Forbearance, etc Sample Clauses

Forbearance, etc. (a) The Borrower acknowledges and agrees that a Default has occurred and is continuing as a result of the Borrower’s failure to comply with (i) Section 8.4(a) of the Credit Agreement as of the date hereof and (ii) Section 8.4(b) of the Credit Agreement as of each of (w) September 30, 2016, (x) December 31, 2016, (y) March 31, 2017 and (z) June 30, 2017 (such Defaults being herein referred to as the “Specified Defaults”). The Lender hereby agrees that, with respect to the Specified Defaults (but only the Specified Defaults), it will refrain and forebear from exercising or pursuing any rights or remedies under the Credit Agreement or otherwise (including imposing a default rate of interest in respect of the Specified Defaults pursuant to Section 3.6 of the Credit Agreement) or any other Loan Document until (but only until) the Termination Date. Any term or provision hereof to the contrary notwithstanding, the Lender is not waiving any of its rights or remedies with respect to the Specified Defaults or any other Default, but instead is simply agreeing not to take remedial action with respect to the Specified Defaults until the Termination Date.
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Forbearance, etc. (a) The Borrower acknowledges and agrees that it was in Default of Section 8.4(b) of the Credit Agreement as of both September 30, 2016 and December 31, 2016 (such Defaults being herein referred to as the “Specified Defaults”). The Lender hereby agrees that, with respect to the Specified Defaults (but only the Specified Defaults), it will refrain and forebear from exercising or pursuing any rights or remedies under the Credit Agreement or otherwise (including imposing a default rate of interest in respect of the Specified Defaults pursuant to Section 3.6 of the Credit Agreement) or any other Loan Document until (but only until) the Termination Date. Any term or provision hereof to the contrary notwithstanding, the Lender is not waiving any of its rights or remedies with respect to the Specified Defaults or any other Default, but instead is simply agreeing not to take remedial action with respect to the Specified Defaults until the Termination Date.
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Forbearance, etc. (a) The Borrower acknowledges and agrees that the Subject Default has occurred and is continuing.
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Forbearance, etc. (a) The Agent and the Banks hereby agree to forebear from exercising their rights and remedies under the Credit Agreement and the other Facility Documents as a result of the Event of Default that exists as a result of the Borrower's failure to make the payment of the Borrower's failure to make the payment of principal in the amount of $100,000.00 which was due on the last business day of October, 1995 and the Borrower's failure to make the payment of interest due on the first day of November, 1995 pursuant to Section 2.11 of the Credit Agreement, subject to the following:
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Forbearance, etc. Subject to the Borrowers' compliance with the terms and conditions of this Agreement and provided that no Forbearance Event of Default shall have occurred, the Bank shall forbear from enforcing any of its rights under the Borrower Loan Documents or under applicable law until the Maturity Date (the period from the date of this Agreement to and including the Maturity Date being referred to herein as the "Forbearance Period"), and temporarily waives its rights to impose the default rate of interest provided for in Section 1.02(d) of the Credit Agreement. The Borrowers acknowledge and agree that the provisions of this ss.6 relate solely to the Bank's agreement (subject to the terms and conditions hereof) to forbear from exercising its existing rights and remedies in respect of the existing Events of Defaults under the Borrower Loan Documents described in clauses B and D of the Preliminary Statements to this Agreement, and are not, and shall in no way be deemed or construed as, a waiver by the Bank of such existing Events of Default or any other Event of Default now existing or occurring subsequent to the date hereof. The Bank expressly reserves the full extent of its rights under the Borrower Loan Documents and applicable law in respect of any defaults or Events of Default existing on the date hereof and not described in clauses B or D of the Preliminary Statements to this Agreement.
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Forbearance, etc. Not a Waiver Section 8.7. Mortgagee’s Expenses 26 Section 8.8. Modification Procedure Section 8.9. Filing and Recording Fees 27 Section 8.10. Notices Section 8.11. Waiver of Rights by Mortgagor 28 Section 8.12. Severability Section 8.13. Covenants to Run with Land; Successors and Assigns Section 8.14. Definitions 29 Section 8.15. Governing Law 29 Section 8.16. Captions Section 8.17 Powers and Obligations of Deed of Trust Trustee EXHIBIT A Legal Description EXHIBIT B Description of Leases EXHIBIT C Description of Equipment LEASEHOLD DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT THIS LEASEHOLD DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (this Deed of Trust herein referred to as this “Mortgage”), dated as of November 1, 2006, by and among Intrepid Technology and Resources Biogas, LLC, an Idaho limited liability company, whose address is 000 Xxxx Xxxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxx 00000, as grantor (hereinafter called “Mortgagor”), First American Title Insurance Company, as deed of trust trustee (hereinafter called “Deed of Trust Trustee”) having an address at c/o Land Title and Escrow, Inc., 000 Xxxx 00xx Xxxxxx, Xxxxxx, Xxxxx 00000, and Xxxxx Fargo Bank, National Association, as Trustee under that certain Indenture of Trust, a national banking association, whose address is 000 X. Xxxx Xxxxxx, 0xx Xxxxx, Xxxxx, Xxxxx 00000, Attention: Xxxxx X. Xxxxxxxx, CCTS - Vice President, Corporate Trust, as beneficiary (hereinafter called “Mortgagee”).
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Forbearance, etc. Not a Waiver. (a) Failure to accelerate the maturity of all indebtedness secured hereby upon the occurrence of any event of default hereunder, or acceptance of any sum after the same is due, or acceptance of any sum less than the amount then due, or failure to demand strict performance by Mortgagor of the provisions of this Mortgage or any forbearance by Mortgagee or Deed of Trust Trustee in exercising any right or remedy hereunder or otherwise afforded by law shall not constitute a waiver by Mortgagee or Deed of Trust Trustee of any provision of this Mortgage nor nullify the effect of any previous exercise of any such option to accelerate or other right or remedy.
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Forbearance, etc. Not a Waiver..................................................................11 Section 4.08. Additional Amount Due After Acceleration........................................................11
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Forbearance, etc 
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Related to Forbearance, etc

