Common use of Limitations of Waiver Clause in Contracts

Limitations of Waiver. The waiver set forth in Section 2 above shall be limited precisely as written and relates solely to the breach by Borrower of Sections 8.16(c) and (e) of the Term Loan Agreement by failing to deliver the HSBC Control Agreement and the Good Standing Certificate by the deadlines as specified in such Sections 8.16(c) and (e) of the Term Loan Agreement prior to giving effect to this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver of noncompliance or breach of any other term or provision in the Term Loan Agreement or the other Loan Documents, nor prejudice any right or remedy that the Lenders may now have (except to the extent such right or remedy was based upon Defaults that will not exist after giving effect to this Agreement) or may have in the future under or in connection with the Term Loan Agreement or the other Loan Documents. Nothing contained herein shall be deemed a waiver or consent in respect of (or otherwise affect the Lenders’ ability to enforce) any Default not explicitly waived by Section 2 including (a) any Default that may now exist or hereafter arise from or otherwise be related to the Waived Defaults, and (b) any Default arising at any time after the Effective Date and which is similar in type to the Waived Defaults.

Limitations of Waiver. The waiver set forth in Section 2 above shall be limited precisely as written and relates solely to the breach by Borrower of Sections 8.16(c) and (eSection 8.16(e) of the Term Loan Agreement by failing to deliver the HSBC Control Agreement and the Good Standing Certificate by the deadlines deadline as specified in such Sections 8.16(c) and (e8.16(e) of the Term Loan Agreement prior to giving effect to this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver of noncompliance or breach of any other term or provision in the Term Loan Agreement or the other Loan Documents, nor prejudice any right or remedy that the Lenders may now have (except to the extent such right or remedy was based upon Defaults that will not exist after giving effect to this Agreement) or may have in the future under or in connection with the Term Loan Agreement or the other Loan Documents. Nothing contained herein shall be deemed a waiver or consent in respect of (or otherwise affect the Lenders’ ability to enforce) any Default not explicitly waived by Section 2 including (a) any Default that may now exist or hereafter arise from or otherwise be related to the Waived DefaultsDefault, and (b) any Default arising at any time after the Effective Date and which is similar in type to the Waived DefaultsDefault.

Limitations of Waiver. The waiver waivers set forth in Section 2 and 3(a) above shall be limited precisely as written and relates solely to the potential noncompliance or breach by the Borrower of with Sections 8.16(c) 3.03, 8.12, 9.03, 9.05, 9.06, 9.09 and (e10.01(a)(ii) of the Term Loan Agreement by failing to deliver the HSBC Control Agreement and the Good Standing Certificate by the deadlines as specified in such Sections 8.16(c) and (e) of the Term Loan Agreement prior to giving effect to this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver of noncompliance or breach of any other term or provision in the Term Loan Agreement or the other Loan Documents, nor prejudice any right or remedy that the Lenders may now have (except to the extent such right or remedy was based upon Defaults that will not exist after giving effect to this Agreement) or may have in the future under or in connection with the Term Loan Agreement or the other Loan Documents. Nothing contained herein shall be deemed a waiver or consent in respect of (or otherwise affect the Lenders’ ability to enforce) any Default not explicitly waived by Section Sections 2 and 3(a) including (a) any Default that may now exist or hereafter arise from or otherwise be related to the Waived DefaultsProvisions, and (b) any Default arising at any time after the Effective Date and which is similar in type to the Waived DefaultsProvisions.