Common use of Conditions to Waiver Clause in Contracts

Conditions to Waiver. The waivers granted pursuant to Section 2 above are subject the conditions that: (a) the Guarantor shall deliver to each of the Liquidity Providers the following items on or prior to the dates specified below (or, in the reasonable discretion of the Liquidity Agent, no later than 5 days thereafter): (i) a monthly forecast of cash receipts and disbursements, commencing with February, 2000, no later than the first day of each month in respect of such forecast ; (ii) a monthly reconciliation of actual cash receipts and disbursements to the forecast for such month delivered pursuant to clause (i) above, no later than the 25th day of the next succeeding month; (iii) a weekly sales report for each week, commencing with the week ending January 8, 2000, no later than the 4th day following the last day of the week in respect of which such sales report is to be delivered; (iv) an operating forecast for each month in the fiscal year ending on or closest to February 28, 2001, no later than March 31, 2000; and (v) a monthly reconciliation of actual operating results for each month specified in the operating forecast delivered pursuant to clause (iv) above to the budget for such month, no later than the 30th day of the next succeeding month; and (b) the Guarantor shall not directly or indirectly, make or agree to make any payment to or for the account of any holder of Public Debt, or any trustee or other representative of any such holder, on account of principal of, interest on or fees in respect of such Public Debt, except as required by the terms of such Public Debt as in effect on the date hereof.

Conditions to Waiver. The waivers granted pursuant to Section 2 above are subject to the conditions that: (a) the Guarantor Borrower shall deliver to each of the Liquidity Providers Banks the following items on or prior to the dates specified below (or, in the reasonable discretion of the Liquidity Administrative Agent, no later than 5 days thereafter): (i) a monthly forecast of cash receipts and disbursements, commencing with February, 2000, no later than the first day of each month in respect of such forecast ; (ii) a monthly reconciliation of actual cash receipts and disbursements to the forecast for such month delivered pursuant to clause (i) above, no later than the 25th day of the next succeeding month; (iii) a weekly sales report for each week, commencing with the week ending January 8, 2000, no later than the 4th day following the last day of the week in respect of which such sales report is to be delivered; (iv) an operating forecast for each month in the fiscal year ending on or closest to February 28, 2001, no later than March 31, 2000; and (v) a monthly reconciliation of actual operating results for each month specified in the operating forecast delivered pursuant to clause (iv) above to the budget for such month, no later than the 30th day of the next succeeding month; and (b) the Guarantor Borrower shall not directly or indirectly, make or agree to make any payment to or for the account of any holder of Public Debt, or any trustee or other representative of any such holder, on account of principal of, interest on or fees in respect of such Public Debt, except as required by the terms of such Public Debt as in effect on the date hereof.

Conditions to Waiver. The waivers granted pursuant to Section 2 above are subject to the conditions that: (a) the Guarantor Borrower shall deliver to each of the Liquidity Providers Banks the following items on or prior to the dates specified below (or, in the reasonable discretion of the Liquidity Agent, no later than 5 days thereafter): (i) a monthly forecast of cash receipts and disbursements, commencing with February, 2000, no later than the first day of each month in respect of such forecast ; (ii) a monthly reconciliation of actual cash receipts and disbursements to the forecast for such month delivered pursuant to clause (i) above, no later than the 25th day of the next succeeding month; (iii) a weekly sales report for each week, commencing with the week ending January 8, 2000, no later than the 4th day following the last day of the week in respect of which such sales report is to be delivered; (iv) an operating forecast for each month in the fiscal year ending on or closest to February 28, 2001, no later than March 31, 2000; and (v) a monthly reconciliation of actual operating results for each month specified in the operating forecast delivered pursuant to clause (iv) above to the budget for such month, no later than the 30th day of the next succeeding month; and (b) the Guarantor Borrower shall not directly or indirectly, make or agree to make any payment to or for the account of any holder of Public Debt, or any trustee or other representative of any such holder, on account of principal of, interest on or fees in respect of such Public Debt, except as required by the terms of such Public Debt as in effect on the date hereof.

Conditions to Waiver. The waivers granted pursuant to Section 2 above are subject to the conditions that: (a) the Guarantor Borrower shall deliver to each of the Liquidity Providers Banks the following items on or prior to the dates specified below (or, in the reasonable discretion of the Liquidity Administrative Agent, no later than 5 days thereafter): (i) a monthly forecast of cash receipts and disbursements, commencing with February, 2000, no later than the first day of each month in respect of such forecast forecast; (ii) a monthly reconciliation of actual cash receipts and disbursements to the forecast for such month delivered pursuant to clause (i) above, no later than the 25th day of the next succeeding month; (iii) a weekly sales report for each week, commencing with the week ending January 8, 2000, no later than the 4th day following the last day of the week in respect of which such sales report is to be delivered; (iv) an operating forecast for each month in the fiscal year ending on or closest to February 28, 2001, no later than March 31, 2000; and (v) a monthly reconciliation of actual operating results for each month specified in the operating forecast delivered pursuant to clause (iv) above to the budget for such month, no later than the 30th day of the next succeeding month; and (b) the Guarantor Borrower shall not directly or indirectly, make or agree to make any payment to or for the account of any holder of Public Debt, or any trustee or other representative of any such holder, on account of principal of, interest on or fees in respect of such Public Debt, except as required by the terms of such Public Debt as in effect on the date hereof.