Credit Agreement Waiver. The Company shall have obtained a waiver of any provisions of the Credit Agreement prohibiting or otherwise restricting the ability of the Company to enter into and perform its obligations under this Agreement or any other Transaction Document.
Credit Agreement Waiver. The Company shall have delivered to the Purchasers, in form and substance reasonably satisfactory to the Purchasers, a waiver of any provisions of the Credit Agreement prohibiting or otherwise restricting the ability of the Company to enter into and perform its obligations under this Agreement or any other Transaction Document.
Credit Agreement Waiver. No consideration or remuneration has been paid or will be paid to any agent or any lender under the Credit Agreement as an inducement to enter into the Credit Agreement Waiver other than the work fee described in the Credit Agreement Waiver.
Credit Agreement Waiver. The Holders shall have received a fully executed copy of a Waiver and Amendment No. 7 to Credit Agreement containing waivers, until September 30, 2016 or later, of the requirements that the Company comply with Sections 6.21(a) and (b) of the Credit Agreement for each of the Specified Quarters and otherwise in form and substance satisfactory to the Required Holders party hereto (the “Credit Agreement Waiver”), and the Credit Agreement Waiver shall have been duly executed and delivered by the Company, U.S. Bank National Association, as administrative agent, and the Lenders (as defined in the Credit Agreement).
Credit Agreement Waiver. The Company has obtained an executed extension through July 15, 2020 of the Credit Agreement Waiver on terms acceptable to the Supporting Holders.
Credit Agreement Waiver. The Company and Xxxxx Fargo Capital Finance, LLC have entered into a Waiver and Forbearance Agreement (the “Credit Agreement Waiver”) substantially in the form attached as Exhibit C hereto. The Credit Agreement Waiver is in full force and effect and is a valid and binding agreement enforceable against the Company and Xxxxx Fargo Capital Finance, LLC in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium and other similar applicable Law affecting creditors’ rights generally and by general principles of equity.
Credit Agreement Waiver. On the Closing Date, the Credit Agreement Waiver will have been delivered and will be in full force and effect. Any certificate signed by an officer of the Company and delivered to the Representative or to counsel for the Initial Purchasers shall be deemed to be a representation and warranty by the Company to each Initial Purchaser as to the matters set forth therein.
Credit Agreement Waiver. The Credit Agreement Waiver shall have been delivered and shall be in full force and effect.
Credit Agreement Waiver. The obligations of the Investors to consummate the transactions contemplated by this Agreement is subject to receipt by the Company on or prior to consummation of the 2021 IPO of a valid waiver and consent to the transactions contemplated by this Agreement to the extent required under that certain ABL Credit Agreement (the “ABL Credit Agreement”), dated as of May 12, 2021, by and among the Company, certain subsidiaries of the Company, Bank of America, N.A., and the other parties thereto, delivered by the Requisite Lenders (as defined therein) (the “Waiver and Consent”). The Company shall use its reasonable best efforts to obtain the Waiver and Consent prior to consummation of the 2021 IPO.
