Forbearance; Waiver Sample Clauses

Forbearance; Waiver. Any failure of a party to pursue any legal or equitable remedy or right available to a party shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by a party shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by a party in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by a party.

Forbearance; Waiver. Holder hereby (1) agrees to forbear from exercising its Initial Repurchase Right under the Notes and Indenture with respect to the Initial Repurchase Date and agrees to not require the Company to repurchase its Notes on the Initial Repurchase Date, and (2) waives any Defaults or Events of Default arising out of any such failure to make payment under the June 16, 2008 installment provided for in Section 3.08 of the Indenture and reserves all other rights. The forbearance agreement and waiver set forth in this Section 2 shall apply to the Holder's Notes not purchased pursuant to this Agreement, including any Notes acquired by the Holder subsequent to the date hereof.

Forbearance; Waiver. Any failure of WeGoLook to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by WeGoLook shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by WeGoLook in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by WeGoLook.

Forbearance; Waiver. Except with respect to actions in connection with any Bankruptcy Event of Default (as defined in the Note), any Fundamental Transaction (as defined in the Note), any Distribution (as defined in the Note) or any conversion of the Note in accordance with its terms, Holder agrees to forbear from any action that would require the cash payment by the Company of any principal of the Note outstanding as of the date hereof during the Option Period. During the Option Period, Holder hereby waives any restriction under the Note and/or the Securities Purchase Agreement, as applicable, to any Subsequent Placement (as defined in the Securities Purchase Agreement) that, upon consummation thereof, would coincide with the immediate exercise of the Option and the payment in full to Holder of the Purchase Price hereunder.

Forbearance; Waiver. No waiver by a Party of any right under this Agreement, and no forbearance by a Party from enforcing any right hereunder, shall bind or obligate that Party to any future waiver of or forbearance from enforcing the same or any other right of said Party hereunder.

Forbearance; Waiver. Forbearance by either party in the exercise of any right or remedy provided within this Franchise Agreement may not require or limit the forbearing party’s future ability to exercise such right or remedy. Forbearance or failure by either party to exercise any right or remedy provided within this Franchise Agreement may not be construed as a modification of this Franchise Agreement and no requirement, condition, right or remedy under this Franchise Agreement may be waived except in writing by the parties hereto.

Forbearance; Waiver. (a) During the Agreement Effective Period, each Consenting Creditor (severally and not jointly) agrees to forbear from taking any Enforcement Action or exercising any other rights or remedies in respect of any default or event of default (x) existing in respect of the Prepetition Debt as of the Agreement Effective Date or (y) arising from or related to: (i) the commencement of the Chapter 11 Cases, the Dutch Scheme Proceedings or any other Restructuring Proceeding commenced by any Company Party or any Affiliate thereof; (ii) the non-payment of any principal and/or interest and/or fee in respect of the Prepetition Debt (including any amount payable to an Issuing Bank (as defined in the ABL Credit Agreement) in respect of any drawing under any applicable Letter of Credit (under and as defined in the ABL Credit Agreement)) during the Agreement Effective Period (subject to any rights granted to the Consenting Creditors pursuant to the DIP Documents or any other order of the U.S. Bankruptcy Court); and (iii) the failure to consummate a registered exchange of the 2024 Stub Unsecured Notes for Second Lien Notes. For the avoidance of doubt, the foregoing forbearance shall not be construed to impair the ability of the Consenting Creditors to take any remedial action, without requirement for any notice, demand or presentment of any kind, at any time after the Termination Date (unless the Termination Date occurs solely as a result of the occurrence of the Effective Date). If the Restructuring Transactions are not consummated or if this Agreement is terminated for any reason (other than termination solely as a result of the occurrence of the Effective Date), the Consenting Creditors fully reserve any and all of their rights. (b) On or before May 30, 2023: (i) The Consenting Superpriority Term Loan Creditors shall execute, and deliver to the Superpriority Term Loan Administrative Agent and the Superpriority Term Loan Collateral Agent the Superpriority Term Loan Credit Agreement Consent and Amendment. (ii) The Consenting First Lien Term Loan Creditors hereby irrevocably (A) instruct and direct the First Lien Term Loan Administrative Agent and the First Lien Term Loan Collateral Agent to refrain from taking any action that would violate Section 6.03(a) if such Consenting First Lien Term Loan Creditors were to take such action and (B) authorize and direct the First Lien Term Loan Administrative Agent and the First Lien Term Loan Collateral Agent to execute and deliver any...

Forbearance; Waiver