Limited Waiver to the Loan Agreement Sample Clauses

Limited Waiver to the Loan Agreement. Borrower acknowledges that certain Events of Default exist (or may arise) under Section 11.1 of the Loan Agreement as a result of (a) Borrower’s failure to deliver annual audited financial statements for the year ending December 31, 2006 as required by that certain Limited Waiver to Loan and Security Agreement dated as of April 30, 2007 among the parties hereto, (b) Borrower’s failure to provide notice of default under the Indenture for failure to provide the audited financial statements for the year ending December 31, 2006 and unaudited financial statements for the fiscal quarter ending March 31, 2007 (and related public filings) as required by Section 10.1.3(c) of the Loan Agreement and (c) the Borrower’s restatement of its 2004 audited financial statements as described on the schedule dated April 27, 2007 and previously delivered by the Borrower to the Required Lenders which restatement may be material and a breach of the representation made in Section 9.1.8 of the Loan Agreement (collectively, the “Events of Default”). Immediately upon the satisfaction of each of the conditions precedent set forth in Section 2 below, the Agent and Required Lenders hereby waive the Events of Default; provided, that Borrower shall (x) deliver such audited financial statements for the fiscal year ending December 31, 2006 required by Section 10.1.2 of the Loan Agreement (together with any other financial information and documents required to be delivered in connection with such financial statements) and (y) deliver the audited financial statements for the year ending December 31, 2006 and unaudited financial statements for the fiscal quarter ending March 31, 2007 (and all related public filings) required by the Indenture and cure any related defaults thereunder, in each case under clauses (x) and (y) by no later than June 28, 2007, the failure of which shall cause such waiver to be terminated and result in such Events of Default continuing to exist under the Loan Agreement. The foregoing is a limited waiver and shall not constitute a waiver of any other Default or Event of Default that may exist or arise or constitute a waiver or modification to any other term or condition set forth in the Loan Agreement.
Sample 1
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Limited Waiver to the Loan Agreement. Borrower acknowledges that a certain Event of Default exists under Section 11.1 of the Loan Agreement as a result of Borrower’s failure to provide notice of default under the Indenture for failure to provide the unaudited financial statements for the fiscal quarter ending March 31, 2007 (and related public filings) as required by Section 10.1.3(c) of the Loan Agreement (the “Specified Event of Default”). Immediately upon the satisfaction of each of the conditions precedent set forth in Section 2 below, the Agent and Required Lenders hereby waive the Specified Event of Default; provided, that Borrower shall deliver the unaudited financial statements for the fiscal quarter ending March 31, 2007 (and all related public filings) required by the Indenture and cure any related defaults thereunder by no later than July 20, 2007, the failure of which shall cause such waiver to be terminated and result in such Specified Event of Default continuing to exist under the Loan Agreement. The foregoing is a limited waiver and shall not constitute a waiver of any other Default or Event of Default that may exist or arise or constitute a waiver or modification to any other term or condition set forth in the Loan Agreement.
Sample 1

Related to Limited Waiver to the Loan Agreement

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

  • Amendment of Loan Agreement The Loan Agreement is hereby amended as follows:

  • Limited Waiver The waiver by the Company or the Executive of a violation of any of the provisions of this Agreement, whether express or implied, shall not operate or be construed as a waiver of any subsequent violation of any such provision.

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendment to Loan Documents The Borrower shall not amend any of the Loan Documents except pursuant to the applicable terms thereof and Section 12.5 of this Agreement.

  • of the Loan Agreement Section 1.1 of the Loan Agreement is hereby amended as follows:

  • Contents of Agreement; Amendment and Assignment (a) This Agreement sets forth the entire understanding between the parties hereto with respect to the subject matter hereof and cannot be changed, modified, extended or terminated except upon written amendment approved by the Board and executed on its behalf by a duly authorized officer and by Executive.

  • Assignment and Amendment of Agreement This Agreement automatically shall terminate without the payment of any penalty in the event of its assignment. No material amendment of this Agreement shall be effective until approved by the majority of the members of the Board who are not interested persons of the Trust (“Independent Trustees”), the Manager or the Subadviser and the shareholders of the affected Portfolio(s) to the extent required by the 1940 Act. The Subadviser agrees to notify the Manager of any change in control of the Subadviser within a reasonable time after such change.

  • Credit Agreement Amendment The Credit Agreement is hereby amended as follows:

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