Common use of Temporary Forbearance Clause in Contracts

Temporary Forbearance. Subject to the satisfaction of the terms and conditions set forth herein, until that date (the “Forbearance Termination Date”) which is the earliest to occur of (a) 5:00 p.m. Pacific time on November 30, 2009; (b) the date of the occurrence of any Event of Default (other than (i) the Designated Events of Default, or (ii) any breaches of Section 5.2 of the Credit Agreement that occur on or prior to November 30, 2009 (the “Forbearance Period Financial Covenant Defaults”); (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo will not exercise or enforce its rights or remedies against Companies which Xxxxx Fargo would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Events of Default; provided that such forbearance shall not act as a waiver of Xxxxx Fargo’s right to enforce all claims, rights, and remedies from time to time on or after the Forbearance Termination Date. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo to extend the Forbearance Termination Date. Companies acknowledge and agree that Xxxxx Fargo has not waived, and by entering into this Amendment Xxxxx Fargo is not waiving, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior to November 30, 2009.”

Temporary Forbearance. Subject to the satisfaction of the terms and conditions set forth herein, until that date (the “Forbearance Termination Date”) which is the earliest to occur of (a) 5:00 p.m. Pacific time on November 30July 31, 2009; (b) the date of the occurrence of any Event of Default (other than (i) the Designated Events of Default, or (ii) any breaches of Section 5.2 of the Credit Agreement that occur on or prior to November 30July 31, 2009 (the “Forbearance Period Financial Covenant Defaults”)); (c) Tandy has notified Xxxxxxxx that is will longer be pursuing the consummation of the Xxxxxxxx Sale (referred to Section 3.1 of this Amendment); (d) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (de) the Termination Date, Xxxxx Fargo will not exercise or enforce its rights or remedies against Companies which Xxxxx Fargo would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Events of Default; provided that such forbearance shall not act as a waiver of Xxxxx Fargo’s right to enforce all claims, rights, and remedies from time to time on or after the Forbearance Termination Date. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo to extend the Forbearance Termination Date. Companies acknowledge and agree that Xxxxx Fargo has not waived, and by entering into this Amendment Xxxxx Fargo is not waiving, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior to November 30July 31, 2009.”

Temporary Forbearance. 1.1 Subject to the satisfaction of the terms and conditions set forth herein, until that date (the “Forbearance Termination Date”) which is the earliest to occur of (a) 5:00 p.m. Pacific time on November 30October 23, 2009, or, if applicable, the Extended Forbearance Termination Date (as defined in Section 1.2 below); (b) the date of the occurrence of any Event of Default (other than (i) the Designated Events of Default, or (ii) any breaches of Section 5.2 of the Credit Agreement that occur on or prior to November 30October 23, 2009 2009, or, if applicable, the Extended Forbearance Termination Date (the “Forbearance Period Financial Covenant Defaults”); (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo will not exercise or enforce its rights or remedies against Companies which Xxxxx Fargo would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Events of Default; provided that such forbearance shall not act as a waiver of Xxxxx Fargo’s right to enforce all claims, rights, and remedies from time to time on or after the Forbearance Termination Date. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo to extend the Forbearance Termination Date. Companies acknowledge and agree that Xxxxx Fargo has not waived, and by entering into this Amendment Xxxxx Fargo is not waiving, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior to October 23, 2009, or, if applicable, the Extended Forbearance Termination Date. 1.2 The applicable date set forth in clauses (a) and (b)(ii) above shall be automatically extended to the date described below (such date, the “Extended Forbearance Termination Date”), subject to the condition that Xxxxx Fargo shall have received the following, executed and in form and content satisfactory to Xxxxx Fargo in its sole discretion on or prior to the date opposite such condition: Condition Due Date Extended Forbearance Termination Date Delivery of an updated weekly cash flow budget for the period from October 18, 2009 through November 30, 2009 in the form substantially similar to the Weekly Cash Budget. On or before October 23, 2009 October 30, 2009 Delivery of an executed proposal letter from a third party lender (“Replacement Lender”) to provide financing to Companies in an amount sufficient to repay the Indebtedness in full upon terms and conditions satisfactory to Xxxxx Fargo (the “Refinancing”). On or before October 30, 2009 November 6, 2009 Delivery of evidence satisfactory to Xxxxx Fargo that Companies have commenced the due diligence process with Replacement Lender in connection with the Refinancing. On or before November 4, 2009 November 13, 2009 Condition Due Date Extended Forbearance Termination Date Delivery of evidence satisfactory to Xxxxx Fargo that Companies have commenced loan documentation with Replacement Lender in connection with the Refinancing. On or before November 13, 2009 November 30, 2009.”

