Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 78 contracts
Sources: Subscription Escrow Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Escrow Agreement (Starwood Real Estate Income Trust, Inc.)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 35 contracts
Sources: Escrow Agreement (Apollo Infrastructure Co LLC), Escrow Agreement (IPC Alternative Real Estate Income Trust, Inc.), Escrow Agreement (EQT Exeter Real Estate Income Trust, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 33 contracts
Sources: Settlement and Release Agreement (Synergy CHC Corp.), Settlement and Release Agreement (Synergy CHC Corp.), Settlement and Release Agreement (Synergy CHC Corp.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 31 contracts
Sources: Escrow Agreement (Rodin Income Trust, Inc.), Escrow Agreement (Rodin Income Trust, Inc.), Escrow Agreement (Rodin Income Trust, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 28 contracts
Sources: Asset Purchase Agreement (P&f Industries Inc), Stock Purchase Agreement (Genesee & Wyoming Inc), Merger Agreement (Broadview Networks Holdings Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 19 contracts
Sources: Stock Purchase Agreement (Synergy CHC Corp.), Share Purchase Agreement (Synergy CHC Corp.), Contribution Agreement (Synergy CHC Corp.)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager agree agrees that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 11 contracts
Sources: Subscription Escrow Agreement (Finest Acquisition, Inc.), Subscription Escrow Agreement (Precise Acquisition, Inc.), Subscription Escrow Agreement (Photozou Holdings, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager Managers agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 11 contracts
Sources: Subscription Escrow Agreement (Trilogy Multifamily Income & Growth Holdings I, LLC), Subscription Escrow Agreement (Trilogy Multifamily Income & Growth Holdings I, LLC), Subscription Escrow Agreement (GK Investment Property Holdings II LLC)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 10 contracts
Sources: Escrow Agreement (S&W Seed Co), Securities Purchase Agreement (San Holdings Inc), Escrow Agreement (Advanced BioEnergy, LLC)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 9 contracts
Sources: Asset Purchase Agreement (Mullen Automotive Inc.), Asset Purchase Agreement (Wave Systems Corp), Asset Purchase Agreement (Ediets Com Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 9 contracts
Sources: Settlement Agreement, Asset Purchase Agreement, Settlement Agreement (Center for Wound Healing, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree agrees that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 8 contracts
Sources: Subscription Escrow Agreement (Alti Private Equity Access & Commitments Fund), Escrow Agreement, Subscription Escrow Agreement (Gladstone Companies, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 8 contracts
Sources: Escrow Agreement (REITPlus, Inc.), Escrow Agreement (REITPlus, Inc.), Escrow Agreement (REITPlus, Inc.)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager Placement Agent agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 8 contracts
Sources: Escrow Agreement (NI Holdings, Inc.), Subscription Escrow Agreement (Hebron Technology Co., LTD), Subscription Escrow Agreement (Endurance Exploration Group, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any a condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 7 contracts
Sources: Cooperative Marketing Agreement (Phoenix International LTD Inc), Cooperative Marketing Agreement (Phoenix International LTD Inc), Cooperative Marketing Agreement (Phoenix International LTD Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Caseys General Stores Inc), Asset Purchase Agreement (Caseys General Stores Inc), Asset Purchase Agreement (Caseys General Stores Inc)
Amendments; Waivers. This Agreement may not be amended or modified, modified unless such amendment or modification is in writing and any signed by all of the parties to this Agreement. The terms, covenants, representations, warranties, or conditions hereof of this Agreement may only be waived, only by a written instrument executed by the parties hereto, or waived in the case of a waiver, by the party waiving compliancewriting. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 4 contracts
Sources: Exchange Agreement (Standard Gold), Merger Agreement (Uron Inc), Exchange Agreement (Uron Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 4 contracts
Sources: Subscription Escrow Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Subscription Escrow Agreement (Lightstone Real Estate Income Trust Inc.), Subscription Escrow Agreement (Lightstone Real Estate Income Trust Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Clarus Corp), Asset Purchase Agreement (Sturm Ruger & Co Inc), Asset Purchase Agreement
Amendments; Waivers. This Agreement may be amended or -------------------- modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Commercial Metals Co), Stock Purchase Agreement (Mueller Industries Inc), Merger Agreement (Jupitermedia Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and the Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Colony Financial, Inc.), Asset Purchase Agreement (Colony Financial, Inc.), Share Purchase Agreement (Colony Financial, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Escrow Agreement (Cygnet Financial Corp), Escrow Agreement (Cygnet Financial Corp), Escrow Agreement (Bright Technologies Com Inc)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be be, nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Escrow Agreement. The Company and the Dealer Manager Selling Agent agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Escrow Agreement (MVP REIT II, Inc.), Escrow Agreement (MVP REIT II, Inc.), Escrow Agreement (MVP REIT II, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, -------------------- and any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 3 contracts
