Common use of Limited Waivers Clause in Contracts

Limited Waivers. (a) In accordance with Section 10.1 of the Credit Agreement and notwithstanding any of the provisions otherwise set forth in the Credit Agreement, as of the Waiver Effective Date, the Majority Facility Lenders in respect of the Term Loan and the Majority Revolving Credit Facility Lenders hereby irrevocably and permanently waive any Default or Event of Default whether now existing or hereafter arising under Section 8 (a)(a) of the Credit Agreement resulting from the occurrence of a Material Adverse Deviation with respect to the disbursement line items for (i) Payroll Taxes and Benefits on a cumulative basis for all periods ended on or prior to January 11, 2008, (ii) Chemical payments during the week ended January 11, 2008 and on a cumulative basis for all periods ended on or prior to January 11, 2008, (iii) Tax payments on a cumulative basis for all periods ended on or prior to January 11, 2008, (iv) Lease payments during the week ended January 11, 2008, (v) Utilities payments during the week ended January 11, 2008 and on a cumulative basis for all periods ended on or prior to January 11, 2008 and (vi) Management Incentive Plan payments during the week ended January 11, 2008 and on a cumulative basis for all periods ended on or prior to January 11, 2008. (b) The waiver set forth in this Section 2 shall (i) become effective after satisfaction of the conditions set forth in Section 3, (ii) shall be effective only in this specific instance and for the specific purposes set forth herein, and (iii) does not allow for any other or further departure from the terms and conditions of the Credit Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect.

Limited Waivers. (a) In accordance with Section 10.1 of the Credit Agreement and notwithstanding any of the provisions otherwise set forth in the Credit Agreement, as of the Waiver Effective Date, the Majority Facility Lenders in respect of the Term Loan and the Majority Revolving Credit Facility Lenders hereby irrevocably and permanently waive any Default or Event of Default whether now existing or hereafter arising under Section 8 (a)(aaa) of the Credit Agreement resulting from the occurrence of a Material Adverse Deviation with respect to the (i) disbursement line items for (iA) Payroll Taxes and Benefits on a cumulative basis for all periods ended on or prior to January 11, 2008, (ii) Chemical Lease payments during the week ended January 11Xxxxx 00, 0000, (X) Lumber Duties during the week ended March 28, 2008 and on a cumulative basis for all periods ended on or prior to January 11March 28, 2008, (iiiC) Tax payments on a cumulative basis for all periods ended on or prior to January 11, 2008, (iv) Lease payments Payroll during the week ended January 11Xxxxx 00, 20080000, (vX) Utilities payments Payroll Taxes and Benefits during the week ended January 11March 28, 2008 and on a cumulative basis for all periods ended on or prior to January 11March 28, 2008 and (viE) Management Incentive Plan payments during the week ended January 11, 2008 and Other items on a cumulative basis for all periods ended on or prior to January 11March 28, 2008 and (ii) line item for Cash receipts during the week ended March 28, 2008. (b) The waiver set forth in this Section 2 shall (i) become effective after satisfaction of the conditions set forth in Section 3, (ii) shall be effective only in this specific instance and for the specific purposes set forth herein, and (iii) does not allow for any other or further departure from the terms and conditions of the Credit Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect.