Temporary Forbearance. Subject to the satisfaction of the terms and conditions set forth herein, until that date (the “Forbearance Termination Date”"FORBEARANCE TERMINATION DATE") which is the earliest to occur of (a) 5:00 p.m. Pacific time on November 30December 31, 2009; 2007, (b) the date of the occurrence of any Event of Default (other than (i) the Designated Events of Default, or (ii) any breaches of Section 5.2 Sections 6.2(a), 6.2(b), or 6.2(c) of the Credit Agreement that occur on or prior to November 30after August 31, 2009 2007, and before December 31, 2007 (the “Forbearance Period Financial Covenant Defaults”"FORBEARANCE PERIOD FINANCIAL COVENANT DEFAULTS"); ), or (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo Lender will not exercise or enforce its rights or remedies against Companies the Borrowers which Xxxxx Fargo the Lender would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Events of Default; provided PROVIDED that such forbearance shall not act as a waiver of Xxxxx Fargo’s the Lender's right to enforce (x) any other claims, rights or remedies at any time, and (y) all claims, rights, and remedies from time to time on or after the Forbearance Termination Date. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo the Lender to extend the Forbearance Termination Date. Companies The Borrowers acknowledge and agree that Xxxxx Fargo the Lender has not waived, and by entering into this Amendment Xxxxx Fargo the Lender is not waiving, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior to November 30December 31, 20092007.”

Temporary Forbearance. Landlord hereby provides notice to each of Tenant Parties of the Default. Subject to the satisfaction of the terms and conditions set forth hereinin this Agreement, until that date (the “Forbearance Termination Date”) ), which is the earliest to occur of (a) 5:00 p.m. Pacific time on November thirty (30) calendar days after the Effective Date, 2009; and (b) the date of the occurrence of any Event one or more of Default (other than (i) the Designated Events of DefaultTermination set forth in this Agreement, or (ii) any breaches of Section 5.2 of the Credit Agreement that occur on or prior to November 30, 2009 (the “Forbearance Period Financial Covenant Defaults”); (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo Landlord will not exercise or enforce its rights or remedies against Companies the Tenant Parties to which Xxxxx Fargo Landlord would be entitled to exercise or enforce under the terms of the Loan Subject Documents by reason of the occurrence of the Designated Events of such Default; provided that (i) such forbearance shall not act as a waiver of Xxxxx FargoLandlord’s right to enforce all claims, rights, and remedies from time to time on any such right or remedy after the Forbearance Termination Date, (ii) Landlord sending one or more additional notices of an event of default under the Subject Documents shall not violate the terms hereof, and (iii) the foregoing shall not apply to any additional events of default under the Subject Documents occurring on or after the date hereof. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo Landlord to extend the Forbearance Termination Date. Companies Notwithstanding anything to the contrary set forth in the Subject Documents, the Tenant Parties acknowledge that the amount described in Section 2 above, together with all interest thereon and all fees and expenses of the Landlord incurred in connection therewith, will be payable in full on the Forbearance Termination Date. The term “Forbearance Period” as used herein shall mean the period commencing on the date hereof and ending on the Forbearance Termination Date. The Tenant Parties each agree that Xxxxx Fargo has not waived, and by entering into this Amendment Xxxxx Fargo is not waiving, the Designated Events obligations of Default or any the Tenant Parties hereunder shall survive the termination of the Forbearance Period Financial Covenant Defaults that may occur on or prior to November 30, 2009Termination Date.”

