Common use of Agreement to Forbear Clause in Contracts

Agreement to Forbear. 2.1 Provided that no Forbearance Default occurs, the Consenting Holders hereby agree to refrain through the Termination Date from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their rights and remedies under the PRI Indenture or any of the other Indenture Documents that may exist by virtue of the Existing Defaults or the Anticipated Defaults. 2.2 Nothing in this Agreement shall be construed as a waiver of or acquiescence of any Existing Default or Anticipated Default, which shall continue in existence subject only to the agreement of the Consenting Holders, as set forth herein, not to enforce their remedies for a limited period of time. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (a) constitute an extension, modification, or waiver of any aspect of the PRI Indenture or the other Indenture Documents; (b) extend the terms of the PRI Indenture or the due date of any of the principal or interest payments due on the PRI Notes; (c) give rise to any obligation on the part of the Consenting Holders to extend, modify or waive any term or condition of the PRI Indenture or any of the other Indenture Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders to compel payment of the principal or interest payments due on the PRI Notes or otherwise enforce their rights and remedies under the PRI Indenture and the other Indenture Documents. Except as expressly limited herein, the Consenting Holders hereby expressly reserves all of their rights and remedies under the PRI Indenture and the other Indenture Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders shall be entitled to enforce the PRI Indenture and the other Indenture Documents according to the terms of the PRI Indenture and the other Indenture Documents. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Forbearance Agreement (Packaging Resources Inc)

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Agreement to Forbear. 2.1 Provided that no Forbearance Default occurs, the Consenting Holders hereby agree to refrain through the Termination Date from exercising (including, in the case of the Consenting Holders, including by giving all necessary instructions permitted in accordance with the PRI Group Indenture to the Trustee) any of their rights and remedies under the PRI Group Indenture or any of the other Indenture Documents that may exist by virtue of the Existing Defaults or the Anticipated Defaults. 2.2 Nothing in this Agreement shall be construed as a waiver of or acquiescence of any Existing Default or Anticipated Default, which shall continue in existence subject only to the agreement of the Consenting Holders, as set forth herein, not to enforce their remedies for a limited period of time. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (a) constitute an extension, modification, or waiver of any aspect of the PRI Group Indenture or the other Indenture Documents; (b) extend the terms of the PRI Group Indenture or the due date of any of the principal or interest payments due on the PRI Group Notes; (c) give rise to any obligation on the part of the Consenting Holders to extend, modify or waive any term or condition of the PRI Group Indenture or any of the other Indenture Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders to compel payment of the principal or interest payments due on the PRI Group Notes or to otherwise enforce their rights and remedies under the PRI Group Indenture and the other Indenture Documents. Except as expressly limited herein, the Consenting Holders hereby expressly reserves all of their rights and remedies under the PRI Group Indenture and the other Indenture Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders shall be entitled to enforce the PRI Group Indenture and the other Indenture Documents according to the terms of the PRI Group Indenture and the other Indenture Documents. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Forbearance Agreement (Packaging Resources Inc)

