Common use of Terms of Forbearance Clause in Contracts

Terms of Forbearance. A. From and after the execution of this Loan Modification Agreement, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue or provide any other extensions of credit of any kind to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Credit Extensions, subject in all events to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Borrower shall comply with all terms and conditions contained in the Loan Agreement and other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Forbearance Agreement, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower’s account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Credit ExtensionsAdvances (hereinafter, subject such financial accommodations shall be referred to collectively as “Discretionary Financial Accommodations” and singly as a “Discretionary Financial Accommodation”), subject, in all events events, to the terms and conditions of this Loan Modification Forbearance Agreement, the Loan Agreement Agreement, (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Stated Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Forbearance Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Agreement and the other Loan Documents including, without limitation, all representations, warranties, affirmative and negative covenants contained in the Loan Agreement and the other Loan Documents and Documents. C. During the Forbearance Period, Borrower shall continue to remit all regularly scheduled payments (includingwhether due on account of any Credit Extension or otherwise, without limitation, including all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan DocumentsAgreement, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Agreement, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue or provide any other extensions of credit of any kind to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Credit Extensions, subject in all events to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, . Bank shall make any Credit Extensions during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Defaults, or of any other Default or Event of Default which may now exist or which which, may occur after the date of this Loan Modification Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Borrower shall comply with all terms and conditions contained in the Loan Agreement and other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Agreement, Borrower agrees that Bank shall have has no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower’s account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during from the Forbearance Period date hereof through and including September 30, 2009, and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Advances and/or issue Letters of Credit Extensions(hereinafter, subject such financial accommodations shall be referred to collectively as “Discretionary Financial Accommodations” and singly as a “Discretionary Financial Accommodation”), subject, in all events events, to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement Amendment under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during and after the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Documents, including, without limitation, the affirmative and negative covenants, contained in the Loan Agreement and other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Agreement, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower's account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Advances and/or issue Letters of Credit Extensions(hereinafter, subject such financial accommodations shall be referred to collectively as "Discretionary Financial Accommodations" and singly as a "Discretionary Financial Accommodation"), subject, in all events events, to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) ), and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing DefaultsDefault, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. . At all times during the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Agreement and the other Loan Documents including, without limitation, all representations, warranties, affirmative and negative covenants contained in this Agreement, the Loan Agreement and other Loan Documents and Documents. During the Forbearance Period, Borrower shall continue to remit all regularly scheduled payments (includingwhether due on account of any Credit Extension or otherwise, without limitation, including all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan DocumentsAgreement, as and when such payments are due. As of October 13, 2010, there are no Advances outstanding under the Loan Agreement and no EXIM Advances outstanding under the EXIM Loan Agreement.

Terms of Forbearance. A. From and after the execution of this Loan Modification AgreementAgreement but subject to the terms and conditions set forth in Section 6, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower’s account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute exclusive discretion, continue to make any Credit ExtensionsAdvances (hereinafter, subject such financial accommodations shall be referred to collectively as “Discretionary Financial Accommodations” and singly as a “Discretionary Financial Accommodation”), subject, in all events events, to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute exclusive discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing DefaultsResulting Default, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Agreement and the other Loan Documents including, without limitation, all representations, warranties, affirmative and negative covenants contained in the Loan Agreement and the other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Forbearance Agreement, Borrower agrees that Bank shall have no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower’s account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Credit ExtensionsAdvances (hereinafter, subject such financial accommodations shall be referred to collectively as “Discretionary Financial Accommodations” and singly as a “Discretionary Financial Accommodation”), subject, in all events events, to the terms and conditions of this Loan Modification Forbearance Agreement, the Loan Agreement Agreement, (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Stated Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Forbearance Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Agreement and the other Loan Documents including, without limitation, all representations, warranties, affirmative and negative covenants contained in the Loan Agreement and the other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From and after the execution of this Loan Modification Agreement, Borrower agrees that Bank shall have has no further obligation to make any Advances to Borrower, or to issue any other Credit Extensions for Borrower’s account, or to provide any other extensions of credit of any kind (if an obligation exists in a particular instance) to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to as a “Credit Extension”). Notwithstanding the foregoing, during the Forbearance Period and at the request of Borrower, Bank may, in its sole and absolute discretion, continue to make any Advances and/or issue Letters of Credit Extensions(hereinafter, subject such financial accommodations shall be referred to collectively as “Discretionary Financial Accommodations” and singly as a “Discretionary Financial Accommodation”), subject, in all events events, to the terms and conditions of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan Documents, as affected hereby. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions Discretionary Financial Accommodation during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement Amendment under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during and after the Forbearance Period Period, Borrower shall comply with all terms and conditions of the Loan Documents, including, without limitation, the affirmative and negative covenants, contained in the Loan Agreement and other Loan Documents and shall continue to remit all regularly scheduled payments (including, without limitation, all principal, interest, fees, costs and other amounts) which may become due under the Existing Loan Documents, as and when such payments are due.

