Limited Waiver of Default Sample Clauses

Limited Waiver of Default. Events of Default have occurred and currently exist under the Loan Agreement as a result of Borrowers’ breach of Sections 9.3.1 and 9.3.2 of the Loan Agreement (the “Designated Defaults”). The Designated Defaults exist because of (i) Borrowers’ failure to comply with the covenant regarding Consolidated Fixed Charge Coverage Ratio set forth in Section 9.3.1 of the Loan Agreement for the period ending June 30, 2007, and (ii) Borrowers’ failure to comply with the covenant regarding Consolidated Total Funded Debt to Consolidated EBITDA set forth in Section 9.3.2 of the Loan Agreement for the periods ending May 31, 2007, and June 30, 2007. Borrowers represent and warrant that, other than the Designated Defaults, no Default or Event of Default exists under the Loan Agreement and the other Loan Documents as of the date hereof. Lender hereby waives the Designated Defaults in existence on the date hereof. In no event shall such waiver be deemed to constitute a waiver of (a) any Default or Event of Default other than the Designated Defaults in existence on the date of this Amendment, or (b) each Borrower’s obligation to comply with all of the terms and conditions of the Loan Agreement and the other Loan Documents from and after the date hereof. Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, each Borrower hereby agrees that it shall be required strictly to comply with all of the terms of the Loan Documents on and after the date hereof.

Limited Waiver of Default. Events of Default have occurred and currently exist under the Loan Agreement as a result of Borrower’s failure to achieve a Fixed Charge Coverage Ratio of at least 1.10 to 1.00 for each of the twelve (12) calendar month periods ending March 31, 2018, April 30, 2018, May 31, 2018 and June 30, 2018, in each case as required under Section 8.21 of the Loan Agreement (collectively, the “Specified Defaults”). The Specified Defaults are the only Defaults or Events of Default that exist under the Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 9 hereof, Lender hereby waives the Specified Defaults. In no event shall such waiver be deemed to constitute a waiver of (a) any Default or Event of Default other than the Specified Defaults or (b) Borrower’s obligation to comply with all of the terms and conditions of the Loan Agreement and the other Loan Documents from and after the date hereof. Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, Borrower hereby agrees that it shall be required strictly to comply with all of the terms of the Loan Documents on and after the date hereof.

Limited Waiver of Default. Subject to Lender's receipt of the Waiver and Amendment Fee and a duly executed counterpart of this letter from Northwest, Bonterra/Parkview and ADK, Lender hereby waives the Designated NW Defaults and the Designated Bonterra/Parkview Defaults. In no event shall such waiver be deemed to constitute a waiver of (a) any Unmatured Event of Default or Event of Default other than the Designated NW Defaults in existence on the date of this agreement, (b) Northwest's obligation to comply with all of the terms and conditions of the NW Credit Agreement and the other Loan Document s from and after the date hereof, including, without limitation, Sections 6.06(a) and 8.01(y) of the NW Credit Agreement, (c) any Bonterra/Parkview Unmatured Event of Default or Bonterra/Parkview Event of Default other than the Designated Bonterra/Parkview Defaults in existence on the date of this agreement , or Bonterra/Parkview's obligation to comply with all of the terms and conditions of the Bonterra/Parkview Credit Agreement and the other Bonterra/Parkview Loan Documents from and after the date hereof, including, without limitation , Sections 6.06(a) and 8.01(y) of the Bonterra/Parkview Credit Agreement. Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, (i) Northwest hereby agrees that Northwest shall be required to strictly comply with all of the terms of the Loan Documents on and after the date hereof, and (ii) Bonterra/Parkview hereby agrees that Bonterra/Parkview shall be required to strictly comply with all of the terms of the Bonterra/Parkview Loan Documents on and after the date hereof. Northwest hereby ratifies and reaffirm s the Obligations, each of the Loan Documents and all of Northwest's covenants, duties, indebtedness and liabilities under the Loan Documents. Bonterra/Parkview hereby ratifies and reaffirms the Obligation s (as defined in the Bonterra/Parkview Credit Agreement), each of the Bonterra/Parkview Loan Documents and all of Bonterra/Parkview's covenants, duties, indebtedness and liabilities under the Bonterra/Parkview Loan Documents. In addition, Northwest and Bonterra/Parkview each represents and warrants that Xxxx X. Xxxxxx is president and chief executive officer of ADK and Manager of each of Northwest and Bonterra/Parkview ,and, as applicable, an Authorized Officer of Northwest or an Authorized Officer (as defined in the Bonterra/Parkview Credit Agreement) of Bonterra/Parkview. In consideration of Lender's...

