Common use of Limitation of Waiver Clause in Contracts

Limitation of Waiver. Without limiting the generality of the provisions of SECTION 11.02(B) of the Loan Agreement, the waivers set forth above shall be limited precisely as written and relate solely to noncompliance by the Borrowers with the provisions of SECTIONS 6.03(B), 6.07, 6.09, and 6.11 of the Loan Agreement in the manner and to the extent described above and nothing in this Limited Waiver shall be deemed to: (a) constitute a waiver of compliance by the Borrowers with respect to (i) SECTIONS 6.03(B), 6.07, 6.09, and 6.11of the Loan Agreement in any other instance or (ii) any other term, provision or condition of the Loan Agreement or any other instrument or agreement referred to therein; or AMENDMENT NO. 6 TO LOAN AGREEMENT 4 EXECUTION (b) prejudice any right or remedy that the Agents or any Lender may now have (except to the extent such right or remedy was based upon existing defaults that will not exist after giving effect to this Limited Waiver) or may have in the future under or in connection with the Loan Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Loan Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Limitation of Waiver. Without limiting the generality of the provisions of SECTION 11.02(B) subsection 9.6 of the Loan Credit Agreement, the waivers waiver set forth above shall be limited precisely as written and relate relates solely to the noncompliance by BCC and Company, as the Borrowers case may be, with the provisions of SECTIONS 6.03(B)subsections 5.12A, 6.07, 6.09, 2.4B(iii)(f) and 6.11 6.5 of the Loan Credit Agreement in the manner and to the extent described above above, and nothing in this Limited Waiver Section 2 shall be deemed to: (a) constitute a waiver of compliance by BCC and Company, as the Borrowers case may be, with respect to (i) SECTIONS 6.03(B)subsections 5.12A, 6.07, 6.09, 2.4B(iii)(f) and 6.11of 6.5 of the Loan Credit Agreement in any other instance or (ii) any other term, provision or condition of the Loan Credit Agreement or any other instrument or agreement referred to thereintherein (whether in connection with the issuance, sale or redemption described herein or otherwise); or AMENDMENT NO. 6 TO LOAN AGREEMENT 4 EXECUTIONor (b) prejudice any right or remedy that the Agents Agent or any Lender may now have (except to the extent such right or remedy was based upon existing defaults that will not exist after giving effect to this Limited WaiverSection 2) or may have in the future under or in connection with the Loan Credit Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Loan Credit Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Limitation of Waiver. Without limiting the generality of the provisions of SECTION 11.02(B) Section 11.2 of the Loan Credit Agreement, the waivers waiver set forth above shall be limited precisely as written and relate relates solely to noncompliance by the Borrowers Borrower with the provisions of SECTIONS 6.03(B), 6.07, 6.09, Sections 6.3(a)(v)(G) and 6.11 8.1(c) and Paragraphs (a) and (c) of Annex E of the Loan Credit Agreement in the manner and to the extent described above and nothing in this Limited Waiver Amendment shall be deemed to: (a) constitute a waiver of compliance by the Borrowers Borrower with respect to (i) SECTIONS 6.03(B), 6.07, 6.09, the Sections 6.3(a)(v)(G) and 6.11of the Loan 8.1(c) and Paragraphs (a) and (c) of Annex E of Credit Agreement in any other instance or (ii) any other term, provision or condition of the Loan Credit Agreement or any other instrument or agreement referred to therein; or AMENDMENT NO. 6 TO LOAN AGREEMENT 4 EXECUTIONor (b) prejudice any right or remedy that the Agents Agent or any Lender may now have (except to the extent such right or remedy was based upon existing defaults that will not exist after giving effect to this Limited WaiverAmendment) or may have in the future under or in connection with the Loan Credit Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Loan Credit Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Limitation of Waiver. Without limiting the generality of the provisions of SECTION 11.02(B) Section 13 of the Loan AgreementIndenture, the waivers waiver set forth above shall be limited precisely as written and relate relates solely to (i) the noncompliance by the Borrowers Company with the provisions of SECTIONS 6.03(B), 6.07, 6.09, and 6.11 4.03(a)(i) of the Loan Agreement Indenture and (ii) any Event of Default under Section 6.01(d) of the Indenture relating to the covenants of the Company made in Section 4.03(a)(i) of the Indenture, each in the manner and to the extent described above above, and nothing in this Limited Waiver Agreement shall be deemed to: (a) constitute a waiver of compliance by the Borrowers Company with respect to (i) SECTIONS 6.03(B)Section 4.03(a)(i) of the Indenture in any other instance, 6.07, 6.09, and 6.11of (ii) Section 6.01(d) of the Loan Agreement Indenture in any other instance or (iiiii) any other term, provision or condition of the Loan Agreement Indenture or any other instrument or agreement referred to therein; or AMENDMENT NO. 6 TO LOAN AGREEMENT 4 EXECUTIONor (b) prejudice any right or remedy that the Agents Trustee, the Collateral Agent or any Lender Holder may now have (except to the extent such right or remedy was based upon existing defaults that will not exist after giving effect to this Limited WaiverAgreement) or may have in the future under or in connection with the Loan Agreement Indenture or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Loan Agreement and the other Loan Documents Indenture shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Limitation of Waiver. Without limiting the generality of the provisions of SECTION 11.02(B) subsection 11.6 of the Loan Credit Agreement, the waivers waiver set forth above shall be limited precisely as written and relate relates solely to the noncompliance by the Borrowers Company with the provisions of SECTIONS 6.03(B), 6.07, 6.09, and 6.11 clause (ii) subsection 8.15(iv) of the Loan Credit Agreement in the manner and to the extent described above above, and nothing in this Limited Waiver Amendment shall be deemed to: (a) constitute a waiver of compliance by the Borrowers Company with respect to (i) SECTIONS 6.03(B), 6.07, 6.09, and 6.11of clause (ii) of subsection 8.15(iv) of the Loan Credit Agreement in any other instance or (ii) any other term, provision or condition of the Loan Credit Agreement or any other instrument or agreement referred to thereintherein (whether relating to the filing of the Petition in connection with the filing of the Reorganization Plan or otherwise); or AMENDMENT NO. 6 TO LOAN AGREEMENT 4 EXECUTIONor (b) prejudice any right or remedy that the Agents Administrative Agent or any Lender may now have (except to the extent such right or remedy was based upon existing defaults that will not exist after giving effect to this Limited Waiver) or may have in the future under or in connection with the Loan Credit Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Loan Credit Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.