Common use of Effectiveness of Waiver Clause in Contracts

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a consent to or waiver of any breach, Default or Event of Default other than as specifically waived consented to herein nor as a waiver of consent to any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Credit Parties, (b) affect the right of the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan DocumentsCredit Parties, except as specifically modified or waived by this waiverconsented to herein, (c) be deemed a waiver of consent to any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Credit Documents, except as specifically set forth herein or (d) except as waived herebyset forth herein, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverAmendment, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This The waiver set forth in this Agreement shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (ai) be construed as a consent to or waiver of any breach, Default other provision of the Credit Agreement or Event of Default other than as specifically waived herein nor as a consent to or waiver of any breach, Default or Event of Default of which the Lenders have not been informed Credit Agreement and/or the other Loan Documents, except as modified or waived by the Loan Partiesthis Agreement, (bii) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Credit Agreement and/or the other Loan Documents, except as specifically modified or waived by this waiverAgreement, (ciii) be deemed a consent to or waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement and/or the other Loan Documents, or (div) except as waived herebyhereunder, be deemed or construed to be a consent, waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events Additional Applicable Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. For the avoidance of doubt, the Required Lenders reserve all rights in respect of any Event of Default that may occur under Section 8.01(e) of the Credit Agreement in respect of the Additional Delayed Filing and nothing in this Waiver shall be construed as a waiver of any rights or remedies under the Credit Agreement or any other Loan Document arising as a consequence of any such Event of Default.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Credit Parties, (b) affect the right of the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this waiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Credit Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events an Acknowledged Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is not a Specified Event of which the Lenders have not been informed by the Loan PartiesDefault, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverThird Amendment, (cd) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan DocumentsDocuments of the Lenders, the Required Lenders or the Required Revolving Lenders, or (de) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events a Specified Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein the Potential Defaults nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived herebyPotential Defaults) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Credit Parties, (b) affect the right of the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this waiverAmendment, (c) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Credit Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events an Acknowledged Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Amendment shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Loan Parties Borrower with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverAmendment, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events an Acknowledged Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Credit Parties, (b) affect the right of the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this waiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Credit Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events an Acknowledged Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. Upon the expiration or termination of the Waiver Effective Period, the Acknowledged Event of Default shall be reinstated and constitute an Event of Default and the Lenders shall be immediately entitled to exercise any or all of their rights and remedies arising in respect thereof.

Effectiveness of Waiver. This waiver applies only to the Specified Defaults and shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default default or Event event of Default default other than as specifically waived herein nor the Specified Defaults, (b) be construed as a waiver of any breach, Default or Event of Default of which covenant testing other than the Lenders have not been informed by FCCR Test and the Loan PartiesFD Test for the periods set forth above, (bc) affect the right of the Lenders Bank to demand compliance by the Loan Parties Borrower with all terms and conditions of the Agreement and all documents executed in connection therewith (collectively with the Agreement, the “Loan Documents, ”) except as specifically modified or waived by this waiverAmendment, (cd) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Lenders’ or the Required Lenders’ Bank’s consent or approval under the Agreement or Loan Documents, or (de) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative AgentBank’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default default or Event event of Default (other than with respect to the Defaults or Events of Default waived hereby) default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. All terms and conditions of the Agreement and the other Loan Documents remain unchanged.

Effectiveness of Waiver. This waiver Amendment shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Loan Parties Borrower with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverAmendment, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events of Default waived herebya Known Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default of which the Lenders have not been informed by the Loan Parties, (b) affect the right of the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this waiverWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than with respect to the Defaults or Events Applicable Event of Default waived herebyDefault) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. For the avoidance of doubt, the Required Lenders reserve all rights in respect of any Event of Default that may occur under Section 8.01(e) of the Credit Agreement in respect of the Delayed Filing and nothing in this Waiver shall be construed as a waiver of any rights or remedies under the Credit Agreement or any other Loan Document arising as a consequence of any such Event of Default.