Termination of Waiver. 5.1 The Waiver shall be revoked, shall become null and void ab initio (as if it were never executed) and shall cease to be in full force and effect automatically and with immediate effect if any event specified in paragraph 5.1(a) to (e) below occurs (each a "Termination Event"), unless such Termination Events are expressly waived by the Agent, acting on the instructions of the Majority Lenders, provided that notwithstanding the foregoing, the Amendments set forth in paragraph 4.1 of this letter shall not be subject to termination: (a) an Event of Default has occurred which has not been waived or forborne; (b) the occurrence of an event of default under any Other Credit Agreements which are not otherwise waived or forborne; (c) you are in breach of any of your obligations under this letter; (d) any creditor takes Enforcement Action against any Group Member and such Enforcement Action is triggered by or triggers an event of default (however described in any other agreement relating to Financial Indebtedness of such Group Member) which is not waived or forborne; or (e) any waivers or consent letters in relation to any Other Credit Agreements cease to be in full force and effect or any party thereto denies or disaffirms their obligations thereunder.
Appears in 2 contracts
Samples: Secured Loan Agreement (Genco Shipping & Trading LTD), Secured Loan Agreement (Genco Shipping & Trading LTD)
Termination of Waiver. 5.1 4.1 The Waiver shall be revoked, shall become null and void ab initio (as if it were never executed) and shall cease to be in full force and effect automatically and with immediate effect if any event specified in paragraph 5.1(a4.1(a) to (ef) below occurs (each a "Termination Event"), unless such Termination Events are expressly waived by the Agent, acting on the instructions of the Majority Lenders, provided that notwithstanding the foregoing, the Amendments set forth in paragraph 4.1 of this letter shall not be subject to termination:
(a) an Event of Default has occurred which has not been waived or forborne;
(b) the occurrence of an event of default under any Other Credit Agreements which are not otherwise waived or forborne;
(c) you are in breach of any of your obligations under this letter;
(d) any creditor takes Enforcement Action against any Group Member and such Enforcement Action is triggered by or triggers an event of default (however described in any other agreement relating to Financial Indebtedness of such Group Member) which is not waived or forborne;
(e) on the earlier of:
(i) the date which falls fourteen (14) days after the date of this letter, if Sinosure has not provided its confirmation to the Notification Letter in a form satisfactory to the Sinosure Agent; and
(ii) the date on which Sinosure gives written notice to the Sinosure Agent that it does not approve the Notification Letter; or
(ef) any waivers or consent letters in relation to any Other Credit Agreements cease to be in full force and effect or any party thereto denies or disaffirms their obligations thereunder.
Appears in 2 contracts
Samples: Secured Loan Agreement (Genco Shipping & Trading LTD), Secured Loan Agreement (Genco Shipping & Trading LTD)