Common use of Waiver; Consent Clause in Contracts

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or breach.

Appears in 56 contracts

Samples: Warrant Exchange Agreement (Antelope Enterprise Holdings LTD), Warrant Exchange Agreement (Antelope Enterprise Holdings LTD), Warrant Exchange Agreement (Antelope Enterprise Holdings LTD)

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Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance non-compliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance non-compliance or breach.

Appears in 21 contracts

Samples: Exchange Agreement (Chegg, Inc), Purchase Agreement (Sarepta Therapeutics, Inc.), Exchange Agreement (Chegg, Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded rescinded, or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 19 contracts

Samples: Stock Purchase Agreement (Tekgraf Inc), Asset Purchase Agreement (Cylink Corp /Ca/), Acquisition Agreement (Cisco Systems Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 12 contracts

Samples: Asset Purchase Agreement (BioCube, INC.), Stock Purchase and Sale Agreement (Decrane Aircraft Holdings Inc), Asset Purchase Agreement (Helpmate Robotics Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by each of the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any term, condition or other provision of this AgreementAgreement or breach by any other party of any of its obligations, representations or any breach thereof warranties hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation or warranty by such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by such other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 10 contracts

Samples: Contribution Agreement (Atrinsic, Inc.), Rapid Data License Agreement (GlobalOptions Group, Inc.), License Agreement (GlobalOptions Group, Inc.)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by each of the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance non-compliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance non-compliance or breach.

Appears in 10 contracts

Samples: Exchange Agreement (Geo Group Inc), Exchange Agreement (Geo Group Inc), Exchange Agreement (Dick's Sporting Goods, Inc.)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties Parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance non-compliance or breach be deemed to be a waiver of a partyParty’s rights and remedies with respect to such noncompliance non-compliance or breach.

Appears in 7 contracts

Samples: Exchange and Purchase Agreement (Liveperson Inc), Exchange Agreement (Edgio, Inc.), Exchange Agreement (Talos Energy Inc.)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by each of the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any term, condition or other provision of this AgreementAgreement or breach by the other party of any of its obligations, representations or any breach thereof warranties hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation or warranty by such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by such other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 5 contracts

Samples: Stock Purchase Agreement (World Access Inc), Stock Purchase Agreement (World Access Inc), Stock Purchase Agreement (GST Telecommunications Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s 's rights and remedies with respect to such noncompliance or breach.

Appears in 5 contracts

Samples: Repurchase Agreement (Amyris, Inc.), Note Modification Agreement (Silverleaf Resorts Inc), Exchange Agreement (Richardson Electronics LTD/De)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 4 contracts

Samples: Asset and Share Purchase Agreement (Sequa Corp /De/), Transition Services Agreement (Spectrum Organic Products Inc), Transition Services Agreement (Spectrum Organic Products Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, amended except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 4 contracts

Samples: Asset Purchase Agreement (P Com Inc), Asset Purchase Agreement (Speedcom Wireless Corp), Asset Purchase Agreement (Speedcom Wireless Corp)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party hereto claimed to have given such waiver or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or breach.

Appears in 3 contracts

Samples: Exchange Agreement (Taylor Capital Group Inc), Exchange Agreement (Taylor Capital Group Inc), Relinquishment of Rights Agreement (Taylor Capital Group Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by each of the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party hereto claimed to have given such waiver or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or breach.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Power Solutions International, Inc.), Purchase and Sale Agreement (Power Solutions International, Inc.), Termination Agreement (Power Solutions International, Inc.)

Waiver; Consent. This Agreement may not be changed, modified, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Medlink International, Inc.), Asset Purchase Agreement (Zix Corp)

Waiver; Consent. This Agreement may not be changed, ------------ --------------- amended, terminated, augmented, rescinded rescinded, or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Asset Purchase Agreement (P Com Inc), Asset Purchase Agreement (P-Com Inc)

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Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by all of the parties Parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent that a Party hereto may have otherwise agreed in writing, no waiver by that Party of any term, condition or other provision of this Agreement, Agreement or breach by the other Party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other Party, nor shall any forbearance by the first Party to seek a remedy for any noncompliance or breach by the other Party be deemed to be a waiver by the first Party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Nextera Enterprises Inc), Asset Purchase Agreement (Fti Consulting Inc)

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded rescinded, or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Huntington Asset Purchase Agreement (Hall Kinion & Associates Inc), Asset Purchase Agreement (Hall Kinion & Associates Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed claiming to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provision, any other obligation or representation by the other party or parties nor shall any forbearance by the first party or parties to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party or parties of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 2 contracts

Samples: Administrative Services Agreement (Ohio Legacy Corp), Confidential Treatment (Ohio Legacy Corp)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties heretoCompany and a majority in interest of the Holders. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Exchange Agreement (Iconic Brands, Inc.)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof thereof, shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Exchange Agreement (Dynegy Holdings Inc)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented consent thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or any breach thereof hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Gatefield Corp)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or any breach thereof hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zycad Corp)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties heretoParties. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a partyParty’s rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Exchange Agreement (Fleming Ned N. IV)

Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties heretoParties. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto Party shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any noncompliance or breach be deemed to be a waiver of a partyParty’s rights and remedies with respect to such noncompliance or breach.

Appears in 1 contract

Samples: Note Purchase Agreement (Keywin Holdings LTD)

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