Consent; Waiver. Tenant hereby consents to the collateral assignment by Owner to Agent of the Lease and Owner's rights, title and interests thereunder, including without limitation any liens or security interests held by Owner, pursuant to the Loan Documents as security for the repayment of the Loan and agrees that Owner shall not be in default under the Lease by reason of having made such assignments. Tenant acknowledges and agrees that until the Loan Documents burdening the Premises are released [(a) no consent by Owner under the Lease shall be effective without the written consent of Agent] and (b) Agent shall have the right, but not the obligation, to take any action permitted Owner under the Lease in connection with a default by Tenant thereunder to the extent permitted by the Loan Documents.
Consent; Waiver. Each Buyer, severally, and not jointly, consents to the transactions contemplated hereby and, to the extent a Buyer holds any other securities of the Company or otherwise is a party to an agreement with the Company that would prohibit the issuance of the Securities hereunder, waives, solely with respect to the issuance of the Securities hereunder, and not with respect to any other Subsequent Placement (as defined below), any term or condition that would otherwise prohibit the issuances of the Securities in accordance herewith (which, for the avoidance, of doubt, shall not include any waiver of any term or conditions that would adjust any conversion price or exercise price of any security of such Buyer, as applicable)
Consent; Waiver. Upon the occurrence of the Effective Time (as hereinafter defined), (a) notwithstanding the provisions of Sections 4.17 and 6.17 of the Loan Agreement, Bank hereby consents to the formation by the Company of TGC as a Subsidiary of the Company (the “TGC Formation”), and (b) Bank hereby waives any Event of Default that may exist on the date hereof as under Sections 4.17 and 6.17 of the Loan Agreement resulting from the TGC Formation. The foregoing waiver is specifically limited in time and scope to the events expressly described in the prior sentence and shall not be deemed to extend or apply to any other event or occurrence in existence as of the date hereof or arising hereafter. In addition, the foregoing waiver shall not be deemed to constitute a custom or a practice on the part of Bank and shall not establish or be deemed to have established a course of dealing among Bank and Obligors under the Loan Agreement or any other Financing Agreement.
Consent; Waiver. The undersigned hereby:
Consent; Waiver. Notwithstanding any terms or provisions of the Credit Agreement to the contrary, this Amendment serves as evidence of the Agent’s and each Lender’s (i) consent to Sale and each of the transactions necessary to consummate the Sale and (ii) waiver of any and all Events of Default arising or occurring under the Credit Agreement or any other Loan Document, solely as a result of the Sale. The consent and waiver provided herein shall be limited to the matter set forth herein. Except as otherwise provided herein, all provisions, terms and conditions of the Credit Agreement remain in full force and effect after giving effect to the Sale.
Consent; Waiver. By its execution hereof, SML hereby (a) consents to the sale and transfer of the Remaining Limited Partnership Interest to TAL in the event that TAL exercises the Option, as aforesaid, and (b) waives the requirement in Section 7.5 of the Partnership Agreement for a legal opinion of Sagemark's counsel as to the transfer of the Limited Partnership Interest (and, if applicable hereafter, the Remaining Limited Partnership Interest) not causing Sagemark Capital to be required to register under the Investment Company Act or to lose the "safe harbor" exemption from registration under the Investment Company Act that relates to the number of beneficial owners of the securities issued by Sagemark Capital. Both Sagemark and TAL hereby agree to execute any instrument or document reasonably requested of either of them by SML to effectuate such sale and transfer.
Consent; Waiver. Upon the occurrence of the Effective Time (as hereinafter defined), (a) notwithstanding the provisions of Sections 4.17 and 6.17 of the Loan Agreement, Bank hereby consents to the formation by the Company of Teavana Canada as a Subsidiary of Holdings (the "Teavana Canada Formation"), and (b) Bank hereby waives any Event of Default that may exist on the date hereof under Sections 4.17 and 6.17 of the Loan Agreement resulting from the Teavana Canada Formation. Upon the occurrence of the Effective Time, (a) notwithstanding the provisions of Section 6.5 of the Loan Agreement, Bank hereby consents to transfers of cash and liabilities from the Company to TGC and a related intercompany loan in January 2011 (the "TGC Transfer") equal to the amount of such cash as heretofore described by the Company to Bank, and (b) Bank hereby waives any Event of Default that may exist on the date hereof under Section 6.5 of the Loan Agreement resulting from the TGC Transfer. The foregoing waivers are specifically limited in time and scope to the events expressly described in the prior two sentences and shall not be deemed to extend or apply to any other event or occurrence in existence as of the date hereof or arising hereafter. In addition, the foregoing waivers shall not be deemed to constitute a custom or a practice on the part of Bank and shall not establish or be deemed to have established a course of dealing among Bank and Obligors under the Loan Agreement or any other Financing Agreement.
Consent; Waiver. (a) The Obligors have advised the Agent and the Lenders of the following transactions:
Consent; Waiver. Upon the occurrence of the Effective Time (as hereinafter defined), (a) notwithstanding any provisions of the Loan Agreement to the contrary, Bank hereby consents to the Twin Acquisition, and (b) Bank hereby waives any Event of Default that may exist under the Loan Agreement resulting from or relating to the Twin Acquisition, including any related license of certain patents, trademarks, services marks, tradenames, copyrights and other intellectual property rights by the Company to Teavana Canada (any such agreement, the "Canadian License Agreement"), subject to the provisions of Section 5.21 of the Loan Agreement. The foregoing waivers are specifically limited in time and scope to the Teaopia Acquisition and shall not be deemed to extend or apply to any other event or occurrence in existence as of the date hereof or arising hereafter. In addition, the foregoing waivers shall not be deemed to constitute a custom or a practice on the part of Bank and shall not establish or be deemed to have established a course of dealing among Bank and Obligors under the Loan Agreement or any other Financing Agreement.
Consent; Waiver. The Owner Lessor, Funding LLC and the Holder Representative hereby consent to the execution and delivery by Midwest and ComEd of Amendment No.1