Terms of Forbearance. A. From Obligors and after lender hereby agree as follows: (a) Subject to the execution satisfaction of this Loan Modification Agreementthe conditions set forth below, Borrower agrees that Bank shall have no further obligation Lender agrees, until the Forbearance Termination Date, to make any Advances forbear from exercising the rights and remedies currently available to Borrower, or to issue or provide any other extensions it under the terms of credit of any kind to Borrower (as used herein and in the Loan Agreement, any Advance, Letter of Credit, FX Forward Contract, amount utilized for Cash Management Services, or any other extension of credit by Bank for Borrower’s benefit shall be referred to Documents as a “Credit Extension”). Notwithstanding result of the foregoing, during Existing Events of Default. (b) Unless the Obligations are fully satisfied on or before the Forbearance Period and at the request of BorrowerTermination Date, Bank Lender may, in its sole and absolute discretion, continue proceed to make enforce any Credit Extensions, subject or all of its rights and remedies under or in all events to the terms and conditions respect of this Loan Modification Agreement, the Loan Agreement (including but not limited to, all limitations imposed by the Borrowing Base and the Availability Amount) and the other Existing Loan DocumentsDocuments in accordance with applicable law. Borrower covenants and agrees that if, in the sole and absolute discretion of Bank, Bank shall make any Credit Extensions during the Forbearance Period, such act shall not constitute (i) a waiver of any of the Existing Defaults, or of any other Default or Event of Default which may now exist or which may occur after the date of this Loan Modification Agreement under any of the Existing Loan Documents, or (ii) an agreement on the part of Bank to make any further extensions of credit of any kind to Borrower at a later date. B. At all times during the Forbearance Period Borrower shall comply with all terms and conditions contained in the Loan Agreement and other Loan Documents and shall continue to remit all regularly scheduled payments The Obligations (including, without limitation, all principal, interest, fees, costs and other amountsBorrower’s payment obligations) which may become due shall survive the Forbearance Termination Date. The Obligations are secured under the Existing Loan Documents and any other documents, instruments or agreements pursuant to which any Obligor has or may, front time to time, grant to Lender collateral security for the Obligations. (c) In consideration of the forbearance granted hereby Obligors acknowledge, agree and covenant that the occurrence of an Event of Default or default under any one or more of the Loan Documents shall constitute an Event of Default or default under all of the other Loan Documents, as and when such payments are duethat all of the Loan Documents and Collateral securing any of the Obligations shall be deemed to and shall secure all of the other obligations; it being the intention of the patties hereto that the Obligations be fully cross-defaulted and cross-collateralized. The provisions of this Section 5(c) shall be deemed to be incorporated into each of the Loan Documents, and to the extent that any term or provision of this Section 5(c) is or may be inconsistent with any term or provision in any Loan Document, the terms and provisions of this Section 5(c) shall control. (d) By entering into this Forbearance Agreement and refraining from exercising the rights, remedies and privileges available to it, Lender (i) is not waiving and has not waived any of its rights to do so; and (ii) is not establishing a course of conduct nor a pattern of operation; nor an implicit understanding that it may or will ever further revise or modify any term or condition of the Loan Documents. (e) It is expressly understood and agreed that Lender shall be under no obligation to extend the time period of its forbearance beyond the Forbearance Termination Date.