CONSENTS, AMENDMENTS, WAIVERS, ETC. Any consent or approval required or permitted by this Credit Agreement to be given by the Banks (including, without limitation, an increase in the sublimit of Revolving Credit Loans, Bankers' Acceptances and Letters of Credit available to the Foreign Borrowers) may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrowers or any of their Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrowers and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Notes and loan accounts (other than interest accruing pursuant to ss.5.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), any change in the regularly scheduled or otherwise required payment dates for any amounts owing under the Loan Documents to the Banks, any forgiveness of any of the Obligations, the waiver of an Event of Default under ss.13.1(a) or (b) hereof, the release of any security interest or lien as to Collateral
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Holmes Products Corp)
CONSENTS, AMENDMENTS, WAIVERS, ETC. Any consent or approval required or permitted by this Credit Agreement to be given by the Banks (including, without limitation, an increase in the sublimit of Revolving Credit Loans, Bankers' Acceptances Loans and Letters of Credit available to the Foreign Subsidiary Borrowers) may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrowers or any of their Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrowers and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Revolving Credit Notes and loan accounts (other than interest accruing pursuant to ss.5.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), any change in the regularly scheduled or otherwise required payment dates for any amounts owing under the Loan Documents to the Banks, any forgiveness of any of the Obligations, the waiver of an Event of Default under ss.13.1(a) or (b) hereof, the release of any security interest or lien as to CollateralCollateral constituting all or substantially all of the Collateral (except if the release or disposition of such Collateral is permitted or provided for in the provisions of ss.
Appears in 1 contract
CONSENTS, AMENDMENTS, WAIVERS, ETC. Any consent or approval required or permitted by this Credit Agreement to be given by all of the Banks (including, without limitation, an increase in the sublimit of Revolving Credit Loans, Bankers' Acceptances and Letters of Credit available to the Foreign Borrowers) may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrowers or any of their Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrowers and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in (a) the rate of interest on the Notes and loan accounts (other than interest accruing pursuant to ss.5.11.2 ss.2.2(b) following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), any change in the regularly scheduled or otherwise required payment dates for any amounts owing under term of the Loan Documents to Notes, the amount of the Commitments of the Banks, any forgiveness and the amount of any commitment fee or Letter of Credit Fees hereunder may not be changed without the written consent of the Obligations, the waiver of an Event of Default under ss.13.1(a) or (b) hereof, the release of any security interest or lien as to CollateralBorrowers 82
Appears in 1 contract
Samples: Loan Agreement (Metallurg Inc)
CONSENTS, AMENDMENTS, WAIVERS, ETC. Any consent or approval required or permitted by this Credit Agreement to be given by the Banks (including, without limitation, an increase in the sublimit of Revolving Credit Loans, Bankers' Acceptances and Letters of Credit available to the Foreign Borrowers) may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrowers or any of their Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrowers and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Notes and loan accounts (other than interest accruing pursuant to ss.5.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), any change in the regularly scheduled or otherwise required payment dates for any amounts owing under the Loan Documents to the Banks, any forgiveness of any of the Obligations, the waiver of an Event of Default under ss.13.1(a) or (b) hereof, the release of any security interest or lien as to CollateralCollateral constituting all or substantially all of the Collateral (except if the release or disposition of such Collateral is permitted or provided for in the provisions of ss.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Holmes Group Inc)
CONSENTS, AMENDMENTS, WAIVERS, ETC. Any Except as otherwise expressly provided in this Credit Agreement, any consent or approval required or permitted by this Credit Agreement to be given by the Banks (including, without limitation, an increase in the sublimit of Revolving Credit Loans, Bankers' Acceptances and Letters of Credit available to the Foreign Borrowers) may be given, and any term of this Credit Agreement, the other Loan Documents Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrowers or any of their Subsidiaries Borrower of any terms of this Credit Agreement, the other Loan Documents Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrowers Borrower and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in (a)(i) the rate of interest on the Notes and loan accounts (other than interest accruing pursuant to ss.5.11.2 Section 6.10 hereof following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), any change in (ii) the regularly scheduled or otherwise required payment dates and amounts fixed for any amounts owing under payment of principal or interest or fees on the Loan Documents to Notes or Loans, (iii) the term of the Notes, (iv) the amount of the Commitments of the Banks, any forgiveness and (v) the amount of any commitment fees or Letter of Credit Fees hereunder, may not be changed without the written consent of the Obligations, Borrower and all of the waiver of an Event of Default under ss.13.1(a) or Banks; (b) hereof, the release of any security interest or lien as to Collateral)
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Emmis Broadcasting Corporation)