Extension of Waiver Sample Clauses

Extension of Waiver. On the Fourth Amendment Effective Date, the Agents and the Required Lenders hereby extend the waiver set forth in Section 2 of Amendment No. 3 until the earliest of (i) 11:59 pm New York time on June 15, 2018, (ii) the occurrence of any Event of Default (other than the Subject Defaults or an Event of Default solely arising from the Subject Defaults) or (iii) the commencement of a bankruptcy or insolvency proceeding by or against WCC.
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Extension of Waiver. Subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, and effective as of the Effective Date, the Required Lenders hereby agree to waive, for the period from April 3, 1999 through August 13, 1999, any Default or Event of Default existing or occurring under the Credit Agreement by reason of the Consolidated Companies' failure to maintain, as of the last day of the Fiscal Quarters of Parent ending April 3, 1999 and July 3, 1999, respectively, the minimum Fixed Charge Coverage Ratio as required by Section 7.09(a) of the Credit Agreement, the minimum Interest Coverage Ratio as required by Section 7.09(b) of the Credit Agreement, and the maximum Adjusted Funded Debt Coverage Ratio as required by Section 7.09(c) of the Credit Agreement; provided, however, that the foregoing waiver shall be limited in all respects solely to such period of time, and the requirements to maintain the minimum Fixed Charge Coverage Ratio, the minimum Interest Coverage Ratio, and maximum Adjusted Funded Debt Coverage Ratio as set forth in Section 7.09(a), (b) and (c), shall be and remain in full force and effect upon the expiration of the foregoing waiver.
Sample 1
Extension of Waiver. Pursuant to a letter agreement (the "Letter Agreement") dated October 6, 1995, among the Company, the Agent and the Lenders, the Agent agreed not to record the Minnesota Mortgage (as defined in the Letter Agreement) until the earlier of March 31, 1996 and the occurrence of an Event of Default. The Company has requested that the parties hereto extend such date to the earlier of May 31, 1996 and the occurrence of an Event of Default. The Lenders and the Agent hereby agree to such extension and, as a consequence, the Agent will not record the Minnesota Mortgage until the earlier of May 31, 1996 and the occurrence of an Event of Default. The parties hereto acknowledge that, other than as set forth herein, the Letter Agreement shall remain in full force and effect and is hereby ratified and confirmed in all respects, including, without limitation, the obligations of the Company with respect to the Minnesota Property set forth in the third paragraph thereof.
Sample 1
Extension of Waiver. Pursuant to Section 6.01(b) of the Credit Agreement the Borrower is required to deliver to the Administrative Agent the financial statements described therein within 45 days after the end of each of the first three fiscal quarters of each fiscal year of the Borrower. The Borrower failed to deliver the financial statements described therein for the fiscal quarter ended June 30, 2008 by the date required for delivery. The Required Lenders hereby waive:
Sample 1
Extension of Waiver. Prior to May 31, 2001, HGHC will obtain an extension of the existing waiver under HGHC's current Credit Facility referenced in item 3 of Schedule 2.02 to a date not earlier than July 31, 2001 which extension shall be in form and substance reasonably acceptable to Parent, it being agreed that an extension of the existing waiver in its present form (other than with respect to the May 31, 2001 date referenced therein) shall be acceptable.
Sample 1
Extension of Waiver. The Company and the Purchaser agree that the Default Waiver Term, as defined in Section 1 of the Waiver Letter, shall be extended so that the Default Waiver Term shall terminate at 5:00 p.m. C.S.T. on April 30, 2000.
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Related to Extension of Waiver

  • Extension; Waiver At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party.

  • Limitation of Waiver Without limiting the generality of the provisions of subsection 10.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and shall relate solely to Company's non-compliance with the provisions of subsection 7.6 of the Credit Agreement in the manner and to the extent described above, and nothing in this Amendment shall be deemed to:

  • Extension of Agreement No renewal or extension of the Agreement, no release or surrender of any Collateral given as security in connection therewith, and no delay in enforcement thereof or in exercising any right or power with respect thereto or hereunder shall affect the rights of the MSO with respect to the Collateral or any part thereof.

