Common use of Limitation of Waiver Clause in Contracts

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to noncompliance by Borrower with the provisions of Sections 5.1, 6.7 and 6.8 of the Credit Agreement in the manner and to the extent described above and nothing in this Amendment shall be deemed to: (a) constitute a waiver of compliance by Borrower with respect to (i) Sections 5.1, 6.7 and 6.8 of Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Piano & Organ Co /De/)

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Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 subsection 9.7 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to the noncompliance by Borrower Company and its Subsidiaries with the provisions of Sections 5.1subsections 6.6A, 6.7 6.6B, 6.6C, 6.6D and 6.8 6.6E of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment Section 5 shall be deemed to: (ai) constitute a waiver of compliance by Borrower Company or any of its Subsidiaries with respect to (i) Sections 5.1subsections 6.6A, 6.7 6.6B, 6.6C, 6.6D and 6.8 6.6E of the Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (bii) prejudice any right or remedy that 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Credit Agreement (American Restaurant Group Inc)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 subsection 10.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to the noncompliance by Borrower Company with the provisions of Sections 5.1, 6.7 subsections 2.4B(iii)(c) and 6.8 7.5B of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment Waiver shall be deemed to: (a) constitute a waiver of compliance by Borrower Company with respect to (i) Sections 5.1, 6.7 subsections 2.4B(iii)(c) and 6.8 7.5B of the Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that 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 AmendmentWaiver) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Limited Waiver (Urs Corp /New/)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 subsection 10.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to the noncompliance by Borrower Company with the provisions of Sections 5.1, 6.7 and 6.8 subsection 7.6A of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment Waiver shall be deemed to: (a) constitute a waiver of compliance by Borrower Company with respect to (i) Sections 5.1, 6.7 and 6.8 subsection 7.6A of the Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that 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 AmendmentWaiver) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 10.01 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to the noncompliance by the Borrower with the provisions of Sections 5.16.02(b) and 7.19(a), 6.7 (b) and 6.8 (d) of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment Waiver shall be deemed to: (a) constitute a waiver of compliance by the Borrower with respect to (i) any of Sections 5.16.02(b) and 7.19(a), 6.7 (b) and 6.8 (d) of the Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that the 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Limited Waiver (Levi Strauss & Co)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 10.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to noncompliance by Borrower with the provisions of Sections 5.1, 6.7 and 6.8 6.10B of the Credit Agreement and the Waived Items of the Post-Closing Agreement in the manner and to the extent described above and nothing in this Amendment shall be deemed to: (a) constitute a waiver of compliance by Borrower with respect to (i) Sections 5.1, 6.7 and 6.8 Section 6.10 of the Credit Agreement or the Waived Items of the Post-Closing Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or Post-Closing Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that any 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security the Post-Closing Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security the Post-Closing Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Credit Agreement (Mitel Corp)

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Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 subsection 9.01 of the Credit Agreement, the waiver set forth in Section 1 above shall be limited precisely as written and relates solely to noncompliance by Borrower with the provisions failure of Sections 5.1, 6.7 and 6.8 Company to observe subsection 5.02(c) of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment Waiver shall be deemed to: (a) constitute a waiver of compliance by Borrower Company with respect to (i) Sections 5.1, 6.7 and 6.8 subsection 5.02(c) of the Credit Agreement in any other instance or after the end of the Waiver Period or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that 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 AmendmentWaiver) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Limited Waiver Regarding Long Term Credit Agreement (Steelcase Inc)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 of the Credit Agreement, the waiver wavier set forth above shall be limited precisely as written and relates solely to noncompliance by Borrower with the provisions of Sections 5.1, 6.7 and 6.8 of the Credit Agreement in the manner and to the extent described above and nothing in this Amendment shall be deemed to: (a) constitute a waiver of compliance by Borrower with respect to (i) the Sections 5.1, 6.7 and 6.8 of Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.full

Appears in 1 contract

Samples: Credit Agreement (Baldwin Piano & Organ Co /De/)

Limitation of Waiver. Without limiting the generality of the provisions of Section 11.2 subsection 12.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and relates solely to the noncompliance by Borrower Borrowers with the provisions of Sections 5.1, 6.7 and 6.8 subsection 4.4A of the Credit Agreement in the manner and to the extent described above above, and nothing in this Amendment shall be deemed to: (a) constitute a waiver of compliance by Borrower Borrowers with respect to (i) Sections 5.1, 6.7 and 6.8 subsection 4.4A of the Credit Agreement in any other instance or (ii) any other term, provision or condition of the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein; or (b) prejudice any right or remedy that Administrative Agent, Collateral 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 Amendment) or may have in the future under or in connection with the Credit Agreement, Security Agreement or any other instrument or agreement referred to therein. Except as expressly set forth herein, the terms, provisions and conditions of the Credit Agreement, Security Agreement and the other Loan Documents shall remain in full force and effect and in all other respects are hereby ratified and confirmed.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

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