Pursuant to Section 13. 2 of the Credit Agreement and subject to the terms and conditions hereof, including, without limitation, the conditions to effectiveness set forth in Section 4 hereof, each of the Administrative Agent, the Issuing Lender and the other Consenting Lenders party hereto waive any and all Defaults or Events of Default occurring pursuant to Section 11.1(d) of the Credit Agreement solely as a result of the failure by the Borrower and its Subsidiaries to comply with the financial covenants set forth in Sections 9.1 and 9.2 of the Credit Agreement solely with respect to the testing period ended December 31, 2007.
Pursuant to Section 13. 2 of the Credit Agreement and subject to the terms and conditions hereof, including, without limitation, the conditions to effectiveness set forth in Section 4 hereof, and to the extent consent by the Lenders is required to permit the Fairfax Liquidity each of the Administrative Agent, the Issuing Lender, the Swingline Lender and the other Consenting Lenders party hereto consents to the Fairfax Liquidity. In furtherance of the foregoing, and subject to the terms and conditions hereof, including, without limitation, the conditions to effectiveness set forth in Section 4 hereof, each of the Administrative Agent, the Issuing Lender, the Swingline Lender and the other Consenting Lenders party hereto agrees to waive any breach of the Credit Agreement or default in the performance or observance of any covenant or agreement contained in Sections 8.2 or 10.1 of the Credit Agreement and Sections 8.2 or 10.1 of the Canadian Credit Agreement, in each case solely as a result of the Fairfax Liquidity.
Pursuant to Section 13. 2 of the Credit Agreement and subject to the terms and conditions hereof, including, without limitation, the conditions to effectiveness set forth in Section 4 hereof, the Administrative Agent, the Issuing Lender and the other Consenting Lenders party hereto waive any and all Defaults and Events of Default occurring pursuant to (a) Section 11.1(d), Section 11.1(e) and/or Section 11.1(g)(i) of the Credit Agreement, in each case, solely as a result of the failure by the Borrower and the Canadian Borrower to comply with the Delivery Requirements and to provide notice of such failure to the Administrative Agent and (b) Section 11.1(d) and Section 11.1(g)(i) of the Credit Agreement, in each case, solely as a result of the failure by the Borrower and its Subsidiaries to comply with the financial covenants set forth in Sections 9.1 and 9.2 of the Credit Agreement and Sections 9.1 and 9.2 of the Canadian Credit Agreement, in each case, solely with respect to the testing period ended September 30, 2008.
Pursuant to Section 13. 1(a) of the Credit Agreement, the Borrower hereby designates [Name of Subsidiary] (currently a Non-Restricted Subsidiary) as a Restricted Subsidiary under and for the purposes of the Credit Agreement and the other Documents. Pursuant to Section 13.1(a) of the Credit Agreement, the Borrower hereby designates [Name of Subsidiary] (currently a Restricted Subsidiary) as a Non-Restricted Subsidiary under and for the purposes of the Credit Agreement and the other Documents.]
Pursuant to Section 13. 6 of the Credit Agreement, the parties hereto agree that the Credit Agreement is amended as follows:
Pursuant to Section 13. I. of the Parties’ Agreement, a Flight Attendant who is scheduled for training during a bid month for which he or she is awarded EVTO will be required to attend training if failing to do so will cause the Flight Attendant to become de-qualified. However, nothing herein shall preclude the Flight Attendant from taking the training at an earlier date if available and approved by the Company. The Flight Attendant will be paid for such training in accordance with Section 3 of the Parties’ Agreement.
Pursuant to Section 13. 1-606 of the Virginia Stock Corporation Act, the effective time and date of the merger shall be _______a.
Pursuant to Section 13. 1.1 of the Underlying Lease, Landlord shall maintain insurance on the Building to the extent of the full insurable value. Notwithstanding anything to the contrary contained in this Lease, if (a) the Building or the Premises shall be substantially damaged by fire or casualty as the result of a risk not covered by casualty insurance maintained by Landlord (other than any deductible with respect thereto), (b) such fire or casualty damage cannot, in the ordinary course, reasonably be expected to be repaired within ninety (90) days from the time that repair work would commence and (c) such repair would require Landlord to incur a material expenditure to complete, Landlord may, at its election, terminate this Lease by notice to Tenant given within sixty (60) days after such loss. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the Expiration Date.
