Consents and Waiver. No delay by any party in exercising any right under, or in taking any action to enforce any right under, this Agreement will operate as a waiver of any such right or in any manner affect the rights of any party thereunder. No consent by any party under this Agreement or waiver by any party of any representation, warranty, or other term or condition of this Agreement will be effective unless made in writing. Any such waiver will not be construed as a waiver of any other representation, warranty, or other term and condition of this Agreement. Failure by any party to insist upon strict conformance with or strict conformance of, any representation, warranty, or other term or condition in this Agreement in any one or more instances will not be a waiver by any party of his right to insist and enforce thereafter strict conformance with, and strict conformance of, (i) such representation, warranty, or other term or condition or (ii) any other representation, warranty or other term or condition in this Agreement.
Consents and Waiver. Notwithstanding any provision in the Original NPAs to the contrary, the Purchasers consent to (a) the amendments to the Financing Agreements set forth as Exhibits G-1 and I-1 to the Original NPAs and Exhibits A, B and C hereto (b) the consummation of the Designated Sale-Leaseback Transaction and (c) the release of collateral by the Collateral Agent to the extent subject to the Designated Sale-Leaseback Transaction. Notwithstanding any provision in the Original NPAs to the contrary, the Purchasers hereby confirm that the Make-Whole Amount (as defined in the Intercreditor Agreement) due with respect to the Designated Sale-Leaseback Transaction shall be the Make-Whole Original Amount (as defined in the Intercreditor Agreement) and the Purchasers hereby waive any rights to any Make-Whole Delta Obligations (as defined in the Intercreditor Agreement) in connection with prepayments required in connection with the Designated Sale-Leaseback Transaction. * * * * * If you are in agreement with the foregoing, please sign this Amendment and return it to the Company, whereupon the foregoing shall become a binding agreement between you and the Company. Very truly yours, TRUSERV CORPORATION By: /s/ XXXXX XXXXXXXX --------------------------------- Name: Xxxxx Xxxxxxxx Title: Senior Vice President The foregoing Amendment is hereby accepted as of the date first above written. ALLSTATE INSURANCE COMPANY By: /s/ XXXXXX XXXXXX --------------------------------- Name: Xxxxxx Xxxxxx Title: Senior Portfolio Manager By: /s/ XXXXXX XXXXXX --------------------------------- Name: Xxxxxx Xxxxxx Title: Managing Director * * * * * If you are in agreement with the foregoing, please sign this Amendment and return it to the Company, whereupon the foregoing shall become a binding agreement between you and the Company. Very truly yours, TRUSERV CORPORATION By: /s/ XXXXX XXXXXXXX --------------------------------- Name: Xxxxx Xxxxxxxx Title: Senior Vice President The foregoing Amendment is hereby accepted as of the date first above written. ALLSTATE LIFE INSURANCE COMPANY By: /s/ XXXXXX XXXXXX --------------------------------- Name: Xxxxxx Xxxxxx Title: Senior Portfolio Manager By: /s/ XXXXXX XXXXXX --------------------------------- Name: Xxxxxx Xxxxxx Title: Managing Director * * * * * If you are in agreement with the foregoing, please sign this Amendment and return it to the Company, whereupon the foregoing shall become a binding agreement between you and the Company. Very truly yours, TRUSERV...
Consents and Waiver. On the terms and subject to the conditions --------------------- contained herein, the Lender hereby (i) consents to the Transactions and waives any violations of the Loan Agreement that would otherwise apply, including the covenants contained in Sections 9.1, 9.3 and 9.4 and the use of proceeds to fund ------------------------- a portion of the purchase price of the Acquisitions and (ii) approves the creation of KSPS and KSR as subsidiaries of KMS. Lender hereby reserves all rights of the Lender with respect to any future transactions, whether similar in nature or type to the Transactions. Borrowers hereby agree strictly to adhere to the terms and conditions contained in the Loan Agreement.
Consents and Waiver. A. The undersigned Lenders (constituting Required Lenders) hereby consent to all of the following actions by the Borrower:
Consents and Waiver. The Lenders a party hereto hereby:
Consents and Waiver. (a) Notwithstanding any conflicting provision of the Credit Agreement or the Mezzanine Subordination Agreement, the Administrative Agent and the Lenders party hereto each consent to the prepayment in full by the Borrower of the Mezzanine Notes, including, without limitation, all principal, interest and prepayment premiums; provided, that such consent shall be effective only so long as no Default or Event of Default that has not been waived, shall have occurred and be continuing on the date of any such prepayment.
Consents and Waiver. (a) Pursuant to the LOI, MDA shall pay to the Borrower a sum of $10,000,000 upon the execution of the LOI and the amendment to the existing Pricing and Pre-Purchase Agreement dated as of January 27, 2022 (the “Pre-Purchase Agreement”) between SatixFy Space Systems UK, Ltd. and XxxXxxxxx, Xxxxxxxxx and Associates Corporation (“MDA Montreal”), upon the terms set forth in the LOI and in such amendment (the “Advance Payment”). Upon the execution of the LOI and this Amendment, the Administrative Agent and the Lenders agree that the Advance Payment and any other Pre-Purchase Amounts (as defined in the LOI) shall not be required to prepay the Term Loans. Upon the consummation of the MDA Sale Transactions, the Administrative Agent and the Lenders agree that the Purchase Price (as defined in the LOI) shall not be required to prepay the Term Loans.
Consents and Waiver. 1. The Lenders hereby acknowledge that all of the consents, waivers and authorizations granted by Section III of the Credit Agreement Fourth Amendment constitute changes to or waivers of, the provisions contained in Sections 3, 5, 6 and/or 7 of the Credit Agreement and thus are binding on all Lenders as provided in Section 9.02(d) of the IRL Agreement and the Lenders hereby grant all authorizations set forth in said Section.
Consents and Waiver. (a) Subject to the conditions set forth herein (including the occurrence of the conditions in Section 4 of this Amendment), the Lenders hereby approve of the Definitive Agreements (as defined in the LOI), and the execution and delivery of this Amendment shall evidence the written approval of the Definitive Agreements by the Lenders to the Administrative Agent.
Consents and Waiver. On the terms and subject to the conditions ------------------- contained herein, the Lender hereby (i) approves the dissolution of KEXP and KFSO, (ii) consents to the Transactions and waives applicable restrictions contained in Sections 8.2, 9.3, 9.4, 9.7, 9.13, and 11.9 of the Loan Agreement solely for the Transactions, and (iii) reserves all rights of the Lender with respect to any future transactions, whether similar in nature or type to the Transactions, including any future or other redemption, debt incurrence or other non-compliance by Borrowers with the provisions of the Loan Agreement, as amended hereby. Borrowers hereby agree strictly to adhere to the terms and conditions contained in the Loan Agreement, including without limitation Sections 8.2, 9.3, 9.4, 9.7, 9.13 and 11.9 thereof.