Agreement to Forbear. 2.1 Provided (a) During the Forbearance Period, subject to the terms and conditions of this Agreement, (i) the Agent and the Lenders that no Forbearance Default occursare signatories hereto, which Lenders constitute the Consenting Holders Required Lenders, hereby agree to refrain through the Termination Date forbear from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their rights and remedies under as creditors against the PRI Indenture or any of Borrower and the other Indenture Documents Credit Parties or Parent that may exist by virtue of any Specified Defaults (subject to the Existing Defaults termination of such forbearance in the event of any Termination Event, including any Termination Event arising from or out of a Specified Default (although it is understood that the Anticipated Defaultsexistence of a Specified Default shall not in and of itself constitute a Termination Event)) under the Credit Agreement or under the other Fundamental Documents and (ii) the Lender Counterparties that are signatories hereto hereby agree to forbear from exercising their rights and remedies as creditors against the Borrower and (if applicable) the other Credit Parties with respect to payments on the Termination Amounts and any interest accruing thereon. 2.2 (b) In addition, solely with respect to the Specified Defaults listed as Items 1 and 2 appearing on Schedule 1 hereto, the Agent, the Lenders and the Lender Counterparties signatory hereto agree to temporarily waive, solely during the Forbearance Period, any Default or Event of Default resulting solely from any such Specified Defaults. For the avoidance of doubt, the temporary waiver contained in the preceding sentence shall terminate and be of no further force or effect upon any expiration or termination of the Forbearance Period. (c) It is acknowledged and agreed that, from and after the date hereof, the Borrower shall not be entitled to request any additional Loans or Letters of Credit until such time as the consent of the Lenders holding at least 66-2/3% of the Revolving Credit Commitments has been obtained. Nothing in this Agreement shall be construed as a waiver of or acquiescence limit any Lender’s obligation to reimburse the Issuing Bank its pro rata portion of any Existing payment made by the Issuing Bank after the date hereof on any Letter of Credit issued prior to the date hereof. (d) It is understood and agreed among the Lenders, the Agent and the Borrower that the Base Cash Flow Schedule and any updated rolling cash flow schedule delivered as contemplated herein have been or will be, with respect to factual matters covered therein (but not with respect to the covenants and agreements contained herein) delivered in anticipation of and as part of settlement discussions, and as between the Credit Parties, the Agent and the Lenders, nothing contained therein shall during the Forbearance Period constitute an admission by any of the Credit Parties as to any inability to pay their debts as they become due. (e) It is understood and agreed among the Lenders, the Agent and the Borrower that the requirement in Section 6.5(m) of the Credit Agreement that there be no Default or Anticipated Default, which Event of Default shall continue in existence subject only be disregarded to the agreement of extent the Consenting Holders, as set forth herein, not to enforce their remedies for a limited period of time. Except as expressly provided herein, the execution and delivery Borrower complies with Section 6(c)(v) of this Agreement shall not: (a) constitute an extension, modification, or waiver of any aspect of the PRI Indenture or the other Indenture Documents; (b) extend the terms of the PRI Indenture or the due date of any of the principal or interest payments due on the PRI Notes; (c) give rise to any obligation on the part of the Consenting Holders to extend, modify or waive any term or condition of the PRI Indenture or any of the other Indenture Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders to compel payment of the principal or interest payments due on the PRI Notes or otherwise enforce their rights and remedies under the PRI Indenture and the other Indenture Documents. Except as expressly limited herein, the Consenting Holders hereby expressly reserves all of their rights and remedies under the PRI Indenture and the other Indenture Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders shall be entitled to enforce the PRI Indenture and the other Indenture Documents according to the terms of the PRI Indenture and the other Indenture Documents. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, including that such Required Consents must be received by no later than payments were included in the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"Base Cash Flow Statement). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Forbearance Agreement (RHI Entertainment, Inc.)

Agreement to Forbear. 2.1 Provided that no (a) During the Forbearance Default occursPeriod, the Consenting Holders Lender hereby agree agrees to refrain through the Termination Date forbear from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their its rights and remedies under against the PRI Indenture or any of the other Indenture Documents Borrower that may exist by virtue of the Existing Specified Defaults under the Loan Agreements or any of the Anticipated Defaultsother Loan Documents. 2.2 (b) Nothing in this Agreement shall be construed as a waiver of or acquiescence of any Existing Default or Anticipated Defaultto the Specified Defaults, which and the Specified Defaults shall continue in existence subject only to notwithstanding the agreement of the Consenting HoldersLender, as set forth herein, not to enforce their forbear in the exercise of rights and remedies against the Borrower on the terms and for a limited the period of timeset forth herein. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (ai) constitute an extension, modification, or waiver of any term or aspect of the PRI Indenture Loan Agreements or the other Indenture Loan Documents; (bii) extend the terms of the PRI Indenture Loan Agreements or the due date of any of the principal or interest payments due on the PRI NotesObligations; (ciii) give rise to any obligation on the part of the Consenting Holders Lender to extend, amend, waive or otherwise modify or waive any term or condition of the PRI Indenture Loan Agreements or any of the other Indenture Loan Documents; or (div) give rise to any defenses or counterclaims to the right of the Consenting Holders Lender to compel payment of the principal Obligations or interest payments due on the PRI Notes or to otherwise enforce their rights and remedies under the PRI Indenture Loan Agreements and the other Indenture Loan Documents. During the Forbearance Period, the Lender may exercise all rights and remedies against the Borrower that may exist by virtue of the occurrence and continuance of any Forbearance Default. Following the Forbearance Period, the Obligations shall accelerate and the Lender may exercise all other rights and remedies against the Borrower that may exist by virtue of the occurrence and continuance of any Specified Default or any Forbearance Default that occurs. Except as expressly limited hereinset forth in paragraph 3(a) above, the Consenting Holders Lender hereby expressly reserves all of their its rights and remedies under the PRI Indenture and the other Indenture Loan Documents and under applicable law with respect to such Existing the Specified Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders shall be entitled to enforce the PRI Indenture and the other Indenture Documents according to the terms of the PRI Indenture and the other Indenture Documentsotherwise. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Forbearance Agreement (Applied Solar, Inc.)

