Effectiveness of Waivers. The foregoing waivers 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 Agreement and the Other Documents, except as specifically modified or waived by the terms hereof, (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 Agreement or the Other Documents, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any Other 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.
Effectiveness of Waivers. Nothing in this Article acknowledges the existence or validity of any claims that are being waived and released. The waivers referenced in this Article shall become effective on the Enforcement Date and are subject to the terms of the Settlement Act, including Sections 509(g) and (h) and 510.
Effectiveness of Waivers. The waivers contained in this Section 3 shall become effective as of the Effective Date.
Effectiveness of Waivers. The waivers provided for in Sections 3.2 through 3.6 shall cease to be effective, and at such time and at all times thereafter the Credit Documents shall apply in all respects without regard to such waivers, if (a) the Administrative Agent shall have received from the Insurance Consultant a report stating that the coverage set forth in Schedule 10.2 to the Credit Agreement has become “available on commercially reasonable terms” or (b) the Borrower shall have failed to deliver a report from the Insurance Consultant regarding the availability of such coverage (i) on each June 30 and December 31 after the Second Amendment Effective Date and (ii) on each other date on which the Administrative Agent may reasonably request such a report to be delivered.
Effectiveness of Waivers. The waivers specified in this Article III shall take effect on the date hereof and remain in effect until the earlier of:
Effectiveness of Waivers. The Waivers shall become effective on such date (the "EFFECTIVE DATE") as
Effectiveness of Waivers. The waivers contained in this Section ------------------------ 3 shall be effective until all the Old Preferred Shares outstanding have been converted or redeemed pursuant to the Old Certificate of Amendment.
Effectiveness of Waivers. Notwithstanding the foregoing, the waivers provided in Section 3.1 above shall terminate automatically without further action by Agent or any Lender in the event that the nature or extent of the Existing Defaults should prove to be in excess of the nature or extent as disclosed to Lenders prior to the date hereof.
Effectiveness of Waivers. Notwithstanding the above sections (a) through (c) of this Section 8, the provisions of this Amendment and Waiver set forth in Sections 2, 3(a) and 4 shall become effective with respect to the First Lien Notes, Second Lien Notes and/or Third Lien Notes to the extent and at the time (i) with respect to Sections 3(a) and 4, the signatures of the Required Holders under each respective Note Purchase Agreement are obtained and (ii) with respect to Sections 2 and 4, the signatures of the Holders of at least 75% of the aggregate Principal Amount of the outstanding Notes under each of the First Lien Purchase Agreement and the Second Lien Purchase Agreement are obtained, in each case without regard to the effectiveness of the remaining provisions of this Amendment and Waiver.
Effectiveness of Waivers. Notwithstanding anything to the contrary contained herein, the waivers and agreements set forth in this Article V shall be of no force or effect (other than the waiver set forth in Section 5.2) in the event this Agreement is terminated for any reason pursuant to Section 9.1 (other than pursuant to Section 9.1(b)(viii)) or in the event the Financing Transaction is consummated and the Closing does not occur as provided in Section 1.4.
