Limited Waiver and Amendment. (a) Except as expressly provided in this Amendment, the Credit Agreement and each other Loan Document shall continue to be, and shall remain, in full force and effect. This Amendment shall not be deemed or otherwise construed (i) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document; (ii) to prejudice any other right or remedies that the Administrative Agent or the Lenders, or any of them, may now have or may have in the future under or in connection with the Credit Agreement or the Loan Documents, as such documents may be amended, restated or otherwise modified from time to time; (iii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrower or any other person, firm or corporation with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (iv) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Borrower, on the one hand, and the Administrative Agent or any other Lender, on the other hand.
Limited Waiver and Amendment. Pursuant to Section 3.8 of the Investor Rights Agreement, the Parties hereby agree:
Limited Waiver and Amendment. Without limiting the generality of Section 5.1, the waiver and amendments set forth herein shall be limited precisely as provided for herein to the provision expressly waived and amended herein and shall not be deemed to be amendments to, waivers of, consents to or modifications of any other term or provision of the Credit Agreement or of any transaction or further or future action on the part of the Borrower or Holdings which would require the consent of the Lender under the Credit Agreement.
Limited Waiver and Amendment. The limited waiver and amendments set forth herein are effective solely for the purposes set forth herein and shall be limited precisely as written and shall not be deemed to (i) except as expressly provided in this Amendment, be a consent to any amendment, waiver or modification of any term or condition of the Credit Agreement or of any other Loan Document or (ii) prejudice any right or rights that Agent or Lenders may now have or may have in the future under or in connection with the Credit Agreement or any other Loan Document.
Limited Waiver and Amendment. (a) This Agreement shall constitute a limited waiver of the Credit Agreement (the “Limited Waiver”) solely for purposes of satisfying the conditions precedent set forth in Section 6.02 of the Credit Agreement and the requirements of Section 2.03(b) of the Credit Agreement (and for no other purposes) and solely so as to permit the borrowing of $34,129,754.54 of Delayed Draw Loans (the “XX Xxxx Collateralization Draw”) to fully Cash Collateralize the LC Exposure. The proceeds of such borrowing may not be used for any other purpose other than to Cash Collateralize the LC Exposure and such proceeds shall be funded directly into a segregated deposit account of the Borrower identified by the Administrative Agent and the Borrower subject to an account control agreement satisfactory to the Administrative Agent and the Issuing Bank (such account, the “XX Xxxx Collateral Account”). The Loan Parties hereby acknowledge and agree that the proceeds of any Delayed Draw Loan constitute “cash collateral” (as such term is defined in the Bankruptcy Code), which shall be held for the benefit of the Issuing Bank and the Lenders in accordance with Section 2.06(j)
Limited Waiver and Amendment. Except as expressly waived and amended herein, the Agreement shall continue to be, and shall remain, in full force and effect. This Amendment shall not be deemed to be a waiver of, or consent to, or a modification or amendment of, any other term or condition of the Agreement or any other Loan Document or to prejudice any other right or rights which the Lenders may now have or may have in the future under or in connection with the Agreement or any of the instruments or agreements referred to therein, as the same may be amended from time to time.
Limited Waiver and Amendment. Except as expressly waived or amended herein, the Credit Agreement and each other Loan Document shall continue to be, and shall remain, in full force and effect. This Third Amendment shall not be deemed (a) to be a waiver of, or consent to, or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document or (b) to prejudice any other right or remedies which the Bank may now have or may have in the future under or in connection with the Credit Agreement or the Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated or otherwise modified.
Limited Waiver and Amendment. (a) Subject to the satisfaction of the conditions set forth in Section 4 and in reliance on the representations, warranties, covenants and agreements set forth in this Limited Waiver and Amendment, the Lenders party hereto which collectively constitute the Required Lenders hereby waive the Specified Default. Except for the limited waiver set forth herein, nothing contained herein shall be deemed a consent to or waiver of any other Default or Event of Default or any action or inaction of any Borrower that requires consent of any Agent or Lender, constitutes a violation of any provision of the Existing Credit Agreement or any other Loan Document, or that has resulted or will result in a Default or an Event of Default under the Existing Credit Agreement or any other Loan Document. Agents and Lenders shall not be obligated to grant any future consents, waivers or amendments with respect to the Existing Credit Agreement or any other Loan Document. No failure or delay on the part of any Agent or Lenders to exercise any right or remedy under the Existing Credit Agreement, any other Loan Document or applicable law shall operate as a waiver thereof or give rise to any course of conduct defense, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy, all of which are cumulative and are hereby reserved.
Limited Waiver and Amendment. Except as expressly waived and amended herein, the Credit Agreement shall continue to be, and shall remain, in full force and effect. This Amendment shall not be deemed to be a waiver of, or consent to, or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document or to prejudice any other right or rights which the Lenders may now have or may have in the future under or in connection with the Credit Agreement or any of the instruments or agreements referred to therein, as the same may be amended from time to time.
Limited Waiver and Amendment. Subject to the terms and conditions set forth herein, the Lenders hereby agree (a) to waive the requirement to comply with the Consolidated Tangible Net Worth covenant as required by §9.1(e) of the Credit Agreement (the “TNW Covenant”) for the fiscal quarter ending September 30, 2015 (“September Fiscal Quarter”), and (b) that upon the earlier of (i) November 15, 2015 or (ii) the date upon which Forestar Group announces its financial results for the September Fiscal Quarter, together with any quarterly impairments (the “September Financials”), (A) the minimum TNW Covenant will automatically reset such that in §9.1(e)(i) $572,000,000 shall be deleted and replaced with the amount equal to 80% of Consolidated Tangible Net Worth as calculated per the September Financials, and (B) the Effective Date, for the purposes of calculating compliance with §9.1(e) only, shall be changed to September 30, 2015. (the “Limited Waiver and Amendment”).
