Agreement and Waiver. The Company shall have executed and delivered to the Investor the Agreement and Waiver.
Agreement and Waiver. The Board of Directors of the Company has approved the provisions of the Agreement and Waiver.
Agreement and Waiver. In consideration of my assignment to CLIENT by STAFFING FIRM, I agree that I am solely an employee of STAFFING FIRM for benefits plan purposes and that I am eligible only for such benefits as STAFFING FIRM may offer to me as its employee. I further understand and agree that I am not eligible for or entitled to participate in or make any claim upon any benefit plan, policy, or practice offered by CLIENT, its parents, affiliates, subsidiaries, or successors to any of their direct employees, regardless of the length of my assignment to CLIENT by STAFFING FIRM and regardless of whether I am held to be a common-law employee of CLIENT for any purpose; and therefore, with full knowledge and understanding, I hereby expressly waive any claim or right that I may have, now or in the future, to such benefits and agree not to make any claim for such benefits. EMPLOYEE WITNESS Signature Signature Printed Name Printed Name Date Date
Agreement and Waiver. No Agreement to, or waiver of, any provision of this Agreement will be effective unless in writing and signed by both parties. The waiver by any party of any breach or default will not constitute a waiver of any different or subsequent breach or default.
Agreement and Waiver. On and from the Effective Date, the Facility Agent (acting on the instructions of the Lenders and on behalf of the Finance Parties):
(a) consents to the Shares Transfer;
(b) waives the application of Clause 19 (Financial Covenants); and
(c) waives any Event of Default that has occurred in relation to the Borrower as a result of the occurrence of the Spin-Off Completion Date pursuant to: (i) clause 26.4 (other obligations) of the Facility Agreement in relation to paragraph (c) of clause 21.18 (share capital); (ii) clause 26.5 (misrepresentation) of the Facility Agreement in relation to a breach of paragraph (a) or (c) of clause 18.3 (share capital and ownership); and (iii) clause 26.10 (ownership of the obligors) of the Facility Agreement.
Agreement and Waiver. The Board of Trustees of the Company has authorized the Company to enter into and perform the Agreement and Waiver.
Agreement and Waiver. (a) Prior to the effectiveness of this Amendment, Section 2.2(d) of the Credit Agreement required the Borrower to make a $5,000,000 Reduction Installment on September 30, 2002. The Borrower failed to make such Reduction Installment. As a result of such noncompliance, an Event of Default has occurred and is continuing under the Credit Agreement. At the Borrower's request, the Lenders agree to waive such Event of Default if such Reduction Installment is received no later than October 1, 2002, and subject to the terms and conditions set forth herein.
(b) Section 7(A) of the Warrant Agreements provides that no later than 45 days following the Issue Date (as defined therein), the Borrower will file a registration statement with the Securities and Exchange Commission to effect the registration under the Securities Act of 1933, as amended, of the shares of common stock issued or issuable upon the exercise of such Warrant Agreements and will cause such registration statement to become effective (the "Registration Effective Date") as a shelf registration no later than 90 days after the Issue Date (as defined therein). As part of the Second Amendment and with respect to the Warrant Agreements dated as of January 28, 2002, the Lenders agreed to provide an additional 30 days after each such compliance date, subject to the terms and conditions set forth in the Second Amendment. Pursuant to a letter agreement dated April 22, 2002, the Registration Date was again extended to June 10, 2002. The Borrower failed to cause its registration statement to become effective by such date, resulting in an Event of Default under the Credit Agreement. As part of the Third Amendment, the Lenders agreed to waive such Event of Default, subject to the terms and conditions set forth therein and provided that that the Borrower (i) filed its amended registration statement for the Warrant Agreements on a date not later than February 4, 2003 and (ii) caused such registration statement to become effective as a shelf registration on a date not later than March 31, 2003. The Borrower has informed the Lenders that it will be unable to cause such registration statement to become effective as a shelf registration by March 31, 2003. At the Borrower's request, the Lenders agree to extend the date by which such registration statement must become effective to a date not later than March 31, 2004.
(c) The foregoing waiver and agreement is given in this instance only. The foregoing waiver and agreement sh...
Agreement and Waiver. In reliance on the representations, warranties, covenants and agreements contained in this Third Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, Executing Banks hereby agree that a Special Mandatory Redemption (as defined in the New Issuance Documents) will not be a Default or Event of Default under Section 10.2 or Section 12.1(f)
Agreement and Waiver. 3.8.1 All the existing shareholders of the Target Company hereby Agree and approve this Equity Transfer, and waive their respective rights of first refusal, co-sale rights and/or other similar rights with respect to the Transferred Equity under this Equity Transfer.
3.8.2 The Actual Controller hereby Agree and approve this Equity Transfer, and waive their respective rights of first refusal, co-sale rights and/or other similar rights with respect to the Transferred Equity under this Equity Transfer.
Agreement and Waiver. Please provide the following information which will be used to conduct your background investigation: Name: Address: Occupation: Date of Birth Drivers License Number