Sources: Stock Purchase Agreement (American Leisure Holdings, Inc.), Purchase Agreement (American Leisure Holdings, Inc.), Purchase Agreement (American Leisure Holdings, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, term or warranty covenant contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, term or warranty covenant of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Registration Rights Agreement (Boston Private Bancorp Inc), Registration Rights Agreement (Boston Private Financial Holdings Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Termination Agreement (Floridian Financial Group Inc), Retirement Agreement (Bankunited Financial Corp)
Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Escrow Agreement (Lasik America Inc), Escrow Agreement (Lasik America Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Subscription Escrow Agreement (United Realty Trust Inc), Subscription Escrow Agreement (United Realty Trust Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Stock Redemption Agreement (Haynes International Inc), Asset Purchase Agreement (Top Source Technologies Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and each of the Sellers, or in the case of a waiver, by the party Buyer and each of the Sellers, as applicable, waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Asset Purchase Agreement (P10, Inc.), Asset Purchase Agreement (P10, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument duly executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Automotive Finance Corp), Stock Purchase Agreement (Automotive Finance Corp)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager Underwriter agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Subscription Escrow Agreement (Dogness (International) Corp), Subscription Escrow Agreement (General Agriculture Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoISG, Buyer and Parent, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Bethlehem Steel Corp /De/)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and each Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Colony Financial, Inc.)
Amendments; Waivers. This Agreement may only be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may only be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, executed by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Telident Inc /Mn/), Stock Purchase Agreement (Famco Ii Liability Co & Family Financial Strategies Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoPurchaser and Sellers, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Asset Purchase Agreement (School Specialty Inc), Asset Purchase Agreement (School Specialty Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Seller, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Sito Mobile, Ltd.), Asset Purchase Agreement (Hipcricket, Inc.)
Amendments; Waivers. This Agreement may be amended or modifiedmodified only by a written instrument executed by the Buyer and Sellers, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, waived only by a written instrument executed by the parties hereto, or in Party entitled to the case of a waiver, by the party waiving compliancebenefit thereof. Any waiver by any party such Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This The Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by each of the parties heretoCompany, or in the case of a waiver, by the party waiving complianceEscrow Agent and each Investor. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this the Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this the Escrow Agreement. The Company and the Dealer Manager agree agrees that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the OfferingPurchase Agreement.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and ------------------- any of the termsterm, covenantscovenant, representationsrepresentation, warranties, warranty or conditions condition hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, condition or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Intellectual Property Agreement (Paragon Trade Brands Inc)
Amendments; Waivers. This Escrow Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement. The Company and the Dealer Manager Placement Agents agree that any requested waiver, modification or amendment of this Escrow Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Seller, or in the case of a waiver, by the party or parties waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, Company and Optionholder or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParty, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and ------------------- any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Stock Purchase Agreement (American Leisure Holdings, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Sellers, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party Party of any a condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Cooperative Marketing Agreement (Phoenix International LTD Inc)
Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company All rights shall be cumulative and non-exclusive and shall survive the Dealer Manager agree that any requested waiver, modification or amendment termination of this Agreement shall be consistent with for the terms period of the Offeringapplicable statute of limitations.