Limited Waivers. (a) In accordance with Section 10.1 of the Credit Agreement and notwithstanding any of the provisions otherwise set forth in the Credit Agreement, as of the Waiver Effective Date, the Majority Facility Lenders in respect of the Term Loan and the Majority Revolving Credit Facility Lenders hereby irrevocably and permanently waive any Default or Event of Default whether now existing or hereafter arising under under: (i) Section 8 (a)(aaa) of the Credit Agreement resulting from the occurrence of a Material Adverse Deviation (x) with respect to the disbursement line items for (iA) Payroll Taxes and Benefits on a cumulative basis for all periods ended on or prior to January 1125, 2008, (iiB) Chemical payments during the week ended January 1125, 2008 and on a cumulative basis for all periods ended on or prior to January 1125, 2008, (iiiC) Tax payments on a cumulative basis for all periods ended on or prior to January 11, 2008, (iv) Lease payments during the week ended January 11, 2008, (v) Utilities payments during the week ended January 1125, 2008 and on a cumulative basis for all periods ended on or prior to January 1125, 2008 and (viD) Management Incentive Plan Utilities payments during the week ended January 11, 2008 and on a cumulative basis for all periods ended on or prior to January 1125, 2008 and (y) with respect to the line item for Cash receipts during the week ended January 25, 2008; and (ii) Section 8(c) of the Credit Agreement resulting from the failure to consummate the sale of the wood products business prior to January 31, 2008 in accordance with Section 6.17(b)(iv) of the Credit Agreement. (b) The waiver set forth in this Section 2 shall (i) become effective after satisfaction of the conditions set forth in Section 3, (ii) shall be effective only in this specific instance and for the specific purposes set forth herein, and (iii) does not allow for any other or further departure from the terms and conditions of the Credit Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect.

Limited Waivers. (a) In accordance with Section 10.1 of the Credit Agreement and notwithstanding any of the provisions otherwise set forth in the Credit Agreement, as of the Waiver Effective Date, the Majority Facility Lenders in respect of the Term Loan and the Majority Revolving Credit Facility Lenders hereby irrevocably and permanently waive any Default or Event of Default whether now existing or hereafter arising under Section 8 (a)(a) of the Credit Agreement resulting from the occurrence of a Material Adverse Deviation with respect to the disbursement line items for (i) Payroll Taxes and Benefits on a cumulative basis for all periods ended on or prior to January 11, 2008, (ii) Chemical payments during the week ended January 1118, 2008 and on a cumulative basis for all periods ended on or prior to January 1118, 2008, (ii) Chemical payments on a cumulative basis for all periods ended on or prior to January 18, 2008, (iii) Tax payments on a cumulative basis for all periods ended on or prior to January 1118, 2008, (iv) Lease payments during the week ended January 1118, 2008, (v) Utilities payments during the week ended January 1118, 2008 and on a cumulative basis for all periods ended on or prior to January 1118, 2008 and 2008, (vi) Management Incentive Plan payments Pension Contribution during the week ended January 1118, 2008 and on a cumulative basis for all periods ended on or prior to February 1, 2008 and (vii) Insurance during the week ended January 1118, 2008. (b) The waiver set forth in this Section 2 shall (i) become effective after satisfaction of the conditions set forth in Section 3, (ii) shall be effective only in this specific instance and for the specific purposes set forth herein, and (iii) does not allow for any other or further departure from the terms and conditions of the Credit Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect.

Limited Waivers. (a) In accordance with Section 10.1 of the Credit Agreement and notwithstanding any of the provisions otherwise set forth in the Credit Agreement, as of the Waiver Effective Date, the Majority Facility Lenders in respect of the Term Loan and the Majority Revolving Credit Facility Lenders hereby irrevocably and permanently waive any Default or Event of Default whether now existing or hereafter arising under Section 8 (a)(aaa) of the Credit Agreement resulting from the occurrence of a Material Adverse Deviation (x) with respect to the disbursement line items for (iA) Payroll Taxes and Benefits on a cumulative basis for all periods ended on or prior to January 11, 2008, (ii) Chemical payments during the week ended January 11February 1, 2008 and on a cumulative basis for all periods ended on or prior to January 11February 1, 2008, (iiiB) Tax payments on a cumulative basis for all periods ended on or prior to January 11February 1, 2008, 2008 and (ivC) Lease payments Insurance during the week ended January 11, 2008, (v) Utilities payments during the week ended January 11February 1, 2008 and on a cumulative basis for all periods ended on or prior to January 11February 1, 2008 and (viy) Management Incentive Plan payments with respect to the line item for Cash receipts during the week ended January 11February 1, 2008 and on a cumulative basis for all periods ended on or prior to January 11February 1, 2008. (b) The waiver set forth in this Section 2 shall (i) become effective after satisfaction of the conditions set forth in Section 3, (ii) shall be effective only in this specific instance and for the specific purposes set forth herein, and (iii) does not allow for any other or further departure from the terms and conditions of the Credit Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect.