allowed (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the provision of Section 8.03, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written any instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hovnanian Enterprises Inc), Agreement and Plan of Merger (Hovnanian Enterprises Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, parties may to the extent legally allowed, allowed (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 8.03, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, of such rights. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or estoppel with respect to, any subsequent or other failureremedies provided by Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Specialty Laboratories Inc), Agreement and Plan of Merger (Ameripath Inc)
Extension; Waiver. At any time prior to the Effective Time, each the parties, by action taken or authorized by their respective Boards of the Parties Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Valero Energy Corp/Tx), Agreement and Plan of Merger (Premcor Inc)
Extension; Waiver. At any time prior to before the Effective Time, each of the Parties mayParent Entities, to on the extent legally allowedone hand, and the Company, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or (c) subject to applicable Law, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by such Party granting the waiver or extension. The failure of any Party to assert any of its rights under this Agreement or otherwise shall not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vivakor, Inc.), Agreement and Plan of Merger (SilverSun Technologies, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each the parties, by action taken or authorized by their respective Boards of the Parties Directors, may, to the extent legally allowed, (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (bii) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (ciii) waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf by that party. The failure of such Party, but such extension a party to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vista Exploration Corp), Agreement and Plan of Merger (Solar Satellite Communication Inc)
Extension; Waiver. At any time prior to the Effective Time, each Sprint (on behalf of the Parties itself and Merger Sub) and Nextel, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto this Agreement, and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sprint Corp), Agreement and Plan of Merger (Nextel Communications Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowedpermitted by applicable Law, the Parties may (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) except as otherwise provided herein, waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failure.of such rights. Article X
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nimble Storage Inc), Agreement and Plan of Merger (Hewlett Packard Enterprise Co)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of each of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party parties 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Subscription Agreement (Timberjack Sporting Supplies, Inc.), Subscription Agreement (Timberjack Sporting Supplies, Inc.)
Extension; Waiver. At any time prior to before the Effective Time, each of PubCo Entities, on the Parties mayone hand, to and the extent legally allowedCompany, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or (c) subject to applicable Law, waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by such Party. The failure of any Party to assert any of its rights under this Agreement or otherwise shall not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bruush Oral Care Inc.), Agreement and Plan of Merger (Bruush Oral Care Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties any Party may, to the extent legally allowedpermitted under applicable Law, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. For the purpose of this Section 8.5, Parent and Merger Sub collectively shall be deemed to be one Party. 44
Appears in 2 contracts
Samples: And Restated Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.), Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.)
Extension; Waiver. At any time prior to the Effective TimeExpiration Date, each of ----------------- the Parties may, parties to the extent legally allowed, this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties to this Agreement, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Voting Agreement (Mediaplex Inc), Voting Agreement (Mediaplex Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties a Party may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Other Party, (b) waive any inaccuracies in the representations and warranties of the other Other Party contained herein or in any document delivered pursuant hereto hereto, and (c) waive compliance by the Other Party with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of the Party against which such Party, but such extension or waiver or extension is to be enforced. The failure of a Party to insist on strict compliance with an obligation, covenant, agreement assert any of its rights under this Agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Monmouth Capital Corp)
Extension; Waiver. At any time prior to the Effective Time, each the Parties, by action taken or authorized by their respective Boards of the Parties Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of 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 a written instrument signed on behalf of such Party, but such extension . The failure of any Party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cbot Holdings Inc), Agreement and Plan of Merger (Chicago Mercantile Exchange Holdings Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, a party may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 9.3, waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall otherwise will not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Andrew Corp), Agreement and Plan of Merger (Allen Telecom Inc)
Extension; Waiver. At any time prior to the Effective TimeTime 1A, each party, by action taken or authorized by its Board of the Parties Governors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurenon-compliance.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FS Investment Corp III), Agreement and Plan of Merger (Corporate Capital Trust II)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparty hereto, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party for its benefit 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (DNB Financial Corp /Pa/), Agreement and Plan of Merger (S&t Bancorp Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties parties hereto may, to the extent legally allowedpermitted by applicable Law, subject to Section 9.12, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (LOC Acquisition CO), Agreement and Plan of Merger (Metro-Goldwyn-Mayer Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties mayPurchaser Parties, to on the extent legally allowedone hand, and the Shareholders, on the other hand, may (ai) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (bii) waive any inaccuracies in the representations and warranties of the other Party party contained herein in this Agreement or in any document delivered pursuant hereto and under this Agreement or (ciii) waive compliance with any of the agreements covenants or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed by such party. The failure of any party to assert any of its rights under this Agreement or otherwise will not constitute a written instrument signed on behalf waiver of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurerights.
