Common use of Default Waiver Clause in Contracts

Default Waiver. Borrower hereby acknowledges and agrees that Borrower breached the Fixed Charge Coverage Ratio covenant contained in Section 6.4(a) of the Credit Agreement as of June 30, 2007 (the “Existing Default”). Borrower hereby represents and warrants to the Agent and the Lenders that no Unmatured Event of Default or Event of Default exists as of the date of this Sixth Amendment, other than the Existing Default. Lenders and the Agent hereby waive the Existing Default; provided that such waiver shall not be or be deemed to be a waiver of any other Events of Default, whether now existing or hereafter arising or occurring, including, without limitation, any other Events of Default arising under Section 6.4(a) of the Credit Agreement after the date hereof.

Default Waiver. Borrower hereby acknowledges and agrees that Borrower breached failed to deliver its 2005 year-end audited financial statements on or before 120 days after the Fixed Charge Coverage Ratio covenant contained in end of Borrower’s 2005 fiscal year as required pursuant to Section 6.4(a6.2(b) of the Credit Agreement as of June 30, 2007 (the “Existing Default”). Borrower hereby represents and warrants to the Agent and the Lenders Bank that no Unmatured Event of Default or Event of Default exists as of the date of this Sixth Fourth Amendment, other than the Existing Default. Lenders and the Agent hereby waive the Existing Default; provided that such waiver shall not be or be deemed to be a waiver of any other Events of Default, whether now existing or hereafter arising or occurring, including, without limitation, any other Events of Default arising under Section 6.4(a6.2(b) of the Credit Agreement after the date hereof.

Default Waiver. Borrower hereby acknowledges and agrees that Borrower breached the Fixed Charge Coverage Ratio covenant contained in Section 6.4(a) of the Credit Agreement as of June December 30, 2007 2006 (the “Existing Default”). Borrower hereby represents and warrants to the Agent and the Lenders that no Unmatured Event of Default or Event of Default exists as of the date of this Sixth Fifth Amendment, other than the Existing Default. Lenders and the Agent hereby waive the Existing Default; provided that such waiver shall not be or be deemed to be a waiver of any other Events of Default, whether now existing or hereafter arising or occurring, including, without limitation, any other Events of Default arising under Section 6.4(a) of the Credit Agreement after the date hereof.

Default Waiver. Borrower hereby acknowledges and agrees that Borrower breached the Fixed Charge Coverage Ratio covenant contained in Section 6.4(a) of the Credit Agreement as of June 30September 29, 2007 (the “Existing Default”). Borrower hereby represents and warrants to the Agent and the Lenders that no Unmatured Event of Default or Event of Default exists as of the date of this Sixth Seventh Amendment, other than the Existing Default. Lenders and the Agent hereby waive the Existing Default; provided that such waiver shall not be or be deemed to be a waiver of any other Events of Default, whether now existing or hereafter arising or occurring, including, without limitation, any other Events of Default arising under Section 6.4(a) of the Credit Agreement after the date hereof.