Forbearance and Reservation of Rights Sample Clauses

Forbearance and Reservation of Rights. In connection with the Forbearance Defaults, the Borrower has requested that the Agent and the Banks forbear temporarily in the exercise of their respective rights and remedies under the Credit Agreement and other Loan Documents in respect of the Events of Default that have occurred solely as a result of the occurrence of the Forbearance Defaults until that date (as so extended and as may be further extended from time to time by the Agent and Majority Banks in their sole and absolute discretion, the "Forbearance Maturity Date") which is the earliest to occur of: (a) February 28, 2001; (b) the occurrence of any Event of Default other than the Forbearance Defaults; (c) any Event of Default (as such term is defined in the Subordinated Note Indentures (as defined below)) that shall have occurred under the Indenture dated as of March 24, 1997, as amended or supplemented from time to time, or the Indenture dated as of June 18, 1998, as amended or supplemented from time to time, each, by and among the Borrower, the subsidiaries acting as Guarantors thereto, and The Bank of New York, as Trustee (collectively, the "Subordinated Note Indentures"); provided, however, that the Event of Defaults as defined in the Subordinated Note Indentures solely in respect of the Borrower's failure to make the interest payments due on October 1, 2000 pursuant to Sections 2.1 and 2.4 of the Subordinated Note Indentures (collectively, the "October Noteholder Payment Defaults") shall not trigger the Forbearance Maturity Date unless any holder of the notes that are subject of the Subordinated Note Indentures, or such Person's representative, exercises any right or remedy in respect of the October Noteholder Payment Defaults; (d) any material provision of the docHarbor Pledge Agreement and/or the docHarbor Security Agreement (each, as defined below) shall for any reason cease to be valid and binding on the Borrower or any Credit Party or any holder of the notes that are the subject of the Subordinated Note Indentures, or such Person's representatives, shall so state in writing; (e) failure to comply with any part of paragraph 4(b) below; (f) failure to remit the proceeds from asset sales as set forth in paragraph 3(c) below; or (g) the breach of any of the further conditions or agreements provided in this Agreement, it being agreed that the breach of any such further condition or agreement shall at the option of Majority Banks by notice in writing from the Agent (unless the Agent is proh...
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Forbearance and Reservation of Rights. The Administrative Agent, the Documentation Agent and the Lenders hereby advise the Borrower that, except as set forth in Section 5 hereof, the Administrative Agent, the Documentation Agent and the Lenders do not waive any Default or Event of Default which may exist and that the current non-exercise of rights, remedies, powers and privileges by the Administrative Agent, the Documentation Agent or the Lenders under the Loan Documents and applicable law with respect to such Defaults or Events of Default, if any, shall not be, and shall not be construed as, a waiver thereof, and each of the Administrative Agent, the Documentation Agent and the Lenders reserves its rights (i) fully to invoke any and all such rights, remedies, powers and privileges under the Loan Documents and applicable law at any time the Administrative Agent, the Documentation Agent and the Lenders deem appropriate in respect of any Defaults or Events of Default that may exist, (ii) to refuse to make available any further extensions of credit except in strict accordance with the terms of the Loan Documents and (iii) to require that all Loans bear interest at the rates specified in the Loan Agreement. Nothing in this Amendment, and no extension of credit made by any Lender on or after the date of any such Event of Default (whether prior to or after the date of this Amendment) shall be construed as an acknowledgment or determination by the Administrative Agent, the Documentation Agent or any Lender that no Default or Event of Default has occurred or is continuing or that such Defaults or Events of Default have been waived.
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Forbearance and Reservation of Rights 
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Related to Forbearance and Reservation of Rights

  • Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.

  • Amendment of Rights The terms of the Rights generally may be amended by the Board of Directors of the Company without the consent of the holders of the Rights, except that from and after such time as the Rights are distributed no such amendment may adversely affect the interests of the holders of the Rights (excluding the interest of any Acquiring Person).

  • Preservation of Rights No delay or omission of the Lenders or the Administrative Agent to exercise any right under the Loan Documents shall impair such right or be construed to be a waiver of any Default or an acquiescence therein, and the making of a Loan notwithstanding the existence of a Default or the inability of the Borrower to satisfy the conditions precedent to such Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Loan Documents whatsoever shall be valid unless in writing signed by the Lenders required pursuant to Section 8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Lenders until the Obligations have been paid in full.

  • Modification of Rights The rights of the Optionee are subject to modification and termination in certain events as provided in this Option Agreement and the Plan.

  • Amendment of Terms of Rights The terms of the Rights and the Rights Agreement may be amended in any respect without the consent of the Rights holders on or prior to the Distribution Date; thereafter, the terms of the Rights and the Rights Agreement may be amended without the consent of the Rights holders in order to cure any ambiguities or to make changes which do not adversely affect the interests of Rights holders (other than the Acquiring Person).

  • Reservations of Rights This Release shall not affect any rights which Executive may have under any medical insurance, disability plan, workers' compensation, unemployment compensation, indemnifications, applicable company stock incentive plan(s), or the 401(k) plan maintained by the Company.

  • RESERVATION OF RIGHTS AND OWNERSHIP PFU or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is protected by copyright and other intellectual property laws and treaties. Except as expressly stated herein, this XXXX does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by PFU and its suppliers.

  • Reservation of Right to Hold In some cases, we will not make all of the funds that you deposit by check available to you on the same business day that we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $225 of your deposit will be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

  • STATEMENT OF RIGHTS 4.1. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. The Contractor may be asked to give a verbal presentation of its proposal after submission. Failure of Contractor to respond to a request for additional information or clarification could result in rejection of the Contractor’s proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State.

  • Nonwaiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party.

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