Common use of Agreement to Waive Clause in Contracts

Agreement to Waive. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 4 hereof, the Noteholders hereby waive the Designated Events of Default from the date of occurrence thereof through and including August 15, 2003 and the Noteholders and the Collateral Agent will not exercise the rights and remedies available under the Note Purchase Agreement and the other Senior Notes Documents as a result of the occurrence of such Designated Events of Default until after August 15, 2003. Nothing contained in this Waiver and Amendment shall prejudice any rights or remedies the Noteholders or the Collateral Agent may have, or the right of the Noteholders or the Collateral Agent to exercise any such rights and remedies, prior to August 15, 2003 with respect to Events of Default (whether now existing or hereafter occurring and including any violation of the temporary financial covenants under Article VIII.B. as set forth herein) other than the Designated Events of Default. Moreover, nothing contained in this Waiver and Amendment shall prejudice any rights or remedies the Noteholders or the Collateral Agent may have, or the right of the Noteholders or the Collateral Agent to exercise any such rights and remedies, with respect to any Events of Default (including the Designated Events of Default) after August 15, 2003. The obligations of the Noteholders or the Collateral Agent shall be governed only by, and shall remain subject only to, the terms of the Note Purchase Agreement and the other Senior Notes Documents.

Agreement to Waive. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 4 5 hereof, the Noteholders hereby waive the Designated Events of Default are hereby waived in accordance with the Credit Agreement from the date of occurrence thereof through until and including August 15, 2003 the Waiver Expiration Date and the Noteholders Banks and the Collateral Agent will not exercise the rights and remedies available under the Note Purchase Credit Agreement and the other Senior Notes Loan Documents as a result of the occurrence of such Designated Events of Default until after August 15, 2003the Waiver Expiration Date. Nothing contained in this Waiver Agreement and Amendment shall prejudice any rights or remedies the Noteholders Banks or the Collateral Agent may have, or the right of the Noteholders or Banks and the Collateral Agent to exercise any such rights and remedies, prior to August 15, 2003 the Waiver Expiration Date with respect to Events of Default (whether now existing or hereafter occurring and including any violation of Section 5.7B of the temporary financial covenants under Article VIII.B. as set forth hereinCredit Agreement) other than the Designated Events of Default. Moreover, nothing contained in this Waiver Agreement and Amendment shall prejudice any rights or remedies the Noteholders Banks or the Collateral Agent may have, or the right of the Noteholders Banks or the Collateral Agent to exercise any such rights and remedies, with respect to any Events of Default (including the Designated Events of Default) after August 15, 2003the Waiver Expiration Date. The obligations of the Noteholders or the Collateral Agent Banks shall be governed only by, and shall remain subject only to, the terms of the Note Purchase Credit Agreement and the other Senior Notes DocumentsLoan Documents except that, by reason of the execution of this Agreement and Amendment, the Designated Events of Default shall not, prior to the Waiver Expiration Date, limit Borrower's ability to obtain Loans and Letters of Credit otherwise available under the Credit Agreement.

Agreement to Waive. Notwithstanding the occurrence or continuation of the Designated Events of Default, subject to satisfaction of the conditions precedent set forth in Section 4 5 hereof, the Noteholders hereby waive the Designated Events of Default are hereby waived in accordance with the Credit Agreement from the date of occurrence thereof through until and including August June 15, 2003 (the "Waiver Expiration Date") and the Noteholders Banks and the Collateral Agent will not exercise the rights and remedies available under the Note Purchase Credit Agreement and the other Senior Notes Loan Documents as a result of the occurrence of such Designated Events of Default until after August 15, 2003the Waiver Expiration Date. Nothing contained in this Waiver Agreement and Amendment shall prejudice any rights or remedies the Noteholders Banks or the Collateral Agent may have, or the right of the Noteholders or Banks and the Collateral Agent to exercise any such rights and remedies, prior to August 15, 2003 the Waiver Expiration Date with respect to Events of Default (whether now existing or hereafter occurring and including any violation of the temporary financial covenants under Article VIII.B. as set forth hereinSection 5.7A) other than the Designated Events of Default. Moreover, nothing contained in this Waiver Agreement and Amendment shall prejudice any rights or remedies the Noteholders Banks or the Collateral Agent may have, or the right of the Noteholders Banks or the Collateral Agent to exercise any such rights and remedies, with respect to any Events of Default (including the Designated Events of Default) after August 15, 2003the Waiver Expiration Date. The obligations of the Noteholders or the Collateral Agent Banks shall be governed only by, and shall remain subject only to, the terms of the Note Purchase Credit Agreement and the other Senior Notes DocumentsLoan Documents except that, by reason of the execution of this Agreement and Amendment, the Designated Events of Default shall not, prior to the Waiver Expiration Date, limit Borrower's ability to obtain Loans and Letters of Credit otherwise available under the Credit Agreement.