Failure or Indulgence Not Waiver Contract Clauses (452)

Grouped Into 6 Collections of Similar Clauses From Business Contracts

This page contains Failure or Indulgence Not Waiver clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Found in DPW Holdings, Inc. contract
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Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. This Certificate of Designation shall be deemed to be jointly drafted by th...e Company and all Holders and shall not be construed against any Person as the drafter hereof. View More
Found in MGT CAPITAL INVESTMENTS, INC. contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. This Certificate of Designations shall be deemed to be jointly drafted by t...he Company and all Holders and shall not be construed against any Person as the drafter hereof. View More
Found in Greater Cannabis Company, Inc. contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. Notwithstanding the foregoing, nothing contained in this Section 22 shall per...mit any waiver of any provision of Section 3(d). View More
Found in Dolphin Entertainment, Inc. contract
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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 12 18. NOTICES; CURRENCY; PAYMENTS. (a) Notices. Whenever notice is required ...to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Note Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. (b) Currency. All dollar amounts referred to in this Note are in United States Dollars ("U.S. Dollars"), and all amounts owing under this Note shall be paid in U.S. Dollars. All amounts denominated in other currencies (if any) shall be converted into the U.S. Dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. "Exchange Rate" means, in relation to any amount of currency to be converted into U.S. Dollars pursuant to this Note, the U.S. Dollar exchange rate as published in the Wall Street Journal on the relevant date of calculation (it being understood and agreed that where an amount is calculated with reference to, or over, a period of time, the date of calculation shall be the final date of such period of time). (c) Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a certified check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing (which address, in the case of each of the Buyers, shall initially be as set forth on the Schedule of Buyers attached to the Note Purchase Agreement), provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of eighteen percent (18%) per annum from the date such amount was due until the same is paid in full ("Late Charge"). View More
Found in INNOVATE BIOPHARMACEUTICALS, INC. contract
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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 12 18. 14 20. NOTICES; CURRENCY; PAYMENTS. (a) Notices. Whenever notice is re...quired to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Note Securities Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. Without limiting the generality of the foregoing, the Company will give written notice to the Holder (i) immediately upon any adjustment of the Conversion Price, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (ii) at least fifteen (15) days prior to the date on which the Company closes its books or takes a record with respect to (A) any dividend or distribution upon the Common Stock, (B) any grants, issuances, or sales of any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property to holders of shares of Common Stock generally or (C) any determination of rights to vote with respect to any Fundamental Transaction, dissolution or liquidation; provided that in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder. (b) Currency. All dollar principal, interest and other amounts referred to in owing under this Note or any Transaction Document that, in accordance with their terms, are paid in cash, shall be paid in United States Dollars ("U.S. Dollars"), and all amounts owing under this Note shall be paid in U.S. Dollars. Dollars"). All amounts denominated in other currencies (if any) shall be converted into the U.S. Dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. "Exchange Rate" means, in relation to any amount of currency to be converted into U.S. Dollars pursuant to this Note, the U.S. Dollar exchange rate as published in the Wall Street Journal on the relevant date of calculation (it being understood and agreed that where an amount is calculated with reference to, or over, a period of time, the date of calculation shall be the final date of such period of time). (c) Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a certified check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing (which address, in the case of each of the Buyers, shall initially be as set forth on the Schedule of Buyers attached to the Note Securities Purchase Agreement), provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of eighteen percent (18%) per annum from the date such amount was due until the same is paid in full ("Late Charge"). View More
Found in CorMedix Inc. contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 12 18. 6 15. NOTICES; CURRENCY; PAYMENTS. (a) Notices. Whenever Any notice is... or other communication required or permitted to be given under this Note, unless otherwise provided herein, such notice hereunder shall be given in accordance writing sent by mail, facsimile with Section 9(f) printed confirmation, nationally recognized overnight carrier or personal delivery and shall be effective upon actual receipt of such notice, to the following addresses until notice is received that any such address or contact information has been changed: To the Company: American Brivision (Holding) Corporation, 44370 Old Warm Springs Blvd. Fremont, CA 94538 With another copy (which shall not constitute Notice) to: Jay Kaplowitz, Esq. Sichenzia Ross Ference LLP 1185 Avenue of the Note Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. Americas, 37th Floor New York, NY 10036 Facsimile: 212-930-9725 To Holder: (b) Currency. All dollar amounts referred to in this Note are in United States Dollars ("U.S. Dollars"), and all amounts owing under this Note shall be paid in