Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and (b) The Companies shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 have in fact done so.
Appears in 3 contracts
Samples: Credit Agreement, Senior Secured Credit Agreement (Homebanc Corp), Senior Secured Credit Agreement (Homebanc Corp)
Cure or Waiver. If:
(a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and
(b) The Companies Company shall request in writing that the Agent declare such Event of Default to have been cured or waived, waived whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies Company and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 SECTIONS 13.2 or 13.3(E) -- i.e., either all Lenders or the Majority Lenders -- have in fact done so.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Long Beach Financial Corp)
Cure or Waiver. If:
(a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and
(b) The Companies Company shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies Company and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 13.3 have in fact done so.
Appears in 1 contract
Cure or Waiver. If:
(a) an Event of Default shall occur but subsequently the required number of Required Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and
(b) The Companies Company shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies Company and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 13.3 have in fact done so.
Appears in 1 contract
Cure or Waiver. If:
(a) an Event of Default shall occur but subsequently the required number of Required Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and
(b) The Companies Company shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies Company and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 SECTION 13.3 have in fact done so.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Sunset Financial Resources Inc)