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 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 Credit Parties, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Documents, except as specifically modified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the 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 Credit Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. Borrowers acknowledge that there exists those certain Known Existing Defaults. Agent and the Lenders hereby waive enforcement of their respective rights against any Borrower or Guarantor arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of any Borrower or Guarantor to comply fully with the Credit Agreement (as amended hereby) or the terms of any Other Document. The foregoing is not an exhaustive list of the Sections of the Credit Agreement breached by the Known Existing Defaults and the failure to list any other applicable section shall not constitute a waiver of any future failure by any Borrower or Guarantor to comply with all sections of the Credit Agreement. This waiver shall be effective only to for the extent specifically set forth herein specific defaults comprising the Known Existing Defaults, and in no event shall not (a) be construed as a this 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 Credit Parties, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Documents, except as specifically modified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Documents, or (d) except as waived hereby, be deemed or construed to be a waiver of enforcement of any of Agent's or release ofany Lender's rights with respect to any other Defaults or Events of Default now existing or hereafter arising, whether known or unknown. Nothing contained in this Amendment or any communications between any Borrower or Guarantor, on the one hand, and Agent or any Lender, on the other hand, shall be a limitation upon, the Administrative Agent’s or the Lenders’ exercise waiver of any rights or remedies Agent or any Lender has or may have against any Borrower or Guarantor, except as specifically provided herein. Except as specifically provided herein, each of Agent and each Lender hereby reserves and preserves all of its rights and remedies against the Loan Parties under the Credit Agreement or any other Credit Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reservedthe Other Documents.

Effectiveness of Waiver. This waiver applies only to the Specified Defaults and shall be effective only to the extent specifically set forth herein 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 Credit PartiesFD Test for the periods set forth above, (bc) affect the right of the Lenders Bank to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement and all documents executed in connection therewith (collectively with the Agreement, the “Loan Documents, ”) except as specifically modified or waived by this Amendment, (cd) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ Bank’s consent or approval under the Credit 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 Credit Loan Document, whether arising as a consequence of any Default default or Event event of Default (other than an Acknowledged Event of Default) 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 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 Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Loan Documents, except as specifically modified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) 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 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 Credit Parties, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Documents, except as specifically modified or waived by this Amendmentwaiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the 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 Credit Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) 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 Waiver shall be effective only to the extent specifically set forth herein 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 Credit Loan Parties, (b) affect the right of the Lenders to demand compliance by the Credit Loan Parties with all terms and conditions of the Credit Loan Documents, except as specifically modified or waived by this AmendmentWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged the Additional Applicable Event of Default) 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 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 Credit 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 Credit Loan Parties with all terms and conditions of the Credit Loan Documents, except as specifically modified or waived by this Third Amendment, (cd) be deemed a waiver of any transaction or future action on the part of the Credit Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit DocumentsLoan Documents 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged a Specified Event of 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 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 Credit Loan Parties, (b) affect the right of the Lenders to demand compliance by the Credit Loan Parties with all terms and conditions of the Credit Loan Documents, except as specifically modified or waived by this AmendmentWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event with respect to the Defaults or Events of DefaultDefault 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 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 Credit Loan Parties, (b) affect the right of the Lenders to demand compliance by the Credit Loan Parties with all terms and conditions of the Credit Loan Documents, except as specifically modified or waived by this AmendmentWaiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged the Applicable Event of Default) 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.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein 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 Credit Parties, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Documents, except as specifically modified or waived by this Amendmentwaiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the 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 Credit Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) 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 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 by the Credit PartiesAgreement and/or the other Loan Documents, except as modified or waived by this Agreement, (bii) affect the right of the Lenders to demand compliance by the Credit 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 AmendmentAgreement, (ciii) be deemed a consent to or waiver of any transaction or future action on the part of the Credit 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 Credit Loan Document, whether arising as a consequence of any Default or Event of Default (other than an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.