Common use of Limited Waiver of Default Clause in Contracts

Limited Waiver of Default. An Event of Default has occurred and currently exists under the Credit Agreement as a result of Borrower’s breach of Section 8.01(w) of the Credit Agreement (the “Designated Default”). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent and warrant that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender hereby waives the Designated Default in existence on the date hereof. 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 Default in existence on the date of this Agreement or (b) Borrowers’ obligation to comply with all of the terms and conditions of the Credit 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, Borrowers hereby agree that they 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 Credit Loan Agreement as a result of Borrower’s 's breach of Section 8.01(w8.2(b) of the Credit Loan Agreement (the “"Designated Default”"). The Designated Default exists because of Borrower's failure to achieve a Tangible Net Worth equal to or greater than $25,000,000 at the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) end of the Credit Agreement Fiscal Quarter ending on or before April September 30, 2011. Borrowers represent Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default or Event of Default that exists exist under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 9 hereof, Lender hereby waives the Designated Default in existence on the date hereof. 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 Default in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 Events of Default has have occurred and currently exists exist under the Credit Loan Agreement as a result of Borrower’s 's breach of Section 8.01(w) 9.3.1 of the Credit Loan Agreement (the “"Designated Default”Defaults"). The Designated Default exists Defaults exist because the CHOW with respect of Borrower's failure to the Healthcare Facility maintain Consolidated Net Worth of Mountain Trace was not approved in accordance with Section 8.01(w) at least $54,000,000 as of the Credit Agreement on or before April 30fiscal periods ending February 29 and March 31, 20112000. Borrowers represent Borrower represents and warrant warrants that the Designated Default is Defaults are the only Unmatured Event of Default or Event of Default that exists exist under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender Agent and Lenders hereby waives 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 Unmatured Event of Default or Event of Default other than the Designated Default Defaults in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 Credit Loan Agreement as a result of Borrower’s breach of Section 8.01(w8.2(d) of the Credit Loan Agreement (the “Designated Default”). The Designated Default exists because of Borrower’s incurring of aggregate lease and rental payments in excess of $600,000 for the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 3012-month period ending December 31, 20112010. Borrowers represent Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 9 hereof, Lender hereby waives the Designated Default in existence on the date hereof. 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 Default in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower’s obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 Certain Events of Default has have occurred and currently exists exist under the Credit Agreement as a result of Borrower’s Borrowers' breach of Section 8.01(w) 6.11 of the Credit Agreement for the Fiscal Quarter ending March 31, 2002 by failing to maintain the minimum required EBITDA (the “"Designated Default”"). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent and warrant that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Agreement and the other Loan Other Documents as of the date hereof. Subject to the satisfaction of the conditions condition precedent set forth in Section 7 5 hereof, Lender Agent and Lenders hereby waives 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 Unmatured Event of Default or Event of Default other than the Designated Default in existence on the date of this Agreement Amendment or (b) Borrowers’ each Borrower's obligation to comply with all of the terms and conditions of the Credit Agreement and the other Loan Other Documents from and after the date hereof. Notwithstanding any prior, temporary mutual disregard of the terms of any contracts between the parties, Borrowers each Borrower hereby agree agrees that they 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 Events of Default has have occurred and currently exists exist under the Credit Loan Agreement as a result of Borrower’s Borrowers’ breach of Section 8.01(w) Sections 9.3.1 and 9.3.2 of the Credit Loan Agreement (the “Designated DefaultDefaults”). The Designated Default exists Defaults exist because of (i) Borrowers’ failure to comply with the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved covenant regarding Consolidated Fixed Charge Coverage Ratio set forth in accordance with Section 8.01(w) 9.3.1 of the Credit Loan Agreement on or before April for the period ending June 30, 20112007, 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 that, other than the Designated Default is the only Unmatured Event of Defaults, no Default or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender hereby waives the Designated Default Defaults in existence on the date hereof. 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 Default Defaults in existence on the date of this Agreement Amendment, or (b) Borrowers’ each Borrower’s obligation to comply with all of the terms and conditions of the Credit 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, Borrowers each Borrower hereby agree agrees that they 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 Credit Loan Agreement as a result of Borrower’s Borrowers' breach of Section 8.01(w) 9.15 of the Credit Loan Agreement for the period from October 1, 2000 through December 30, 2000 (the “"Designated Default”"). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender Lenders hereby waives 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 Unmatured Event of Default or Event of Default other than the Designated Default in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 Credit Loan Agreement as a result of Borrower’s Borrowers' breach of Section 8.01(w) 10.3.1 of the Credit Loan Agreement (the “"Designated Default”"). The Designated Default exists because of Borrowers' failure to maintain the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved required Consolidated Tangible Net Worth set forth in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 201110.3.1. Borrowers represent Each Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender Agent and Lenders hereby waives 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 Unmatured Event of Default or Event of Default other than the Designated Default in existence on the date of this Agreement Amendment or (b) Borrowers’ each Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers each Borrower hereby agree agrees that they 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 Credit Loan Agreement as a result of Borrower’s 's breach of Section 8.01(w12 of the Loan Agreement and Covenant (E) of the Credit Agreement Supplement A attached thereto (the “"Designated Default”"). The Designated Default exists because the CHOW with respect of Borrower's failure