No Waiver; Limitation on Forbearance. Each Loan Party acknowledges and agrees that, notwithstanding the agreement of the Agent and the Lender Parties to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Known Defaults, except as provided in Section 3.4 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Known Default, and each Known Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Credit Agreement, (b) the Agent and the Lender Parties have not waived, presently do not intend to waive and may never waive the Known Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Lender Parties to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Loan Parties to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Lender Parties whether under the Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranties shall be tolled during the Forbearance Period.
Appears in 1 contract
Samples: Forbearance Agreement (UniTek Global Services, Inc.)
No Waiver; Limitation on Forbearance. Each Loan Party acknowledges and agrees that, notwithstanding the agreement of the Administrative Agent and the Lender Parties Consenting Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Known Specified Defaults, except as provided in Section 3.4 3.3 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Known Specified Default, and each Known Specified Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Credit Agreement, (b) the Administrative Agent and the Lender Parties Consenting Lenders have not waived, presently do not intend to waive and may never waive the Known Specified Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Administrative Agent and the Lender Parties Consenting Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Loan Parties to the Administrative Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Administrative Agent or the Lender Parties Consenting Lenders whether under the Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranties shall be tolled during the Forbearance Period.
Appears in 1 contract
Samples: Forbearance Agreement (UniTek Global Services, Inc.)
No Waiver; Limitation on Forbearance. Each Loan Party acknowledges and agrees that, notwithstanding the agreement of the Agent and the Lender Parties Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Known Defaults, except as provided in Section 3.4 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Known Default, and each Known Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Credit Agreement, (b) the Agent and the Lender Parties Lenders have not waived, presently do not intend to waive and may never waive the Known Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Lender Parties Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Loan Parties to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Lender Parties Lenders whether under the Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranties shall be tolled during the Forbearance Period.
Appears in 1 contract
Samples: Forbearance Agreement (UniTek Global Services, Inc.)
No Waiver; Limitation on Forbearance. Each Loan Party Borrower and Guarantor acknowledges and agrees that, notwithstanding the agreement of the Agent and the Lender Parties Consenting Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Known Specified Defaults, except as provided in Section 3.4 3.3 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Known Specified Default, and each Known Specified Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Revolving Credit Agreement, (b) the Agent and the Lender Parties Consenting Lenders have not waived, presently do not intend to waive and may never waive the Known Specified Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Lender Parties Consenting Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Loan Parties Borrowers or Guarantors to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Lender Parties Consenting Lenders whether under the Loan Other Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranties Guaranty Obligations shall be tolled during the Forbearance Period.
Appears in 1 contract
Samples: Forbearance Agreement (UniTek Global Services, Inc.)