Limited Waiver to Credit Agreement. Subject to the occurrence of the Effective Date, certain limited provisions of the Credit Agreement are hereby waived in accordance with this Article II. Except as expressly so waived in this Article II, the Credit Agreement shall continue in full force and effect.
Limited Waiver to Credit Agreement. The Agent and Lenders hereby waive any breach of Sections 4.1(a) and 4.1(b) of the Credit Agreement, and any Default or Event of Default as a result thereof, solely to the extent that Borrower Representative failed to deliver the (a) financial statements (and related deliveries required by Section 4.1(a)) for the fiscal months ending January 31, 2007 and February 28, 2007 and (b) the year-end audited financial statements (and related deliveries required by Section 4.1(b)) for the fiscal year ending December 31, 2006, in each case on or prior to the dates required to be delivered thereunder; provided, however, that Borrower Representative delivers to Agent the financial statements (and related deliveries) described in clauses (a) and (b) above on or prior to April 30, 2007.
Limited Waiver to Credit Agreement. Borrower informed Agent that an Event of Default exists under Section 8.01(b) of the Credit Agreement as a result of Xxxxxxxx’s failure to deliver to Agent the forecasts prepared by the management of Borrower as described in and in accordance with Section 6.01(d) of the Credit Agreement for the Fiscal Year ending February 3, 2024 (the “Existing Event of Default”). Subject to the satisfaction of the conditions precedent set forth in Section 4 of this Amendment No. 3, Agent and the Lenders hereby waive the Existing Event of Default.
Limited Waiver to Credit Agreement. Subject to the conditions precedent set forth in Section 4 hereof, each of the Lenders party hereto agrees to waive any Default or Event of Default existing pursuant to Section 9.01(c) of the Credit Agreement, but only as to the Asset Coverage Test Date of December 31, 2014.
Limited Waiver to Credit Agreement. Subject to the satisfaction of each of the conditions set forth in Section 5 below, the Lenders waive each of the Existing Defaults and the Administrative Agent acknowledges such waiver. Such waiver is limited to the extent described in this Agreement and shall not be construed to be a consent to or a temporary or permanent waiver of any other terms, provisions, covenants, warranties or agreements contained in the Credit Agreement or any other Loan Document. Each of the Lenders and the Administrative Agent reserve the right to exercise any rights and remedies available to them in connection with any other present or future Defaults or Events of Default under the Credit Agreement or any other Loan Document. The description of the Existing Defaults in this Agreement is based solely upon information furnished to the Administrative Agent and the Lenders on or prior to the date hereof and shall not be deemed to exclude the existence of any other Defaults or Events of Default.
Limited Waiver to Credit Agreement. In accordance with Section 10.1 of the Credit Agreement, and notwithstanding any other provisions set forth in the Credit Agreement, as of the Eighth Amendment Effective Date, in response to the notification by the U.S. Borrower to the Administrative Agent of the potential occurrence of the Events of Default in connection with Section 7.2.4 of the Credit Agreement for the third Fiscal Quarter of 2008, the Required Lenders hereby waive, for the period commencing with the Eighth Amendment Effective Date through and including October 31, 2008 (the “Waiver Expiration Date”), any Default or Event of Default arising under Section 8.1.3 of the Credit Agreement resulting from the Borrowers failure to perform their obligations set forth in Section 7.2.4 of the Credit Agreement for the third Fiscal Quarter of 2008.