to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) maintain a Consolidated EBITDA of the Credit Agreement on or before April Xstreme Division of at least ($8,500,000) for the four quarters ended June 30, 20112001. Borrowers represent Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default Condition or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender hereby waives the Designated Default in existence on the date hereof. In no event shall such waiver be deemed to constitute a waiver of (a) any Unmatured Event of Default Condition or Event of Default other than the Designated Default Defaults in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 Events of Default has have occurred and ------------------------- currently exists exist under the Credit Revolver Loan Agreement as a result of (a) Borrower’s 's breach of Section 8.01(w9.3.1 for the month of November 1999, (b) Borrower's breach of Section 9.3.2 for the months of July 1999, August 1999, September 1999, October 1999 and November 1999, (c) the existence of defaults or events of default under the Term Loan Agreement arising because of Borrower's breach of the Credit financial covenants set forth in the Term Loan Agreement (the “"Designated Default”Defaults"). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent Borrower represents and warrant warrants that the Designated Default is are the only Unmatured Event of Default Defaults or Event Events of Default that exists exist under the Credit Revolver Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender Revolving Lenders hereby waives waive the Designated Default Defaults in existence on the date hereof. 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 Default Defaults in existence on the date of this Agreement Amendment or (b) Borrowers’ Borrower's obligation to comply with all of the terms and conditions of the Credit Revolver 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, Borrowers Borrower hereby agree agrees that they 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 Borrowers acknowledge that Events of Default has have occurred and currently exists exist under the Credit Agreement as a result of Borrower’s (i) Borrowers' breach of Section 8.01(w6.06(a) of the Credit Agreement ,due to the failure of ADK to maintain a Fixed Charge Coverage Ratio of at least 1.10to 1.0 at the end of the fiscal quarter ending December 31, 2014, and (ii) the occurrence of defaults by certain of Borrowers' affiliates in violation of Section 8.01(y) of the Credit Agreement as a result of the same circumstances that resulted in Borrowers' breach of Section 6.06(a) of the Credit Agreement (collectively , the “"Designated Default”Default s"). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers Each Borrower represent s and warrant warrants that the Designated Default is Defaults are the only Unmatured Event of Default Defaults or Event Events of Default that exists exist under the Credit Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 9 hereof, Lender hereby waives the Designated Default Defaults as in existence on the date hereofhereof . 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 Default Defaults in existence on the date of this Agreement Amendment or (b) Borrowers’ obligation ' obligations to comply with all of the terms and conditions of the Credit Agreement and the other Loan Documents from and after the date hereof. Notwithstanding any prior, temporary mutual disregard of the terms term s of any contracts between the partiesparties , Borrowers each Borrower hereby agree agrees that they 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 Credit Loan Agreement as a result of Borrower’s Borrowers' breach of Section 8.01(w) 4.12.4 and Section 7.1.5 of the Credit Loan Agreement (the “"Designated Default”Defaults"). The Designated Default exists Defaults exist because of Borrowers' failure to maintain the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved required Consolidated Tangible Net Worth set forth in accordance with Section 8.01(w) of the Credit Agreement on or before April 304.12.4 for Borrower's Fiscal Quarter ended July 3, 20111999. Borrowers represent Borrower represents and warrant warrants that the Designated Default is Defaults are the only Unmatured Event of Default Defaults or Event Events of Default that exists exist under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender hereby waives the Designated Default Defaults in existence on the date hereof. 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 Default Defaults in existence on the date of this Agreement Amendment or (b) Borrowers’ each Borrower's obligation to comply with all of the terms and conditions of the Credit 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, Borrowers Borrower hereby agree agrees that they 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 (before giving effect to the amendments hereof) under the Credit Loan Agreement as a result of Borrower’s Borrowers’ breach of Section 8.01(w) 9.2.3 of the Credit Loan Agreement arising as a result of Holdings’ repurchase of common shares exceeding the approved amount by 31,588 shares and approved price by $648,751.67, as set forth in that certain Consent Letter dated November 12, 2018 (the “Designated Default”). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent Borrower represents and warrant warrants that the Designated Default is the only Unmatured Event of Default or Event of Default that exists under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof, Lender Agent hereby waives the Designated Default in existence on the date hereof. 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 Default in existence on the date of this Agreement Amendment or (b) Borrowers’ obligation obligations to comply with all of the terms and conditions of the Credit 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, Borrowers hereby agree that they 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 The Borrower represents and currently exists under the Credit Agreement as a result of Borrower’s breach of Section 8.01(w) of the Credit Agreement (the “Designated Default”). The Designated Default exists because the CHOW with respect to the Healthcare Facility of Mountain Trace was not approved in accordance with Section 8.01(w) of the Credit Agreement on or before April 30, 2011. Borrowers represent and warrant warrants that the Designated Default is Defaults are the only Unmatured Event of Default or Event of Default that exists exist under the Credit Loan Agreement and the other Loan Documents as of the date hereof. Subject to the satisfaction of the conditions precedent set forth in Section 7 paragraph 10 hereof, Lender the Agent and the Lenders hereby waives waive the Designated Default Defaults in existence on the date hereofhereof 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 Unmatured Event of Default or Event of Default other than the Designated Default 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) Borrowers’ the Borrower's obligation to comply with all of the terms and conditions of the Credit Loan Agreement and the other Loan Documents from and after the date hereofhereof (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, Borrowers the Borrower hereby agree agrees that they it shall be required strictly to comply with all of the terms of the Loan Documents on and after the date hereofhereof (except with respect to Section 11.1(b) of the Loan Agreement through September 29, 2001).