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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Borrower, (b) affect the right of the Lenders to demand compliance by the Borrower with all terms and conditions of the Credit Agreement, 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 Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, 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 Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 2 contracts
Samples: Credit Agreement and Waiver (Bradley Pharmaceuticals Inc), Credit Agreement and Waiver (Hewitt Associates Inc)
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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the BorrowerCredit Parties, (b) affect the right of the Lenders to demand compliance by the Borrower Credit Parties with all terms and conditions of the Credit Agreement, except as specifically modified or waived by this Waiverconsented to pursuant to the terms hereof, (c) be deemed a waiver of any transaction or future action on the part of the Borrower Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 2 contracts
Samples: Waiver (Nci Building Systems Inc), Waiver (Nci Building Systems Inc)
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 or default other than as specifically waived herein action by the Borrowers nor as a waiver of any breach or default of which the Lenders have not been informed by the BorrowerBorrowers, (b) affect the right of the Lenders to demand compliance by the Borrower Borrowers with all terms and conditions of the Credit Agreement, 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 Borrower Borrowers requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the any Administrative Agent’s, Collateral 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 Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the BorrowerBorrowers, (b) affect the right of the Lenders to demand compliance by the Borrower Borrowers with all terms and conditions of the Credit Agreement, 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 Borrower Borrowers requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, 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 Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract
Samples: Credit Agreement and Waiver (Alliance One International, Inc.)
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 breach, Default or default Event of Default other than as specifically waived herein nor as a waiver of any breach breach, Default or default Event of Default of which the Lenders have not been informed by the BorrowerLoan Parties, (b) affect the right of the Lenders to demand compliance by the Borrower Loan Parties with all terms and conditions of the Credit AgreementLoan 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 Borrower Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit AgreementLoan 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 which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract
Samples: Credit Agreement (Ixia)
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 breach, Default or default Event of Default other than as specifically waived herein nor as a waiver of any breach breach, Default or default Event of Default of which the Lenders have not been informed by the Borrower, (b) affect the right of the Lenders to demand compliance by the Borrower with all terms and conditions of the Credit AgreementLoan 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 Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit AgreementLoan 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 a Known Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract
Samples: Credit Agreement (Tortoise Midstream Energy Fund, Inc.)
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 breach, Default or default Event of Default other than as specifically waived herein the Potential Defaults nor as a waiver of any breach breach, Default or default Event of Default of which the Lenders have not been informed by the BorrowerLoan Parties, (b) affect the right of the Lenders to demand compliance by the Borrower Loan Parties with all terms and conditions of the Credit AgreementLoan 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 Borrower Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit AgreementLoan 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 with respect to the Potential Defaults) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract
Samples: Credit Agreement and Limited Waiver Agreement (Ferroglobe PLC)
Effectiveness of Waiver. This Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a consent to or waiver of any breach breach, Default or default Event of Default other than as specifically waived consented to herein nor as a waiver consent to any breach, Default or Event of any breach or default Default of which the Lenders have not been informed by the BorrowerCredit Parties, (b) affect the right of the Lenders to demand compliance by the Borrower Credit Parties with all terms and conditions of the Credit AgreementParties, 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 Borrower Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit AgreementDocuments, 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 Credit Document, whether arising as a consequence of any Default or Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Appears in 1 contract