Common use of Limited Waiver of Conditions Precedent Clause in Contracts

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 4 contracts

Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Mastec Inc), Loan and Security Agreement (Enpro Industries, Inc)

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Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loan, procure any Letter of Credit, or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon require the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Loan Revolver Loans, procure any Letter of Credit or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Loan or other extension of credit Revolver Loans shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required LendersLender, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 2 contracts

Samples: Loan and Security Agreement (Artesyn Technologies Inc), Loan and Security Agreement (Sed International Holdings Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Administrative Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Administrative Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Administrative Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 2 contracts

Samples: Loan and Security Agreement (Insight Health Services Holdings Corp), Loan and Security Agreement (IMI of Arlington, Inc.)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Revolver Loan or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Revolver Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, Lender in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Post Petition Loan and Security Agreement (Enpro Industries, Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any the Term Loan or otherwise extend any credit to Borrowers under this Agreement at a any time when any of the foregoing conditions precedent set forth in Section 8.1 are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to the Agent or Lendersany Lender), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of the Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by the Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless the Agent, with the prior written consent or at the direction of the Required Lenders, in writing waives the satisfaction of any condition conditions precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Term Loan Agreement (Salton Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loan, procure any Letter of Credit, or otherwise extend any credit to Borrowers Borrower under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Metromedia International Group Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loan, procure any Letter of Credit, or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Danka Business Systems PLC)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loans, procure any Letter of Credit or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit Loans shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Loan Loans, procure any Letter of Credit or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Loan Loans or other the extension of such credit shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions condition precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required LendersLender, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan or otherwise extend any credit to Borrowers under this Agreement at a any time when any of the foregoing conditions precedent set forth in Section 8.1 or Section 8.2 are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to the Agent or Lendersany Lender), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of the Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by the Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless the Agent, with the prior written consent or at the direction of the Required Lenders, in writing waives the satisfaction of any condition conditions precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loan, procure any Letter of Credit, or otherwise extend any credit to Borrowers Borrower under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Toms Foods Inc)

Limited Waiver of Conditions Precedent. If Lenders shall make any the Term Loan or otherwise extend any credit to Borrowers under this Agreement at a any time when any of the foregoing conditions precedent set forth in SECTION 8.1 are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to the Agent or Lendersany Lender), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of the Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by the Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless the Agent, with the prior written consent or at the direction of the Required Lenders, in writing waives the satisfaction of any condition conditions precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Term Loan Agreement (Harbinger Capital Partners Master Fund I, Ltd.)

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Limited Waiver of Conditions Precedent. If Lenders shall make any Loan Loan, procure any Letter of Credit or otherwise extend any credit to Borrowers Borrower under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Amerigroup Corp)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan or otherwise extend any credit to Borrowers under this Agreement Borrower at a any time when any of the foregoing conditions precedent set forth in Section 8.1 or Section 8.2 are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to the Agent or Lendersany Lender), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of the Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers the Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless the Agent, with the prior written consent or at the direction of the Required Lenders, in writing waives the satisfaction of any condition conditions precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Loan -------------------------------------- Loans or otherwise extend any credit to Borrowers Borrower under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Loan Loans or other the extension of such credit shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing borrowing requested by Borrowers Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required LendersLender, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Master Graphics Inc)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Loan Loans or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Loan Loans or other the extension of such credit shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required LendersLender, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)

Limited Waiver of Conditions Precedent. If Lenders shall make -------------------------------------- any Loan Loans or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit Loans shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

Limited Waiver of Conditions Precedent. If Lenders Lender shall make any Loan or otherwise extend any credit to Borrowers under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or LendersLender), the funding of such Loan or other extension of credit shall not operate as a waiver of the right of Agent and Lenders Lender to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required LendersLender, in writing waives the satisfaction of any condition precedent, in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Post Petition Loan and Security Agreement (Insight Health Services Holdings Corp)

Limited Waiver of Conditions Precedent. If Lenders shall make any Loan or otherwise extend any credit to Borrowers Loans under this Agreement at a time when any of the foregoing conditions precedent are not satisfied (regardless of whether the failure of satisfaction of any such conditions precedent was known or unknown to Agent or Lenders), the funding of such Loan or other extension of credit Loans shall not operate as a waiver of the right of Agent and Lenders to insist upon the satisfaction of all conditions precedent with respect to each subsequent Borrowing requested by Borrowers Borrower or a waiver of any Default or Event of Default as a consequence of the failure of any such conditions to be satisfied, unless Agent, with the prior written consent of the Required Lenders, in writing waives the satisfaction of any condition precedent, precedent in which event such waiver shall only be applicable for the specific instance given and only to the extent and for the period of time expressly stated in such written waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Rhodes Inc)

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