Agreement to Forbear. 2.1 Provided that no Forbearance Default occurs, the Consenting Holders Agent and Lenders hereby agree to refrain forbear and refrain, through the Termination Date Date, from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their respective rights and remedies under the PRI Indenture Credit Agreement or any of the other Indenture Documents Loan Document that may exist by virtue because of the Existing Covenant Defaults or a default respecting the Anticipated DefaultsSub Debt Payment. 2.2 Nothing in this Agreement shall be construed as a waiver of or acquiescence of any Existing Default or Anticipated Defaultthe Covenant Defaults, which defaults shall continue in existence subject only to the agreement of Agent and Lenders, upon the Consenting Holders, occurrence of such Covenant Defaults as set forth herein, not to enforce their respective rights and remedies for a limited period of timetime as set forth herein. Notwithstanding the preceding sentence (and without in any manner limiting the generality or the specific thereof), the occurrence of any Covenant Defaults or other defaults identified herein shall only become Defaults or Events of Defaults for purposes of the Credit Agreement on the Termination Date. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (a) constitute an amendment, extension, modification, or waiver of any aspect of the PRI Indenture Credit Agreement or the other Indenture Loan Documents; (b) extend the terms of the PRI Indenture Credit Agreement or the due date of any of the principal or interest payments due on the PRI NotesObligations; (c) give rise to any obligation on the part of the Consenting Holders Agent or Lenders to extend, modify or waive any term or condition of the PRI Indenture Credit Agreement or any of the other Indenture Loan Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders Agent and Lenders to compel payment of the principal Obligations or interest payments due on the PRI Notes or to otherwise enforce their respective rights and remedies under the PRI Indenture Credit Agreement and the other Indenture Loan Documents. Except as expressly limited herein, the Consenting Holders Agent and Lenders hereby expressly reserves reserve all of their respective rights and remedies under the PRI Indenture and the other Indenture Loan Documents and under applicable law with respect to such Existing Defaults and Anticipated Covenant Defaults. From Borrower and each Guarantor expressly acknowledge that from and after the Termination Date, the Consenting Holders Agent and Lenders shall be entitled to enforce the PRI Indenture Loan Documents and require strict compliance with all of the terms and provisions of the Credit Agreement and the other Indenture Documents according to the terms of the PRI Indenture and the other Indenture Loan Documents. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Credit Agreement and Forbearance Agreement (Advanced Glassfiber Yarns LLC)

