The Forbearance Sample Clauses
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The Forbearance. Effective as of the Forbearance Effective Date, each of the Administrative Agent and each Lender agrees that (i) until the expiration or termination of the Borrower Forbearance Period (as defined below), it will forbear from exercising its rights and remedies (including enforcement and collection actions) under the Loan Documents against the Borrower or any of the Collateral or other property owned by the Borrower (including, without limitation, via set-off or recoupment) solely with respect to the Potential Specified Defaults, (ii) until the expiration or termination of the Holding Company Forbearance Period (as defined below), it will forbear from exercising its rights and remedies (including enforcement and collection actions) under the Loan Documents against the Holding Companies or any of the Collateral or other property owned by the Holding Companies (including, without limitation, via set-off or recoupment) solely with respect to the Potential Specified Defaults, and (iii) until the expiration or termination of the Other Credit Party Forbearance Period (as defined below), it will forbear from exercising its rights and remedies (including enforcement and collection actions) under the Loan Documents against each Credit Party (other than the Borrower and the Holding Companies) or any of the Collateral or other property owned by such Credit Parties (including, without limitation, via set-off or recoupment) solely with respect to the Potential Specified Defaults. The Borrower and each other Credit Party acknowledge and agree that (x) each Potential Specified Default (other than a Potential Pre-Forbearance Default) that may occur and be continuing during an Applicable Forbearance Period would constitute a Default or an Event of Default upon which action could be taken but for the forbearance described in the preceding sentence, and (y) the Administrative Agent and the Lenders shall not be delayed, prohibited or otherwise stayed on and after the Other Credit Party Forbearance Termination Date from taking an action or exercising any rights against the Credit Parties or their respective assets (other than the Borrower, the Holding Companies or their respective assets) as a result of the commencement of the Borrower Chapter 11 Case or the Holding Company Chapter 11 Cases prior to the Other Credit Party Forbearance Termination Date. To the extent necessary, each of the Borrower and each Holding Company hereby grants to the Administrative Agent and the Lenders ...
The Forbearance. Effective as of the Forbearance Agreement, Consent and Amendment Effective Date (as defined below), and without waiving the CVA Events of Default or any other Default or Event of Default that may now exist or which may occur hereafter, each of the Administrative Agent and the Required Lenders agree that, subject to the terms and conditions of this Forbearance Agreement, Consent and Amendment, until the Forbearance Termination Date (as defined below), (i) the automatic termination of the Total Commitments shall not occur and the principal of and any accrued interest in respect of all Loans and the Notes and all Secured Obligations shall not automatically occur and (ii) it will forbear from exercising any rights and remedies (including enforcement and
The Forbearance. Borrowers acknowledge and agree that the Lender shall have the free and unrestricted right, at any time and from time to time, to exercise any and all rights available to the Lender under the Credit Agreement and the other Loan Documents; provided, however, that unless and until a Forbearance Default (as hereinafter defined) shall occur, the Lender shall not, prior to December 31, 2008, exercise or attempt to exercise any right or remedy otherwise available to the Lender after the occurrence of an Event of Default with respect to the Loan Documents, including, without limitation, filing any action or proceeding against Borrower or any Guarantor, foreclosing or executing upon or seeking to foreclose or execute upon the collateral or any part thereof whether in a judicial or nonjudicial proceeding (the forbearance from such actions by the Lender, subject to the terms and conditions of this Agreement, being herein referred to as the "Forbearance Covenant"). Borrowers expressly acknowledge and agree, however, that from and after January 1, 2009 or such earlier date as a Forbearance Default may occur, the Lender shall have the right, at any time and from time to time, to exercise any and all rights and remedies available to it under the Loan Documents or hereunder and against or with respect to the collateral, at law and in equity, without notice to Borrowers and without the passage of any grace or cure period notwithstanding anything to the contrary set forth in the Loan Documents, to the same extent as the Lender would be entitled if the Forbearance Covenant had never been part of this Agreement.
The Forbearance. Effective upon the Forbearance Effective Date (as hereinafter defined), WayPoint agrees that until the occurrence of the Forbearance Termination Date (as hereinafter defined), WayPoint will forbear from exercising all of its rights and remedies under the WayPoint Purchase Documents or otherwise existing pursuant to any other agreement entered into in connection with the WayPoint Purchase Agreement, by operation of law or otherwise against NYTEX Holdings, NYTEX Acquisition, New ▇▇▇▇▇▇▇ and FDF solely with respect to the Current Events of Default. NYTEX Holdings, NYTEX Acquisition, New ▇▇▇▇▇▇▇ and FDF acknowledge and agree that each Current Event of Default constitutes an Event of Default upon which action could be taken but for the forbearance described herein.
The Forbearance. Effective as of the Forbearance Effective Date (as defined below), and without waiving the Specified Defaults or any other Default or Event of Default that may now exist or which may occur hereafter, each of the Administrative Agent and the Required Lenders agree that, subject to the terms and conditions of this Forbearance Agreement and until the Forbearance Termination Date (as defined below), it will forbear from exercising its rights and remedies (including enforcement and collection actions) under the Loan Documents or otherwise existing pursuant to any other agreement entered into in connection with the Term Loan Agreement, by operation of law or otherwise against the Loan Parties or any of the Collateral or other property owned by the Loan Parties (including, without limitation, via set-off or recoupment) solely with respect to or arising out of the Specified Defaults. Each Loan Party acknowledges and agrees that the occurrence of the Specified Defaults constitute Events of Default (subject to the Cure Right in Section 8.03 of the Term Loan Agreement) upon which action could be taken or remedies could be exercised (subject to the request or consent of the Required Lenders, and in certain instances, the giving of notice (other than notice of the occurrence of the Specified Defaults), to the extent set forth in the Loan Documents) but for the forbearance described in the preceding sentence.
The Forbearance. Agreement shall remain in full force and effect and unamended, except as amended hereby.