Limited Waiver of Default. To the extent that the Borrowers designated Silver Hunter as an Immaterial Subsidiary by inadvertently failing to designate Silver Hunter as a Material Subsidiary on the Disclosure Schedule on the Effective Date, any and all Defaults or Events of Default that may have arisen prior to the date hereof due to: (a) any of the representations and warranties, with respect to Silver Hunter and RHL (and only with respect to Silver Hunter and RHL), set forth in Section 6.8 or Section 6.13 (but only as each of them relates to Silver Hunter and RHL being Material Subsidiaries) being false when given at any time prior to the date hereof are hereby waived; (b) noncompliance with the requirement to include Silver Hunter and RHL in the updated capital, operating and exploration budgets delivered pursuant to Section 7.1.1

Limited Waiver of Default. An Event of Default has occurred and currently exists under the Loan Agreement as a result of Borrowers' breach of Section 9.15 of the Loan Agreement for the period from October 1, 2000 through December 30, 2000 (the "Designated Default"). Borrower represents and warrants that the Designated Default is the only Default or Event of Default that exists under the Loan Agreement and the other Loan Documents as of the date hereof. Lenders hereby waive the Designated Default in existence on the date hereof. In no event shall such waiver be deemed to constitute a waiver of (a) any Default or Event of Default other than the Designated Default in existence on the date of this Amendment or (b) Borrower's obligation to comply with all of the terms and conditions of the Loan Agreement and the other Loan Documents from and after the date hereof. Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, Borrower hereby agrees that it shall be required strictly to comply with all of the terms of the Loan Documents on and after the date hereof.

Limited Waiver of Default. An Event of Default has occurred and currently exists under the Loan Agreement as a result of Borrowers' breach of Sections 10.3.1 and 12.1.18 of the Loan Agreement (the "Designated Defaults"). The Designated Defaults exist because of (i) Borrowers' failure to maintain the required Consolidated Tangible Net Worth set forth in Section 10.3.1 for Borrower's Fiscal Quarter ended July 3, 1999 and (i) Borrower's default under the

Limited Waiver of Default. The Borrower represents and warrants that the Designated Defaults are the only Default or Event of Default that exist under the Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in paragraph 10 hereof, the Agent and the Lenders hereby waive the Designated Defaults in existence on the date hereof as well as any Default or Event of Default with respect to Section 11.1(b) of the Loan Agreement that may exist through September 29, 2001. In no event shall such waiver be deemed to constitute a waiver of (a) any Default or Event of Default other than the Designated Defaults in existence on the date of this Amendment (except for any Default or Event of Default with respect to Section 11.1(b) of the Loan Agreement that may exist through September 29, 2001) or (b) the Borrower's obligation to comply with all of the terms and conditions of the Loan Agreement and the other Loan Documents from and after the date hereof (except with respect to Section 11.1(b) of the Loan Agreement through September 29, 2001). Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, the Borrower hereby agrees that it shall be required strictly to comply with all of the terms of the Loan Documents on and after the date hereof (except with respect to Section 11.1(b) of the Loan Agreement through September 29, 2001).

Limited Waiver of Default. Subject to the terms and conditions of this Amendment, upon the Effective Date (as defined in Section 8 below), Lender hereby waives the Event of Default arising solely out of the Borrowers' failure to meet the minimum Fixed Charge Coverage Ratio set forth in Schedule G to the Loan Agreement for the five month period ended January 31, 2002 and the six month period ended February 28, 2002. The waiver set forth in this Section 1 relates solely to the Event of Default set forth in the preceding sentence during the time period specified therein, and nothing in this Amendment is intended or shall be construed as Lender's waiver of any other Default or Event of Default.

Limited Waiver of Default. To the extent that the Parent failed to cause each Reclassified Subsidiary to execute and deliver to the Administrative Agent a supplement to the Subsidiary Guaranty for the benefit of the Secured Parties, and to the extent that the Borrowers and the Parent designated each Reclassified Subsidiary as an Immaterial Subsidiary by failing to designate such Reclassified Subsidiary as a Material Subsidiary at any time after such Reclassified Subsidiary satisfied the criteria for a Material Subsidiary, any and all Defaults or Events of Default that may have arisen prior to the date hereof due to: (a) any of the representations and warranties, with respect to the Reclassified Subsidiaries (and only with respect to the Reclassified Subsidiaries), set forth in Section 6.8 or Section 6.13 (but only as each of them relates to the Reclassified Subsidiaries being Material Subsidiaries and Guarantors) being false when given at any time prior to the date hereof are hereby waived; (b) noncompliance with the requirement to include the Reclassified Subsidiaries in the updated capital, operating and exploration budgets delivered pursuant to Section 7.1.1

Limited Waiver of Default. Each Borrower acknowledges that Events of Default have occurred and currently exist under the Loan Agreement as a result of Borrowers' breach of Section 10.3.1 of the Loan Agreement (the "Designated Defaults"). The Designated Defaults exist because of Borrowers’ failure to maintain a Fixed Charge Coverage Ratio of not less than 1.05 to 1.00 for the twelve consecutive months periods ending on July 31, 2020 and August 31, 2020. Each Borrower represents and warrants that the Designated Defaults are the only Defaults or Events of Default that exists under the Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 9 hereof, Lender waives the Designated Defaults as in existence on the date hereof. In no event shall such waiver be deemed to constitute a waiver of (a) any Default or Event of Default other than the Designated Defaults in existence on the date of this Amendment or