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Agreement to Forbear. 2.1 Provided that no (a) During the Forbearance Default occursPeriod, subject to the terms and conditions of this Agreement, the Consenting Holders Agent and the Lenders that are signatories hereto, which Lenders constitute the Required Lenders, hereby agree to refrain through the Termination Date forbear from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their rights and remedies under as creditors against the PRI Indenture or any of Borrower and the other Indenture Documents Credit Parties or Parent that may exist by virtue of any Specified Defaults (subject to the Existing Defaults or termination of such forbearance in the Anticipated Defaults. 2.2 Nothing in this Agreement shall be construed as a waiver of or acquiescence event of any Existing Termination Event, including any Termination Event arising from or out of a Specified Default (although it is understood that the existence of a Specified Default shall not in and of itself constitute a Termination Event)) under the Credit Agreement or Anticipated Default, which shall continue in existence subject only to the agreement of the Consenting Holders, as set forth herein, not to enforce their remedies for a limited period of time. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (a) constitute an extension, modification, or waiver of any aspect of the PRI Indenture or under the other Indenture Fundamental Documents; (b) extend the terms , including without limitation by making any demand for payment of the PRI Indenture or the due date of any of the principal or interest payments due on the PRI Notes; (c) give rise to any obligation on the part of the Consenting Holders to extend, modify or waive any term or condition of the PRI Indenture or any of the other Indenture Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders to compel payment of the principal or interest payments Loans due on the PRI Notes or otherwise enforce their rights and remedies under the PRI Indenture and the other Indenture Documents. Except as expressly limited herein, the Consenting Holders hereby expressly reserves all of their rights and remedies under the PRI Indenture and the other Indenture Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders shall be entitled to enforce the PRI Indenture and the other Indenture Documents according payable pursuant to the terms of the PRI Indenture Credit Agreement during the Forbearance Period, by pursuing unsecured lender remedies with regard to any such payment not made and/or by delivering any Notice of Intent to Exercise (as defined in the Intercreditor Agreement) for the Borrower’s failure to pay such interest. (b) In addition, solely with respect to the Specified Defaults listed as Item 1 appearing on Schedule 1 hereto, the Agent and the other Indenture Documents. 2.3 This Agreement Lenders signatory hereto agree to temporarily waive, solely during the Forbearance Period, any Default or Event of Default resulting solely from such Specified Defaults. For the avoidance of doubt, the temporary waiver contained in the preceding sentence shall become effective only terminate and be of no further force or effect upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date any expiration or termination of the Forbearance Agreement dated May 30Period. (c) It is understood and agreed among the Lenders, 2000 executed by the Group, PRI, Agent and the Consenting Holders Borrower that nothing contained in the Base Cash Flow Schedule (as defined in the "Expiration Time"). If First Lien Forbearance Agreement, the Required Consents are not received “Base Cash Flow Schedule”) shall during the Forbearance Period constitute an admission by any of the Expiration TimeCredit Parties as to any inability to pay their debts as they become due. (d) It is understood and agreed among the Lenders, this the Agent and the Borrower that the requirement in Section 6.5(l) of the Credit Agreement shall not become effective and that there be no Default or Event of Default shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of disregarded to the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy extent the Borrower complies with Section 4(c)(v) of this Agreement to each of the signatories hereinAgreement.

Appears in 1 contract

Samples: Forbearance Agreement (RHI Entertainment, Inc.)

Agreement to Forbear. 2.1 Provided that no (a) Solely during the Forbearance Default occursPeriod, the Consenting Trustee (as directed by the Holders) and the Holders hereby agree to refrain through forbear from accelerating the Termination Date from Notes or otherwise exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their rights and or default remedies under or enforcement actions against the PRI Indenture or Note Parties (but not any of the other Indenture Documents Person) that may exist by virtue of the Existing Defaults Specified Events of Default under the Indenture or any of the Anticipated Defaults.other Note Documents and each of the undersigned Holders hereby authorizes and directs the Trustee to execute and deliver this Agreement 2.2 (b) Nothing in this Agreement shall be construed as a waiver of or acquiescence to the Specified Events of any Existing Default or Anticipated Default, which Specified Events of Default shall continue in existence subject only to notwithstanding the agreement of the Consenting Trustee and the Holders, as set forth herein, to forbear from accelerating the Notes or otherwise exercising any of their rights or default remedies or enforcement actions against the Note Parties (but not to enforce their remedies any other Person) on the terms and for a limited the period of timeset forth herein. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (ai) constitute an extension, modification, or waiver of any term or aspect of the PRI Indenture or the other Indenture Note Documents; (bii) extend the terms of the PRI Indenture or the due date of any of the principal or interest payments due on the PRI NotesNote Obligations; (ciii) give rise to any obligation on the part of the Consenting Trustee or the Holders to extend, modify or waive any term or condition of the PRI Indenture or any of the other Indenture Note Documents; or (div) give rise to any defenses or counterclaims to the right of the Consenting Trustee or the Holders to compel payment of the principal Note Obligations or interest payments due on the PRI Notes or to otherwise enforce their rights and or default remedies or enforcement actions under the PRI Indenture and the other Indenture Note Documents. Except as expressly limited herein, the Consenting Trustee and the Holders hereby expressly reserves reserve all of their rights and remedies under the PRI Indenture and the other Indenture Note Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaultsthe Specified Events of Default. From and after the Forbearance Termination Date, the Consenting Trustee and the Holders shall be entitled to enforce the PRI Indenture and the other Indenture Note Documents according to the terms of the PRI Indenture and the other Indenture Documentsthereof. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRI, and the Consenting Holders (the "Expiration Time"). If the Required Consents are not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.