Temporary Forbearance. Subject to the satisfaction of the terms and conditions set forth herein, until that the date (the “Forbearance Termination Date”) which that is the earliest to occur of (ai) 5:00 p.m. Pacific time (New York, New York time) on November 30September 10, 2009; 2010, or (bii) the date of the occurrence of any Event one or more of Default (other than (i) the Designated Events of DefaultTermination (defined below) set forth in this Agreement, or (ii) any breaches of Section 5.2 of Agent and the Credit Agreement that occur on or prior to November 30, 2009 (the “Forbearance Period Financial Covenant Defaults”); (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo Lenders will not exercise or enforce its their rights or remedies against Companies Borrowers which Xxxxx Fargo Agent and Lenders would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Specified Events of Default; provided provided, however, that such forbearance shall not act as a waiver of Xxxxx FargoAgent’s or Lenders’ right to (i) enforce all any other claims, rightsrights or remedies at any time and from time to time arising from any Event of Default that is not a Specified Event of Default or (ii) enforce any other claims, rights or remedies at any time and remedies from time to time on or after the Forbearance Termination Date, including, without limitation, Agent’s and Lenders’ right to charge interest at the Default Rate from the time of the occurrence of the first Existing Event of Default, June 5, 2010. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo Agent or the Lenders to extend the Forbearance Termination Date. Companies acknowledge and agree that Xxxxx Fargo has not waivedOn the Forbearance Termination Date, and by entering into this Amendment Xxxxx Fargo is not waivingat Agent’s election, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior Obligations shall be deemed automatically accelerated and immediately due and payable in full by Borrowers to November 30, 2009Agent and the Lenders and the Loan Agreement shall be deemed terminated.”

Temporary Forbearance. 1.1 Subject to the satisfaction of the terms and conditions set forth herein, until that date (the “Forbearance Termination Date”) which is the earliest to occur of (a) 5:00 p.m. Pacific time on November 30October 23, 2009, or, if applicable, the Extended Forbearance Termination Date (as defined in Section 1.2 below); (b) the date of the occurrence of any Event of Default (other than (i) the Designated Events of Default, or (ii) any breaches of Section 5.2 of the Credit Agreement that occur on or prior to November 30October 23, 2009 2009, or, if applicable, the Extended Forbearance Termination Date (the “Forbearance Period Financial Covenant Defaults”); (c) the date of the occurrence of any breach of any term or provisions of this Amendment, including, but not limited to, Section 8 and Section 13 of this Amendment; or (d) the Termination Date, Xxxxx Fargo will not exercise or enforce its rights or remedies against Companies which Xxxxx Fargo would be entitled to exercise or enforce under the terms of the Loan Documents by reason of the occurrence of the Designated Events of Default; provided that such forbearance shall not act as a waiver of Xxxxx Fargo’s right to enforce all claims, rights, and remedies from time to time on or after the Forbearance Termination Date. Furthermore, nothing contained herein shall be construed as requiring Xxxxx Fargo to extend the Forbearance Termination Date. Companies acknowledge and agree that Xxxxx Fargo has not waived, and by entering into this Amendment Xxxxx Fargo is not waiving, the Designated Events of Default or any Forbearance Period Financial Covenant Defaults that may occur on or prior to November 30October 23, 2009, or, if applicable, the Extended Forbearance Termination Date. 1.2 The applicable date set forth in clauses (a) and (b)(ii) above shall be automatically extended to the date described below (such date, the “Extended Forbearance Termination Date”), subject to the condition that Xxxxx Fargo shall have received the following, executed and in form and content satisfactory to Xxxxx Fargo in its sole discretion on or prior to the date opposite such condition: