Common use of STANDSTILL; FUNDS TRANSFER PROCESSING Clause in Contracts

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 11, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking).

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 11November 22, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking).

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 11September 12, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking).

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 11November 12, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking).

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 11August 12, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against or affecting the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) hereby to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking)generally.

STANDSTILL; FUNDS TRANSFER PROCESSING. During the period (the "STANDSTILL PERIOD") commencing upon the occurrence of the Effective Date (as defined below) and ending on the earlier to occur of (a) 5:00 pm (New York time) on October 1126, 2002 and (b) the rescission of the standstill described in this Section 1 pursuant to Section 3 (such earlier date being the "TERMINATION DATE"), each Lender and the Agent agrees (i) with respect to the Existing Defaults that it will not exercise any of its rights or remedies under or with respect to the Credit Agreement or any Note, including, without limitation, any right to declare the Notes, all interest thereon and all other amounts payable under the Credit Agreement to be forthwith due and payable, any Guaranty or any other agreement, document or instrument executed and delivered in connection with the Credit Agreement or a Guaranty (collectively with the Credit Agreement, the Notes and the Guaranty, the "CREDIT DOCUMENTS") and (ii) that it will not commence or file any suit, proceeding or litigation in any court, governmental agency or arbitrator against the Borrower or any of its Subsidiaries in any way relating to the Credit Documents or the Advance. On the Termination Date (and on the Second Termination Date, if applicable) without any further action by the Agent or any Lender, all of the terms and provisions set forth in the Credit Agreement with respect to the Existing Defaults shall have the same force and effect as if this Agreement had not been entered into by the parties hereto, and the Agent and each of the Lenders shall have all of the rights and remedies afforded to them under the Credit Agreement and applicable law with respect to the Existing Defaults as though no standstill had been granted by them hereunder. Nothing in this Section 1 (or in Section 5, as applicable) shall affect the rights and remedies of the Agent and the Lenders under or in connection with the Credit Agreement with respect to any Event of Default, other than the Existing Defaults, or any other event or occurrence. Further, the Lenders and the Agent undertake hereby, at all times during the Standstill Period, (and during the Second Standstill Period, if applicable) to process all transfers of funds to or for the benefit of the Borrower or any of its Subsidiaries during the course of each Business Day in a time frame consistent with commercially reasonable, normal banking practices applicable to funds transfers generally (it being understood that neither the Agent nor any Lender shall be required to incur any material increased risk in excess of levels existing on or prior to July 22, 2002, in connection with this undertaking).