Waiver and Amendment Pursuant to Credit Agreement Sample Clauses

Waiver and Amendment Pursuant to Credit Agreement. Xxxxxxx shall have received a copy of an executed waiver of any Default or Event of Default arising under the Credit Agreement, duly executed by the Guarantor, the Administrative Agent and the Lenders, (i) deferring the scheduled reduction in the Lenders' Revolving Commitments (as defined in the Credit Agreement) to no earlier than January 30, 2004 and (ii) waiving until January 30, 2004 any Default or Event of Default arising from failure to satisfy any financial covenants under Section 6.11 of the Credit Agreement.

AutoNDA by SimpleDocs

Waiver and Amendment Pursuant to Credit Agreement. Xxxxxxx shall have received a copy of an executed waiver of any Default or Event of Default arising under the Credit Agreement, duly executed by the Guarantor, the Administrative Agent and the Lenders, (i) deferring the scheduled reduction in the Lenders' Revolving Commitments (as defined in the Credit Agreement) to no earlier than April 30, 2004 and (ii) waiving until April 30, 2004 any Default or Event of Default arising from failure to satisfy any financial covenants under Section 6.11 of the Credit Agreement and (iii) waiving until April 30, 2004 any Default or event of Default arising from the failure to deliver financial statements for the Fiscal Year ended in 2004 as required pursuant to Section 5.01(a) of the Credit Agreement.

Waiver and Amendment Pursuant to Credit Agreement. Xxxxxxx shall have received a copy of an executed waiver of any Default or Event of Default arising under the Credit Agreement, duly executed by the Guarantor, the Administrative Agent and the Lenders, (i) deferring the scheduled reduction in the Lenders' Revolving Commitments (as defined in the Credit Agreement) to no earlier than June 15, 2004, (ii) waiving until June 15, 2004 any Default or Event of Default arising from the failure to satisfy any financial covenants under Section 6.11 of the Credit Agreement, (iii) waiving under June 15, 2004 any Default or Event of Default arising from the failure to deliver the financial statements for the Fiscal year ended in 2004 with an unqualified report from the Guarantor's independent public accountant as required pursuant to Section 5.01(a) of the Credit Agreement and (iv) amending Section 6.3(a) of the Credit Agreement in a form reasonably satisfactory to the Purchasers.

Waiver and Amendment Pursuant to Credit Agreement. Xxxxxxx shall have received a copy of an executed waiver of any Default or Event of Default arising under the Credit Agreement, duly executed by the Guarantor, the Administrative Agent and the Lenders, (i) deferring the scheduled reduction in the Lenders' Revolving Commitments (as defined in the Credit Agreement) to no earlier than March 1, 2004 and (ii) waiving until March 1, 2004 any Default or Event of Default arising from failure to satisfy any financial covenants under Section 6.11 of the Credit Agreement or failure to comply with Sections 3.05, 3.11, 3.16, 5.10, 7.01(c), 7.01(e) and 7.01(o) of the Credit Agreement and Sections 3.02, 3.03, 4.04(b) and 4.13 of the Security Agreement.

Related to Waiver and Amendment Pursuant to Credit Agreement

Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:
Waiver and Amendment Any provision of this Agreement may be waived at any time by the party that is entitled to the benefits of such provision. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto.
Specific Amendments to Credit Agreement Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows: (a) The Credit Agreement is amended by adding the following definitions to Section 1.01 thereof in the appropriate alphabetical location:
Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:
Amendments to Credit Agreement (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:
Amendment of the Credit Agreement Effective as of the Amendment Effective Date, the Credit Agreement is hereby amended as follows: (a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Credit Agreement:
Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.
Amendment of Loan Agreement The Loan Agreement is hereby modified and amended as follows:
Waiver and Amendments Any waiver, alteration, amendment, or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by each of the parties hereto; provided, however, that any such waiver, alteration, amendment, or modification must be consented to on the Company’s behalf by the Board. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.
Waivers, Amendment and Remedies No course of dealing by the Collateral Agent and no failure by the Collateral Agent to exercise, or delay by the Collateral Agent in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the Collateral Agent. No amendment, modification or waiver of any provision of this Agreement and no consent to any departure by Debtor therefrom, shall, in any event, be effective unless contained in a writing signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the Collateral Agent, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Collateral Agent from time to time in such order as the Collateral Agent may elect.