Fourth Temporary Waiver Period Sample Clauses

Fourth Temporary Waiver Period. Subject to the terms and conditions of this Agreement, the Lenders party hereto agree to temporarily waive the Scheduled Defaults, the Additional Default and the Technical Default during the period from and including the Fourth Waiver Effective Date until the earliest to occur of (the date of such occurrence, the “Fourth Temporary Waiver Termination Date”; and such period, the “Fourth Temporary Waiver Period”) (a) 5:00 P.M. (New York City time) on October 5, 2009, (b) the occurrence and continuance of an Event of Default that is not a Scheduled Default, an Additional Default or a Technical Default, (c) the date of payment of the interest payment due and owing on August 1, 2009 (the “Senior Subordinated Notes Interest Payment”) to the holders under the U.S. Borrower’s 8½% Senior Subordinated Notes due 2015 (the “Senior Subordinated Notes”), (d) the date of delivery by the U.S. Borrower of a Senior Subordinated Notes Payment Notice (as defined below) to the Administrative Agent and the Steering Committee, (e) the occurrence of the “Forbearance Termination Date” under, and as defined in, that certain Forbearance Agreement (the “Senior Subordinated Notes Forbearance”), dated as of August 31, 2009, as heretofore amended, supplemented or otherwise modified or extended, or superseded by a new agreement entered into on substantially the same terms and otherwise in form and substance reasonably satisfactory to the Administrative Agent, by and among certain holders of the Senior Subordinated Notes, the U.S. Borrower, certain guarantors of the Senior Subordinated Notes and The Bank of New York Mellon Trust Company (f/k/a The Bank of New York Trust Company, N.A.), as trustee, (f) the date on which the holders of the Senior Subordinated Notes shall exercise any rights or remedies available under the Senior Subordinated Note Indenture or applicable law as a result of the occurrence of any “Default” or “Event of Default” under, and as defined in, the Senior Subordinated Note Indenture (whether in connection with the Additional Default or otherwise), (g) any representation or warranty made by any Loan Party in this Agreement proving to have been untrue, inaccurate or incomplete in any material respect on or as of the date made or deemed made, (h) failure of any Loan Party to perform, as and when required, any of their respective covenants or other obligations set forth in this Agreement (it being understood that time is of the essence for each such covenant and obligation...