Waiver Agreements. (a) The Lenders hereby waive the Subject Defaults and the Revolving Borrowing Requirement with respect to the Subject Revolving Borrowings; PROVIDED THAT SUCH WAIVER OF THE SUBJECT DEFAULTS AND REVOLVING BORROWING REQUIREMENT SHALL AUTOMATICALLY EXPIRE AT 5:00 P.M. EASTERN TIME ON THE LIMITED WAIVER EXPIRATION DATE. On and after the Limited Waiver Expiration Date, the Subject Defaults shall constitute Events of Default under the Credit Agreement unless and until the Required Lenders, in their sole discretion, enter into a permanent waiver of the Subject Defaults. This waiver is limited to the extent described herein and shall not be construed to be a waiver of any other terms, provisions, covenants, warranties or agreements contained in the Credit Agreement or any of the Loan Documents or a waiver of any Default or Event of Default that may have occurred or may hereafter occur (other than the foregoing waiver of the Subject Defaults until the Limited Waiver Expiration Date). Without limiting the foregoing, failure to observe or perform any agreement contained in Section 7.11(a), Section 7.11(c), Section 7.11(d) or Section 7.20 of the Credit Agreement shall constitute a Default and Event of Default. The Administrative Agent and the Lenders reserve the right to exercise any rights and remedies available to them in connection with (a) any present or future defaults under the Credit Agreement or any other provision of any Loan Document other than the Subject Defaults, and (b) the Subject Defaults after the Limited Waiver Expiration Date.
Waiver Agreements. Bank shall have received a Waiver Agreement, satisfactory in form and substance to Bank, from each landlord and warehouseman for each location leased by Borrower or at which Borrower warehouses inventory. Additionally, Bank shall have received such letter agreements as Bank in its sole discretion may require from any processor, consignee, bailee or any other third party which at any time has possession of any of the Collateral.
Waiver Agreements. The Company will cause each Waiver Agreement, which will not, without the prior written consent of Parent, be amended or modified in any respect after delivery thereof to Parent concurrently with the execution of this Agreement, to remain in full force and effect from and after the date hereof.
Waiver Agreements. The Company will use its commercially reasonable efforts to obtain a waiver from each of Pxxxxxx & Co. Inc. and Bxxxxxx Gold Corporation in respect of prospectus liability of the Underwriters in connection with any purchase of Offered Shares made by such entities under the Offering.
Waiver Agreements. Subject to the satisfaction of the conditions set forth in Section 4, the Lenders hereby agree that any representation regarding the occurrence of a Default or Event of Default, made or required to be made in connection with the Loans to be advanced on the date of this Amendment, be deemed to be representations after giving effect to this Amendment, and that any requirement that no Default or Event of Default have occurred as of the date of the Notice of Borrowing solely with respect to such advance is hereby waived. This Waiver is limited to the extent described herein and shall not be construed to be a waiver of any other terms, provisions, covenants, warranties or agreements contained in the Credit Agreement or a waiver of any Default or Event of Default that may hereafter occur (other than the foregoing waiver).
Waiver Agreements. Each Waiver Agreement shall be in full force and effect on the Closing Date (and all conditions thereunder to such effectiveness shall have been satisfied) and shall be enforceable against each party thereto, in each case, to the extent required in order that, after giving effect to the Transactions, no Change of Control (as defined in any Specified Debt Agreement and including any equivalent or corresponding term) shall have occurred or be continuing under the Specified Debt Agreements.
Waiver Agreements. The Borrower shall use reasonable efforts to obtain a Waiver Agreement duly executed by the landlord with control over the location identified in Section 2.05 of the Perfection Certificate;
Waiver Agreements. Each of the Waiver Agreements shall be in full force and effect as of the Closing.
Waiver Agreements. In connection with the Transactions, Parent shall not permit any amendment or modification to be made to, or any waiver (in whole or in part) of any provision or remedy under, or any replacement of, any Waiver Agreement. Parent shall take, or cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to satisfy in all material respects on a timely basis all conditions and covenants applicable to Parent in the Waiver Agreements.
Waiver Agreements. Each of the Limited Waiver Agreement and the ----------------- Limited Waiver and Agreement to Amend shall have terminated in accordance with its terms.