U.S. Dollars. All amounts denominated in other currencies (if any) shall be converted into in the U.S. Dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. calculation (each, a "US Dollar Equivalent"). "Exchange Rate" means, in relation to any amount of currency to be converted into U.S. Dollars pursuant to this Note, the U.S. Dollar exchange rate as published in the Wall Street Journal on the relevant date of calculation (it being understood and agreed that where an amount is calculated with reference to, or over, a period of time, the date of calculation shall be the final date of such period of time). (c) Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a certified check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing (which address, in the case of each of the Buyers, Purchasers, shall initially be as set forth on in the Schedule of Buyers attached to the Note Securities Purchase Agreement), provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of eighteen percent (18%) per annum from the date such amount was due until the same is paid in full ("Late Charge"). View More
Found in American BriVision (Holding) Corp contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 12 18. 11 13. NOTICES; CURRENCY; PAYMENTS. (a) 13.1 Notices. Whenever notice ...is required to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) 6.5 of the Note Purchase Amendment Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. (b) 13.2 Currency. All dollar amounts referred to in this Note are in United States Dollars ("U.S. Dollars"), principal, interest and all other amounts owing under this Note that, in accordance with the terms hereof, are paid in cash shall be paid in U.S. Dollars. dollars. All amounts denominated in other currencies (if any) shall be converted into to the U.S. Dollar dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. "Exchange Rate" means, in relation to any amount of currency to be converted into U.S. Dollars dollars pursuant to this Note, the U.S. Dollar dollar exchange rate as published in the The Wall Street Journal on the relevant date of calculation (it being understood and agreed that where an amount is calculated with reference to, or over, a period of time, the date of calculation shall be the final date of such period of time). (c) 13.3 Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a certified check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing (which address, in the case of each of the Buyers, shall initially be as set forth on the Schedule of Buyers attached to the Note Purchase Agreement), provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company in accordance with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to Day, with interest on such amount at the rate of eighteen percent (18%) per annum from the date such amount was due accruing until the same is paid in full ("Late Charge"). paid. View More
Found in Pacific Ethanol, Inc. contract
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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. 23. DISPUTE RESOLUTION. In the case of a dispute as to the determination of the Closing Bid Price, the Closing Sale Price or the Weighted Average Price or the arithmetic calculation of the Conver...sion Rate, the Conversion Price or any Redemption Price, the Company shall submit the disputed determinations or arithmetic calculations via facsimile or electronic mail within one (1) Business Day of receipt, or deemed receipt, of the Conversion Notice or Redemption Notice or other event giving rise to such dispute, as the case may be, to the Holder. If the Holder and the Company are unable to agree upon such determination or calculation within one (1) Business Day of such disputed determination or arithmetic calculation being submitted to the Holder, then the Company shall, within one Business Day submit via facsimile or electronic mail (a) the disputed determination of the Closing Bid Price, the Closing Sale Price or the Weighted Average Price to an independent, reputable investment bank selected by the Holder and approved by the Company, such approval not to be unreasonably withheld or delayed, or (b) the disputed arithmetic calculation of the Conversion Rate, Conversion Price or any Redemption Price to an independent, outside accountant, selected by the Holder and approved by the Company, such approval not to be unreasonably withheld or delayed. The Company, at the Company's expense, shall cause the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than five (5) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent demonstrable error. View More
Found in DIGITAL ALLY INC contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. 23. DISPUTE No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 12 18.DISPUTE RESOLUTION. In the case of a dispute as to the dete...rmination of the Conversion Price (including, without limitation, any disputed adjustment thereto or any dispute as to whether any issuance or sale or deemed issuance or sale was an issuance or sale or deemed issuance or sale of Excluded Securities), the Conversion Price, the Closing Bid Price, the Closing Sale Price or fair market value (as the Weighted Average Price case may be) or the arithmetic calculation of the Conversion Rate, the Conversion Price or any Redemption Price, Note Reduction (as the case may be), the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations (as the case may be) via facsimile or electronic mail (i) within one (1) two (2) Business Day of receipt, or deemed receipt, Days after receipt of the Conversion Notice or Redemption Notice or other event applicable notice giving rise to such dispute, as dispute to the Company or the Holder (as the case may be, be) or (ii) if no notice gave rise to such dispute, at any time after the Holder. Holder learned of the circumstances giving rise to such dispute. If the Holder and the Company are unable to agree upon such determination or calculation within one (1) two (2) Business Day Days of such disputed determination or arithmetic calculation (as the case may be) being submitted to the Holder, Company or the Holder (as the case may be), then the Company shall, within one two (2) Business Day Days, submit via facsimile or electronic mail (a) the disputed determination of the Conversion Price, the Closing Bid Price, the Closing Sale Price or fair market value (as the Weighted Average Price case may be) to an independent, reputable investment bank selected by the Holder Company and approved by the Company, such approval not to be unreasonably withheld or delayed, Holder or (b) the disputed arithmetic calculation of the Conversion Rate, Conversion Price or any Redemption Price Note Reduction (as the case may be) to an independent, outside accountant, accountant selected by the Holder and approved by that is reasonably acceptable to the Company, such approval not to be unreasonably withheld or delayed. Company. The Company, at the Company's expense, Company shall cause at its expense the investment bank or the accountant, as accountant (as the case may be, be) to perform the determinations or calculations (as the case may be) and notify the Company and the Holder of the results no later than five (5) ten (10) Business Days from the time it receives the such disputed determinations or calculations. calculations (as the case may be). Such investment bank's or accountant's determination or calculation, as calculation (as the case may be, be) shall be binding upon all parties absent demonstrable error. View More
Found in Algae Dynamics Corp. contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. 23. DISPUTE RESOLUTION. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 11 19. Dispute Resolution. In the case of a dispute a...s to the determination of the Closing Bid Price, the Closing Sale Price or the Weighted Average Price or the arithmetic calculation of the Conversion Rate, the Price, Discount Conversion Price or any Redemption Price, Conversion Amount, the Company shall submit the disputed determinations or arithmetic calculations via facsimile or electronic mail within one (1) Business Day of receipt, or deemed receipt, of the Conversion Notice or Redemption Notice or other event giving rise to such dispute, as the case may be, to the Holder. If the Holder and the Company are unable to agree upon such determination or calculation within one (1) Business Day of such disputed determination or arithmetic calculation being submitted to the Holder, then the Company shall, within one Business Day submit via facsimile or electronic mail (a) the disputed determination of the Closing Bid Price, the Closing Sale Price or the Weighted Average Price to an independent, reputable investment bank selected by the Holder and approved by the Company, such approval not to be unreasonably withheld or delayed, or (b) the disputed arithmetic calculation of the Conversion Rate, Conversion Price or any Redemption Price Conversion Amount to an the Company's independent, outside accountant, selected by the Holder and approved by the Company, such approval not to be unreasonably withheld or delayed. accountant. The Company, at the Company's expense, Company shall cause the investment bank or the accountant, as the case may be, accountant to perform the determinations or calculations and notify the Company and the Holder of the results no later than five (5) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, calculation shall be binding upon all parties absent demonstrable error. The party whose calculation is furthest from the accountant's determination or calculation, shall be obligated to pay the fees and expenses of such accountant. View More
Found in Redwood Scientific Technologies, Inc. contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. 23. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 16 22. DISPUTE RESOLUTION. In the case of a dispute as to the determinati...on of the Conversion Price (including, without limitation, any disputed adjustment thereto), the Conversion Price, any Redemption Price, the Closing Bid Price, the Closing Sale Price or fair market value (as the Weighted Average Price case may be) or the arithmetic calculation of the Conversion Rate, Rate or the Conversion applicable Redemption Price or any Redemption Price, (as the case may be), the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations (as the case may be) via facsimile or electronic mail (i) within one (1) two (2) Business Day of receipt, or deemed receipt, Days after receipt of the Conversion Notice or Redemption Notice or other event applicable notice giving rise to such dispute, as dispute to the Company or the Holder (as the case may be, be) or (ii) if no notice gave rise to such dispute, at any time after the Holder. Holder learned of the circumstances giving rise to such dispute. If the Holder and the Company are unable to agree upon such determination or calculation within one (1) two (2) Business Day Days of such disputed determination or arithmetic calculation (as the case may be) being submitted to the Holder, Company or the Holder (as the case may be), then the Company shall, within one two (2) Business Day Days, submit via facsimile or electronic mail (a) the disputed determination of the Conversion Price, the Company Conversion Price, any Redemption Price, the Closing Bid Price, the Closing Sale Price or fair market value (as the Weighted Average Price case may be) to an independent, reputable investment bank selected by the Holder Company and approved by the Company, such approval not to be unreasonably withheld or delayed, Holder or (b) the disputed arithmetic calculation of the Conversion Rate, Conversion Price Rate or any Redemption Price (as the case may be) to an independent, outside accountant, independent investment bank or accountant selected by the Holder that is reasonably acceptable to the Company. The Company and approved by the Company, such approval not to be unreasonably withheld or delayed. The Company, Holder shall cause, at the Company's their joint expense, shall cause the investment bank or the accountant, as accountant (as the case may be, be) to perform the determinations or calculations (as the case may be) and notify the Company and the Holder of the results no later than five (5) ten (10) Business Days from the time it receives the such disputed determinations or calculations. calculations (as the case may be). Such investment bank's or accountant's determination or calculation, as calculation (as the case may be, be) shall be binding upon all parties absent demonstrable error. View More
Found in INTERCLOUD SYSTEMS, INC. contract
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Failure or Indulgence Not Waiver. No delay or omission by the Lender in exercising any power or right hereunder shall impair such right or power or be construed to be a waiver of any default, nor shall any single or partial exercise of any power or right hereunder preclude the full exercise thereof or the exercise of any other power or right. No renewal or extension of this Note or the Facility Agreement, no delay in the enforcement of payment under this Note or the Facility Agreement, and no delay or omission in exercising any ...right or power under this Note or the Facility Agreement shall affect the liability of the Borrower or any endorser of this Note. View More
Found in ENDOLOGIX INC contract
Failure or Indulgence Not Waiver. No delay or omission by the Lender in exercising any power or right hereunder shall impair such right or power or be construed to be a waiver of any default, nor shall any single or partial exercise of any power or right hereunder preclude the full exercise thereof or the exercise of any other power or right. No renewal or extension of this Note or the Facility Agreement, no delay in the enforcement of payment under this Note or the Facility Agreement, and no delay or omission in exercising any ...right or power under this Note or the Facility Agreement shall affect the liability of the Borrower or any endorser of this Note. A - 15 8. Notices. Whenever notice is required to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 6.1 of the Facility Agreement. View More
Found in ENDOLOGIX INC contract
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Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 3 14.Notices; Payments. (a) Notices. Whenever a notice is required to be give...n under this Note, unless otherwise provided herein, the notice shall be given to the Holder's address set forth above. Any notice, demand or request required or permitted to be given by the Company or the Holder pursuant to the terms of this Note shall be in writing and shall be- deemed delivered: (i) when delivered personally or by verifiable facsimile transmission, unless such delivery is made on a day that is not a business day, in which case such delivery will be deemed to be made on the next succeeding business day; (ii) on the next business day after timely delivery to an- overnight courier; and (iii) on the business day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid), addressed as follows: COMPANY: QPAGOS Paseo de la Reforma 404 Pisa LS PH CoL Juarez, Del. Cuauhtcmoc Mexico, D.F. C.P. 06600 with a copy to: Gracin & Marlow, LLP 405 Lexington Avenue, 26th Floor New York, New York 10174 Attention: Leslie Marlow, Esq. Facsimile: (212) 208-4657 HOLDER: Cobbolo Limited P.O. Box 146, Trident Chambers Roadtown, Tortola, BVI Attention: (b) Payments. Except as otherwise provided in this Note, whenever any payment of cash is to be made by the Company to any person pursuant to this Note, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such person at such address as previously provided to the Company in writing; provided, that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a business day, the same shall instead be due on the next succeeding day which is a business day. View More
Found in QPAGOS contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. 3 14.Notices; 14. Notices; Payments. (a) Notices. Whenever a notice is requir...ed to be given under this Note, unless otherwise provided herein, the notice shall be given to the Holder's Holder's, address set forth above. Any notice, demand or request required or permitted to be given by the Company or the Holder pursuant to the terms of this Note shall be in writing and shall be- be deemed delivered: (i) when delivered personally or by verifiable facsimile transmission, unless such delivery is made on a day that is not a business day, in which case such delivery will be deemed to be made on the next succeeding business day; (ii) on the next business day after timely delivery to an- an overnight courier; and (iii) on the business day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid), addressed as follows: COMPANY: QPAGOS Paseo de la Reforma 404 Pisa LS 15 PH CoL Col. Juarez, Del. Cuauhtcmoc Cuauhtemoc Mexico, D.F. C.P. 06600 with a copy to: Gracin & Marlow, LLP 405 Lexington Avenue, 26th Floor New York, New York 10174 Attention: Leslie Marlow, Esq. Facsimile: (212) 208-4657 HOLDER: Cobbolo Limited P.O. Box 146, Trident Chambers Roadtown, Tortola, BVI Gibbs International, Inc. 9855 Warren H. Abernathy Highway Spartanburg, Soutl1 Carolina 29301 Attention: Jimmy Gibbs (b) Payments. Except as otherwise provided in this Note, whenever any payment of cash is to be made by the Company to any person pursuant to this Note, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such person at such address as previously provided to the Company in writing; writing: provided, that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a business day, day the same shall instead be due on the next succeeding day which is a business day. View More
Found in QPAGOS contract
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Failure or Indulgence Not Waiver. Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder, unless such waiver is in writing and signed by Holder, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event.
Found in Jerrick Media Holdings, Inc. contract
Failure or Indulgence Not Waiver. Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder, unless such waiver is in writing and signed by Holder, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. 4 11. Notice. Notice shall be given to each party at the address indicated in the Securities Purchase Agreement or at such oth...er address as provided to the other party in writing. View More
Found in FOOTHILLS EXPLORATION, INC. contract
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