Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Verticalnet Inc), Merger Agreement (Sm&a Corp), Contribution Agreement (Manhattan Associates Inc)
Exercise of Rights and Remedies. Except as this Agreement otherwise provided ------------------------------- hereinprovides, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default hereunder by any other party under this Agreement shall will impair any such right, power or remedy, nor shall will it be construed construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall will any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 4 contracts
Sources: Merger Agreement (Santos Americas & Europe Corp), Option Agreement (Santos Americas & Europe Corp), Stockholders Agreement (Santos Americas & Europe Corp)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 3 contracts
Sources: Merger Agreement (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no No delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; , nor shall any such delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 3 contracts
Sources: Interim Investors Agreement (Hidary Group Acquisitions, LLC), Interim Investors Agreement (Hidary Group Acquisitions, LLC), Interim Investors Agreement (Aquamarine Capital Management, LLC)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, ------------------------------ no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, ------------------------------- no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 2 contracts
Sources: Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of or in any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or of default occurring before or after that waiver.
Appears in 2 contracts
Sources: Stock Purchase and Investment Agreement (Oakhurst Co Inc), Merger Agreement (Ampace Corp)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Sources: Merger Agreement (Unicapital Corp)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any -77- breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Sources: Merger Agreement (Metals Usa Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- hereinNo delay of, no delay of or omission in in, the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall will impair any such that right, power or remedy, nor shall it will any such delay or omission be construed as a waiver of of, or acquiescence in in, any such breach or default, or of any similar breach or default occurring later; , nor shall will any delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Sources: Registration and Preemptive Rights Agreement (IMS Health Holdings, Inc.)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party Party as a result of any breach or default by any other party Party under this Agreement or the Other Agreements shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no No delay of or omission in the ------------------------------- exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any such delay, omission nor waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Sources: Stockholders Agreement (Aerovox Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single 47 53 breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Sources: Merger Agreement (Marinemax Inc)
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, -88- 96 or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract
Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party Party as a result of any breach or default by any other party Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
Appears in 1 contract