Limited Waiver. Silicon and Borrower agree that solely Borrower’s failure to comply with the Minimum Tangible Net Worth financial covenant (at the Borrower level only and not consolidated with any subsidiaries) set forth in Section 5 of the Schedule to the Loan Agreement for each of the months ended August 31, 2003 and September 30, 2003 (individually and collectively, the “Designated Default”) hereby is waived. It is understood by the parties hereto, however, that the foregoing waiver of the Designated Default does not constitute a waiver of such financial covenant with respect to any other date or time period or of any other provision or term of the Loan Agreement or any related document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Digirad Corp)
Limited Waiver. Silicon and Borrower agree that solely Borrower’s failure to comply with the Minimum Tangible Net Worth financial covenant (at the Borrower level only and not consolidated with any subsidiaries) set forth in Section 5 of the Schedule to the Loan Agreement for each of the months month ended August January 31, 2003 and September 30, 2003 (individually and collectively, the “Designated Default”) hereby is waived. It is understood by the parties hereto, however, that the foregoing waiver of the Designated Default does not constitute a waiver of such financial covenant with respect to any other date or time period or of any other provision or term of the Loan Agreement or any related document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Digirad Corp)
Limited Waiver. Silicon and Borrower hereby agree that solely Borrower’s the failure of Borrower to comply with the Minimum Tangible Net Worth financial covenant (at the Borrower level only and not consolidated with any subsidiaries) set forth in required under Section 5 of the Schedule to the Loan Agreement (as in effect immediately prior to the effectiveness of this Amendment) solely for each of the months ended August 31, 2003 and September month ending April 30, 2003 2005 (individually and collectively, the “Designated TNW Default”) hereby is waived. It is understood by the parties heretounderstood, however, that the foregoing waiver of the Designated TNW Default does not constitute a waiver of such financial the aforementioned covenant with respect to any other date or time period period, or of any other provision or term of the Loan Agreement or any related documentother Loan Document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related documentother Loan Document.
Appears in 1 contract
Samples: Unify Corp
Limited Waiver. Silicon and Borrower agree that solely Borrower’s failure to comply with the Minimum Tangible Net Worth financial covenant (at the Borrower level only and not consolidated with any subsidiaries) set forth in Section 5 of the Schedule to the Loan Agreement for each of the months reporting period ended August December 31, 2003 and September 30, 2003 2002 (individually and collectively, the “Designated Default”) hereby is waived. It is understood by the parties hereto, however, that the foregoing waiver of the Designated Default does not constitute a waiver of such financial the aforementioned covenant with respect to any other date or time period period, or of any other provision or term of the Loan Agreement or any related document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related document.
Appears in 1 contract
Samples: Applied Imaging Corp
Limited Waiver. Silicon and Borrower hereby agree that solely Borrower’s the failure of Borrower to comply with maintain the Minimum minimum Tangible Net Worth financial covenant (at the Borrower level only and not consolidated with any subsidiaries) set forth in required under Section 5 of the Schedule to the Loan Agreement solely for each of the months month ended August December 31, 2003 and September 30, 2003 (individually and collectively, the “"Designated Default”") hereby is waived. It is understood by the parties heretounderstood, however, that the foregoing waiver of the Designated Default does not constitute a waiver of such financial the aforementioned covenant with respect to any other date or time period period, or of any other provision or term of the Loan Agreement or any related documentother Loan Document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related documentother Loan Document.
Appears in 1 contract