Appears in 1 contract

Samples: Forbearance Agreement (Rockley Photonics Holdings LTD)

Agreement to Forbear. 2.1 Provided For so long as (a) no material Default has occurred under the Loan Documents other than the Specified Defaults, (b) Borrower complies in all material respects with its obligations under this Agreement, and (c) no event occurs that no would entitle Lenders to terminate the Forbearance Default occursPeriod as set forth in this Agreement, commencing on the Consenting Holders hereby Effective Date (as hereinafter defined) and continuing through March 29, 2002, Lenders agree to refrain through the Termination Date from exercising (including, in the case of the Consenting Holders, by giving all necessary instructions permitted in accordance with the PRI Indenture to the Trustee) any of their rights and remedies under the PRI Indenture or any of the other Indenture Loan Documents that may exist by virtue of the Existing Specified Defaults or (the Anticipated Defaults. 2.2 Nothing period in which Lenders are obligated to so forbear being referred to herein as the "Forbearance Period"). Notwithstanding anything in this Agreement shall to the contrary, upon expiration or any earlier termination of the Forbearance Period, (i) no Advance may be construed made, converted into or continued beyond its then-current term as a waiver of or acquiescence of any Existing Default or Anticipated Default, which shall continue in existence subject only to the agreement of the Consenting Holders, as set forth herein, not to enforce their remedies for a limited period of time. Except as expressly provided herein, the execution and delivery of this Agreement shall not: (a) constitute an extension, modification, or waiver of any aspect of the PRI Indenture or the other Indenture Documents; (b) extend the terms of the PRI Indenture or the due date of any of the principal or interest payments due on the PRI Notes; (c) give rise to any obligation on the part of the Consenting Holders to extend, modify or waive any term or condition of the PRI Indenture or any of the other Indenture Documents; or (d) give rise to any defenses or counterclaims to the right of the Consenting Holders to compel payment of the principal or interest payments due on the PRI Notes or otherwise enforce their rights and remedies under the PRI Indenture LIBOR Advance and the other Indenture Documents. Except as expressly limited hereinObligations shall thereafter bear interest at the Default Rate unless otherwise specified by the Required Lenders, the Consenting Holders hereby expressly reserves all of their rights and remedies under the PRI Indenture and the other Indenture Documents and under applicable law with respect to such Existing Defaults and Anticipated Defaults. From and after the Termination Date, the Consenting Holders (ii) Lenders shall be entitled to enforce exercise any and all rights and remedies available to Lenders under the PRI Indenture and the other Indenture Loan Documents according to the terms or at law or in equity on account of the PRI Indenture and the Specified Defaults and/or on account of any other Indenture Documents. 2.3 This Agreement shall become effective only upon execution and delivery by holders representing greater than 75% of the outstanding principal amount of the PRI Notes (the "Required Consents"); provided, however, that such Required Consents must be received by no later than the Termination Date of the Forbearance Agreement dated May 30, 2000 executed by the Group, PRIDefault, and the Consenting Holders (the "Expiration Time"). If the Required Consents are iii) Lenders have not received by the Expiration Time, this Agreement shall not become effective and shall be of no force and effect and shall not be binding deemed to have waived, modified or reduced in any manner any such rights or remedies of Lenders by reason of their agreement to forbear under this Agreement. As used herein, "Effective Date" shall mean the date on any signatories hereto. Upon this letter agreement becoming effective, PRI shall immediately notify which each of the signatories hereby by facsimile of such effectiveness and shall deliver an executed copy of this Agreement to each of the signatories herein.following conditions are satisfied:

Appears in 1 contract

Samples: Forbearance Agreement (National Golf Properties Inc)

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