  • Effect of Waiver No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.

  • Extension of Time; Waiver At any time prior to the Effective Time, the parties may, by action taken or authorized by their respective Boards of Directors, to the extent permitted by applicable Law, (a) extend the time for the performance of any of the obligations or acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties set forth in this Agreement or any document delivered pursuant hereto or (c) subject to applicable Law, waive compliance with any of the agreements or conditions of the other parties contained herein; provided, however, that after the Company Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the Stockholders without such further approval or adoption. Any agreement on the part of a party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such party. No failure or delay of any party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder.

  • Xx Waiver Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 11 at law, in equity, by statute or otherwise.

  • Effect of Waivers of Default Any consent or permission by Landlord to any act or omission which otherwise would be a breach of any covenant or condition herein, shall not in any way be held or construed (unless expressly so declared) to operate so as to impair the continuing obligation of any covenant or condition herein, or otherwise, except as to the specific instance, operate to permit similar acts or omissions.

  • Extension of the Term The Term may be extended at the option of NAI for up to two successive periods of five years each; provided, however, that prior to each such extension the following conditions must have been satisfied: (A) NAI must have delivered a notice of its election to exercise the option at least one hundred eighty days prior to the end of the Term, and prior to the commencement of any such extension BNPPLC and NAI must have agreed in writing upon, and received the written consent and approval of BNPPLC’s Parent and all Participants (other than Participants being replaced at the request of NAI as provided in Paragraph 6) to, (1) a corresponding extension of the date specified in clause (1) of the definition of Designated Sale Date in the Common Definitions and Provisions Agreement and of the term of the Ground Lease, and (2) an adjustment to the Rent that NAI will be required to pay during the extension, it being expected that the Rent for the extension may be different than the Rent required for the original Term or any prior extension, and it being understood that the Rent for any extension must in all events be satisfactory to both BNPPLC and NAI, each in its sole and absolute discretion; (B) at the time of NAI’s exercise of its option to extend, no Event of Default has occurred and is continuing, and no Event of Default will result from the extension; (C) immediately prior to any such extension, this Lease must then remain in effect; and (D) if this Lease has been assigned by NAI, then NAI must have executed a guaranty (or confirmed an existing guaranty, if applicable), guaranteeing NAI’s assignee’s obligations under the Operative Documents throughout such extended Term. With respect to the condition that BNPPLC and NAI must have agreed upon the Rent required for any extension of the Term, neither NAI nor BNPPLC is willing to submit itself to a risk of liability or loss of rights hereunder for being judged unreasonable. Similarly, neither BNPPLC’s Parent nor any Participant is expected to submit itself to a risk of liability or loss of rights for being judged to have unreasonably withheld consent or approval to any extension of the Term. Accordingly, NAI, BNPPLC, BNPPLC’s Parent and Participants will each have sole and absolute discretion in making its determination, and both NAI and BNPPLC hereby disclaim any obligation express or implied to be reasonable in negotiating the Rent for any such extension. Subject to the changes to the Rent and satisfaction of the other conditions listed in this subparagraph, if NAI exercises its option to extend the Term as provided in this subparagraph, this Lease will continue in full force and effect, and the leasehold estate hereby granted to NAI will continue without interruption and without any loss of priority over other interests in or claims against the Property that may be created or arise after the Effective Date and before the extension.

  • No Waiver; Amendment (a) No failure on the part of the Collateral Agent or any Guarantor to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy by the Collateral Agent or any Guarantor preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law. None of the Collateral Agent and the Guarantors shall be deemed to have waived any rights hereunder unless such waiver shall be in writing and signed by such parties.

  • Extension of the Expiry Date; Non-Extension Advance No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d) of the Intercreditor Agreement.

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