The Waiver. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
The Waiver. No waiver of any term of this Agreement shall be effective unless it is in writing and signed by our authorized representative. The waiver by either party on any term of this Agreement by the other party shall not operate as a waiver binding the other party.
The Waiver. (a) Subject to Section 3 hereof, the Required Lenders hereby agree to waive for the period from the date hereof through the date that is the earlier of (1) 125 days after the Amendment No. 4 and Waiver Effective Date and (2) the date on which the requisite holders of the Senior Subordinated Notes exercise their right to give a notice of acceleration pursuant to Section 6.02 of the Indenture under which the Senior Subordinated Debt was issued (the "Waiver Termination Date"), (x) the requirements of Section 5.03(b) of the Credit Agreement for the Fiscal Years ended in 2002 and 2001 and Section 5.03(c) of the Credit Agreement for the first three quarters of the Fiscal Year ended in 2001 and 2002 and the first quarter of the Fiscal Year ending in 2003, (y) any Defaults arising solely in connection with or in consequence of the failure of the Borrowers to comply with the requirements of Sections 5.03(b) and 5.03(c) for the periods set forth in the immediately preceding clause (x) or any breach of the representations set forth in Section 4.01(g) or (h) of the Credit Agreement or any failure to deliver notice thereof or any subsequent representation as to the absence thereof and (z) the Event of Default described in clause (e) of Section 6.01 of the Credit Agreement arising from a default under Section 4.03 of the Indenture under which the Senior Subordinated Debt was issued as a result of the Borrower's failure to meet the requirements of Sections 5.03(b) and (c) for the periods set forth in the foregoing clause (x). If the conditions of Section 2(b) below are not met on or prior to the Waiver Termination Date, then, effective after the Waiver Termination Date, without any further action by the Administrative Agent or the Lenders, all of the terms and provisions set forth in the Loan Documents with respect to Defaults thereunder that are waived hereunder and not cured prior to the Waiver Termination Date shall have the same force and effect as if (i) this Amendment No. 4 and Waiver had not been entered into by the parties hereto and (ii) any grace period specified in Section 6.01 with respect to any such Defaults had expired, and the Administrative Agent and the Lenders shall have all of the rights and remedies afforded to them under the Loan Documents with respect to any such Defaults as though no waiver had been granted by them hereunder. If the conditions of Section 2(iii) below are met on or prior to the Waiver Termination Date, then, effective concurrently ...
The Waiver. Effective as of the Amendment No. 4 and Waiver Effective Date, the Lenders and the Agent agree that solely until the Waiver Termination Date (as defined below), the Lenders and the Agent hereby preemptively waive the Specified Default. The Borrowers and each other Credit Party acknowledge and agree that the Specified Default that may occur and be continuing during the Waiver Period would constitute an Event of Default upon which action could be taken but for the waiver described in the preceding sentence. From and after the Waiver Termination Date, (i) the agreement of the Lenders and the Agent hereunder waiving the Specified Default as set forth in this Section 2(a) shall immediately terminate without the requirement of any demand, presentment, protest, or notice of any kind, all of which are hereby waived by the Borrowers and each other Credit Party and (ii) from and after the Waiver Termination Date, the Specified Default shall be deemed to be an Event of Default for all purposes of the Credit Agreement and the other Loan Documents.
The Waiver. (e) An officer's certificate of Buyer and Buyer's Parent in accordance with Section 7.1(d).
The Waiver. All references to the Credit Agreement contained in the above-referenced documents shall be a reference to the Credit Agreement as so amended by the Waiver and as the same may from time to time hereafter be amended, modified or restated. PRECEPT BUSINESS PRODUCTS, INC. PRECEPT-CREATIVE, INC. (formerly known as Creative Acquisition Corp.) WINGTIP COURIERS, INC. PRECEPT TRANSPORTATION SERVICES OF TEXAS, INC. GARDEN STATE LIMOUSINE, INC. ARTCRAFT PRINTING, INC. (formerly known as Garden State Acquisition Corp. and successor by merger to Transportation Systems Corp.) XXXXXXXX RIVER ROUGE, INC. COMPUTER FORMS & PRODUCTS, INC. JETPORT EXPRESS INC. PRECEPT-SOUTHERN SYSTEMS, INC. (formerly known as Precept Acquisition Corporation) In each case: In each case: By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx ------------------------------ -------------------------------------
The Waiver. If the motor vehicle is a total loss and a total loss payment under a CMVIP has been made or is to be made, we will waive your payment of the shortfall between the total loss payment (not including any excess or additional premiums due under the CMVIP) and the balance outstanding at the date of the total loss. Denial of Waiver We will not waive payment: Of amounts represented by overdue instalments under the loan agreement or interest arrears, penalty interest, unpaid credit fees or default fees or the lender’s loss on full prepayment if full prepayment is made at the time we waive these payments. If the vehicle is being used for any of the following purposes: Business or professional use if the distance travelled by the vehicle in any twelve (12) month period exceeds 40,000 kilometres As a courier or any similar commercial activity To carry fare paying passengers Under any type of hire arrangement Preparing or practicing for, or taking part in any road racing, rallying, pace making, speed testing or any other competitive event If you make or have made any untrue, dishonest, misleading or deceptive statement when applying for a loan from us or in arranging this security value shortfall waiver agreement or in notifying us of the accident or writing off of the vehicle. If the CMVIP is cancelled or voided by the insurance company for any reason If the vehicle is not covered by a full CMVIP at the time of the accident or loss leading to it becoming a total loss. If we refuse to waive payments on any of these grounds, you will not be entitled to any refund of the fee we charge you.
The Waiver. Purchaser acknowledges receipt of a waiver of certain provisions of Local Law 58 as issued by the Brooklyn Borough Commissioner. On account thereof, Purchaser has simultaneously with the execution hereof delivered to Seller $125,000 of the Improvement Holdback referred to in paragraph 1A(iii) of the Lease Amendment, which sum Seller acknowledges receipt of. If any further waivers or approvals are required and/or new regulations are issued by applicable governmental agencies (including, without limitation, the City of New York's Mayor's Office for People with Disabilities) which must be complied with in respect of the Premises, then Tenant agrees at its sole cost to obtain such additional waivers or approvals and/or comply with such new requirements promptly and within the time frames so required by applicable law.
The Waiver. Settlement Class Members who have not opted out may receive a waiver of certain late fees that have been assessed but not collected. Those Loan accounts to receive waivers will be those Settlement Class Members' accounts that, as of the date after the Final Approval of the Settlement: (a) reflect a principal balance greater than zero on the servicing system used to service the account; and (b) have an outstanding late fee balance. The amount of the late fee waiver for each loan account will be determined as follows: (a) identification of the amount of late fees assessed by EMC during the Class Period, then (b) reduction of the EMC late fee assessment amount to the extent late fees have been paid, waived or refunded on the Loan account (assuming for purposes of this Settlement that payments, waivers and refunds were on the first assessed late fees) through the date of the Settlement Agreement. The amount remaining for the loan account is the maximum waiver amount for the loan. Each Settlement Class Member to receive a waiver will receive up to the maximum waiver amount for the Loan to the extent there is an outstanding late fee balance on the Loan account. EMC reserves the right to apply a different waiver analysis and process so long as doing so does not reduce the benefit to the Settlement Class Member.
The Waiver. The excuse or waiver of the performance by a Party of any obligation of the other Party under this Agreement shall only be adequate if evidenced by a written statement signed by the Party so excusing or waiving. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by Sellers or Purchaser of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement.