Appears in 1 contract
Sources: Asset Purchase and Software License Agreement (Wasatch Education Systems Corp /Ut/)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParties, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall is not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Asset Purchase Agreement (Magellan Midstream Partners Lp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoISG, Buyer and Parent, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.57
Appears in 1 contract
Sources: Asset Purchase Agreement (International Steel Group Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by all of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or of more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of to the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Escrow Agreement (Paladin Realty Income Properties Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by Parent, Merger Sub, the parties heretoCompany and the Equityholders’ Representative, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovision, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be be, nor construed as as, a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Stock Purchase Agreement (Broadview Networks Holdings Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may not be amended or modified, modified unless such amendment or modification is in writing and any signed by all of the Parties to this Agreement. The terms, covenants, representations, warranties, or conditions hereof of this Agreement may only be waived, only by a written instrument executed by the parties hereto, or waived in the case of a waiver, by the party waiving compliancewriting. Any waiver by any party of any condition, or of the breach Breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof of this Agreement may be waived, only by a written instrument executed by the parties heretoto this Agreement, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Asset Purchase Agreement (Uniroyal Technology Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any conditionconditions, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and -------------------- any of the terms, covenants, representations, warranties, warranties or conditions hereof in this Agreement may be waived, only by a written instrument executed by all of the parties heretoparties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.[Signature Page Follows]
Appears in 1 contract
Sources: Option Exercise Agreement (American Leisure Holdings, Inc.)
Amendments; Waivers. This Agreement may be amended amended, modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Stock and Asset Purchase Agreement (Group Technologies Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree Issuer agrees that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Subscription Escrow Agreement (Prospect Capital Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoParties, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Asset Purchase Agreement
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this the Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this the Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretohereto or, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Escrow Agreement (TNP Strategic Retail Trust, Inc.)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.[SIGNATURES ON NEXT PAGE]
Appears in 1 contract
Sources: Sale and Purchase Agreement
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company Issuer and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Subscription Escrow Agreement (Prospect Capital Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the provisions, terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such other condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of contained in this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Subscription Escrow Agreement (United Realty Trust Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Asset Purchase Agreement (Tels Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions provisions hereof may be waived, only by a written instrument executed by each of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty provision of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver waiver, of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties Parties hereto, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Share Purchase Agreement (Global Technovations Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and Notwithstanding the Dealer Manager agree that any requested waiverforegoing, modification or no amendment of this Agreement any provision and no waiver by the Company of any provision shall be consistent with effective without the terms consent of the OfferingOCC.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modifiedmodified only by a written instrument executed by Buyer and Seller, and any of the terms, covenants, representations, warranties, or conditions hereof may be waived, waived only by a written instrument executed by the parties hereto, or in Party entitled to the case of a waiver, by the party waiving compliancebenefit thereof. Any waiver by any party such Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any either party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Inventory Purchase Agreement (Mueller Industries Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoPurchaser and Seller, or in the case of a waiver, by the party Party waiving compliance. Any waiver by any party Party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties heretoBuyer and Sellers’ Representative, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor or construed as further a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Asset Purchase Agreement
Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovisions, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the any party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Trust and Disbursing Agreement (Washington Group International Inc)
Amendments; Waivers. This Agreement may be amended or modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by all of the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Sources: Purchase Agreement (West Corp)
Amendments; Waivers. This Agreement may be amended or modified, and any of the termsprovisions, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended amended, modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the both parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended or ------------------- modified, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract
Amendments; Waivers. This Agreement may be amended amended, ------------------- modified, superseded or modifiedcanceled, and any of the terms, covenants, representations, warranties, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as further or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. The Company and the Dealer Manager agree that any requested waiver, modification or amendment of this Agreement shall be consistent with the terms of the Offering.
Appears in 1 contract