Common use of Modifications, Amendments and Waivers Clause in Contracts

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Eps Solutions Corp), Asset Purchase Agreement (Eps Solutions Corp), Securities Purchase Agreement (Eps Solutions Corp)

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Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Sibannac, Inc.), Asset Purchase Agreement (Sibannac, Inc.), Asset Purchase Agreement (Mix 1 Life, Inc.)

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, may (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of or remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mirant Corp), Stock Purchase Agreement (Mirant Corp)

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 2 contracts

Samples: Contribution Agreement (Brite Voice Systems Inc), Stock Purchase Agreement (Eps Solutions Corp)

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of or remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by each party hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eps Solutions Corp)

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.of

Appears in 1 contract

Samples: Stock Purchase Agreement (Eps Solutions Corp)

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Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party maythe Stockholder, on the one hand, and Mirant, Buyer and Note Buyer, on the other hand, may (a) waive any inaccuracies in the representations and warranties of any the other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any the other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of or remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mirant Corp)

Modifications, Amendments and Waivers. 49 57 At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction Document; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eps Solutions Corp)

Modifications, Amendments and Waivers. At any time prior to the Closing Date or termination of this Agreement, any party may, (a) waive any inaccuracies in the representations and warranties of any other party contained in this Agreement or in any other Transaction DocumentAgreement; and (b) waive compliance by any other party with any of the covenants or agreements contained in this Agreement. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any of the rights of remedies, at law or equity, of the party entitled to the benefit of such provisions unless made in writing and executed by the party entitled to the benefit of such provision.

Appears in 1 contract

Samples: Participating Consultant Agreement (Eps Solutions Corp)

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