No Default Waiver. This First Amendment does not waive any prior, present or future default by either party hereto which has occurred or may occur under the terms of the Lease.
No Default Waiver. As of the Effective Date, the Owner Participant waives any Default or Event of Default arising from (i) the Lessee's failure to meet the Fixed Charge Coverage Ratio required under Section 5.09 of the Participation Agreement for the fiscal quarters ending on March 31, 2002, June 30, 2002, September 30, 2002 and December 31, 2002 and (ii) the Guarantor having been until the Effective Date a debtor under Chapter 11 of the Bankruptcy Code and agrees not to exercise any rights with respect to such breach, Default or Event of Default.
No Default Waiver. For the avoidance of doubt, the parties hereto agree that the Acceptance Date and the Completion Date occurred on June 26, 2009. Furthermore the parties hereto agree that to the extent the Prior Administrative Agent or any Prior Lender gave notice of or otherwise declared an Event of Default to be in existence under the Credit Agreement, including without limitation, pursuant to that certain letter dated June 16, 2009 from the Administrative Agent to the Company, the parties hereto agree such Events of Default are hereby waived.
No Default Waiver. All parties acknowledge that this Agreement has an effective date of June 30, 2003, but is being executed and delivered on September 30, 2003. Accordingly as of September 30, 2003 all parties represent and warrant to all other parties that no default, or other breach or violation of, the Original Agreement as amended has occurred and is continuing. No party hereto knows of any circumstances, facts or events which could lead to the occurrence of such a default, breach or violation and hereby acknowledges that all parties are entering into this Agreement in reliance upon the representations and warranties made herein. To the extent any default, breach or violation occurred under the Original Agreement as amended prior to September 30, 2003, all parties hereto hereby waive and release all other parties from any liability or claim of every nature with respect to any and all such pre September 30, 2003 defaults, breaches or violations. This paragraph 4 shall survive the expiration or other termination of the Original Agreement.