  • Forbearance Period Subject to all the terms and conditions set forth herein, Bank shall forbear from filing any legal action or instituting or enforcing any rights and remedies it may have against Borrower from the Forbearance Effective Date (as defined in Section 9) until the date (the “Forbearance Termination Date”) which is the earliest to occur of (a) December 15, 2014, (b) the failure after the date hereof of Borrower to comply with any of the terms or undertakings of this Agreement, (c) the occurrence after the date hereof of any Event of Default (other than the Existing Default and the Anticipated Defaults) or (d) the date that Borrower joins in, assists, cooperates, or participates as an adverse party or adverse witness in any suit or other proceeding against Bank relating to the Obligations in connection with or related to any of the transactions contemplated by any of the other Loan Documents. Except as expressly provided herein, this Agreement does not constitute a waiver or release by Bank of any Obligations or of any existing Event of Default or Event of Default which may arise in the future after the date of execution of this Agreement. If Borrower does not comply with the terms of this Agreement, Bank shall have no further obligations under this Agreement and shall be permitted to exercise at such time any rights and remedies against Borrower as it deems appropriate in its sole and absolute discretion. Borrower understands that Bank has made no commitment and is under no obligation whatsoever to grant any additional extensions of time at the end of the Forbearance Period. The time period between the Forbearance Effective Date and the Forbearance Termination Date is referred to herein as the “Forbearance Period.”

  • Forbearance Fee In consideration of the Lender’s agreements set forth herein, Obligors agree to pay the Lender a non-refundable forbearance fee in the amount of $7,500.00 (the “Forbearance Amendment Fee”). The Forbearance Amendment Fee shall be: (i) fully earned by the Lender as of the Eighth Forbearance Amendment and Twenty-Fourth Amendment Effective Date; (ii) retained by the Lender as a fee under all circumstances and shall not be applied in reduction of any other of the Obligations; and (iii) paid to the Lender in good and collected funds upon the execution of this Agreement.

  • Forbearance Any forbearance by Xxxxxx in exercising any right or remedy under this Note, the Security Instrument, or any other Loan Document or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of that or any other right or remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender's right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Enforcement by Lender of any security for Borrower's obligations under this Note shall not constitute an election by Xxxxxx of remedies so as to preclude the exercise of any other right or remedy available to Lender.

  • Forbearance Agreement Except as otherwise expressly provided herein, (i) the Forbearance Agreement is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the date hereof (A) all references in the Forbearance Agreement to "this Forbearance Agreement ", "hereto", "hereof", "hereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this Amendment, and (B) all references in the Financing Agreement or any other Loan Document to the " Forbearance Agreement ", "thereto", "thereof", "thereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this amendment. This Amendment shall be effective only in the specific instances and for the specific purposes set forth herein and does not allow for any other or further departure from the terms and conditions of the Forbearance Agreement or the Financing Agreement which terms and conditions shall remain in full force and effect. 6.

  • Amendments to Forbearance Agreement The Forbearance Agreement is hereby amended as follows:

  • Amendment to Forbearance Agreement As of the date hereof, Section 2(b) of the Forbearance Agreement shall be amended and restated in its entirety to read as follows:

  • Company Forbearances During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in Section 5.2 of the Company Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, the Company shall not, and shall not permit any of its Subsidiaries to, without the prior written consent of Parent (such consent not to be unreasonably withheld):

  • Waiver, etc The failure of the Company or the Holder to at any time enforce any of the provisions of this Purchase Warrant shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Purchase Warrant or any provision hereof or the right of the Company or any Holder to thereafter enforce each and every provision of this Purchase Warrant. No waiver of any breach, non-compliance or non-fulfillment of any of the provisions of this Purchase Warrant shall be effective unless set forth in a written instrument executed by the party or parties against whom or which enforcement of such waiver is sought; and no waiver of any such breach, non-compliance or non-fulfillment shall be construed or deemed to be a waiver of any other or subsequent breach, non-compliance or non-fulfillment.

  • Forbearances During the period from the date of this Agreement until the earlier of the termination of this Agreement pursuant to Article 6 or the Effective Time, except as expressly contemplated or permitted by this Agreement or as otherwise indicated in this Section 4.2 or required by law, neither Professional nor the Bank shall, without the prior written consent of the chief executive officer or chief financial officer of SBC (or, with respect to Section 4.2(u) or 4.2(w), the chief credit officer or chief lending officer of SBC), which consent shall not be unreasonably withheld or delayed:

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