Appears in 2 contracts
Samples: Support Agreement (Quipp Inc), Agreement and Plan of Merger (Quipp Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties a party may, subject to the extent legally allowedproviso of Section 7.3, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) waive compliance by the other party with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such party. Any extension or waiver given in compliance with this Section 7.4 or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rykoff Sexton Inc), Agreement and Plan of Merger (Merrill Lynch & Co Inc)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowedpermitted by applicable Law and subject to Section 9.6, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and hereto, or (c) waive compliance with any of the agreements or conditions of the other Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension . The failure of any Party to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Official Payments Holdings, Inc.), Agreement and Plan of Merger (Aci Worldwide, Inc.)
Extension; Waiver. At any time prior to the Effective Time, each of the Parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParty hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of 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 a written instrument signed on behalf of such Party, but such extension or waiver or failure to exercise any right or to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurematter.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Federal Bancshares of Arkansas Inc)
Extension; Waiver. At any time prior to the Effective Time, each Time of the Parties may----------------- Merger, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso of Section 6.4, waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such rights.
Appears in 1 contract
Samples: Plan and Agreement of Merger (KLLM Transport Services Inc)
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties parties hereto may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto hereto, and (c) waive compliance with any of the agreements or satisfaction of any conditions of the other 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Extension; Waiver. At any time prior to the Effective Time, each of the Parties may, to the extent legally allowed, parties may (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties, (b) waive any inaccuracies in the representations and warranties of the other Party parties contained herein in this Agreement or in any document delivered pursuant hereto and to this Agreement or (c) subject to the proviso to Section 9.2, waive compliance by the other parties with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in a written an instrument in writing signed on behalf of such Party, but such extension party. The failure of any party to this Agreement to assert any of its rights under this Agreement or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition otherwise shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof those rights.
Appears in 1 contract
Extension; Waiver. At any time prior to the Effective TimeClosing Date, each of the Parties ----------------- parties hereto may, subject to the extent legally allowedSection 14.1, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed by or on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Extension; Waiver. At any time prior to the Effective TimeClosing Date, each of the Parties mayparties hereto may mutually, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Partyparties hereto, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document delivered pursuant hereto and or (c) waive compliance with any of the agreements or conditions of the other 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 a written instrument signed on behalf of such Partyparty, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Extension; Waiver. At any time prior to the Effective Time, each of the Parties party to this Agreement may, to the extent legally allowed, : (a) extend the time for the performance of any of the obligations or other acts of the other Party, parties hereto; (b) waive any inaccuracies in the representations and warranties of the other Party made to such party contained herein or in any document delivered pursuant hereto hereto; and (c) waive compliance with any of the agreements or conditions for the benefit of the other Party 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 a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition party. Delay in exercising any right under this Agreement shall not operate as constitute a waiver of, or estoppel with respect to, any subsequent or other failureof such right.
Appears in 1 contract
Extension; Waiver. At any time prior to the Effective TimeClosing, each of the Parties Parties, by action taken or authorized by the BCP Board and the KCAP Board, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other PartyParties, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein in this Agreement or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions of the other Party contained hereinin this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such Party, but such extension or waiver or failure to insist on strict compliance with an obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Samples: Stock Purchase and Transaction Agreement (KCAP Financial, Inc.)
