Waiver Extension Request Sample Clauses

Waiver Extension Request. Pursuant to Section 6.02(i) (Conditions to First Borrowing for Each Plant – Air Permits) of the Credit Agreement, it is required that, prior to the initial Borrowing for the Linden Plant, the guarantee of the Design Builder with respect to air emissions set forth in the Linden Design Build Contract meet the requirements of the final air quality construction permit of the Linden Plant. In the First Waiver Agreement the Borrowers acknowledged that such requirement would not be satisfied by the date of the initial Borrowing for the Linden Plant. The Borrowers consequently requested, and the Lenders granted, subject to the terms and conditions set forth in the First Waiver Agreement, a temporary waiver of the requirement that such condition be satisfied on or before the initial Borrowing Date, and the Borrowers covenanted and agreed that the requirement would be satisfied on or before November 30, 2006. The Borrowers hereby request an extension of the temporary waiver described in this clause 3(A) until January 31, 2007.
Sample 1
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Waiver Extension Request. Pursuant to (i) Section 6.01(k)(iii) (Conditions to First Construction Loan Borrowing - Governmental Approvals) of the Credit Agreement, it is required that, as a condition to the initial Borrowing, all Necessary Project Approvals (other than the Deferred Approvals) are in full force and effect, final and Non-Appealable; (ii) Section 6.05(b)(i) (Conditions to All Borrowings - Government Approvals) of the Credit Agreement, it is required that, as a condition to each Borrowing, all Governmental Approvals required by the proposed Borrowing Date for development of the Project are in full force and effect, final and Non-Appealable; (iii) Section 6.05(b)(v) (Conditions to All Borrowings - Government Approvals) of the Credit Agreement, it is required that, as a condition to each Borrowing, there is no proceeding pending or, to the Knowledge of any Borrower, threatened that seeks to rescind, terminate, modify, condition, suspend or otherwise alter in any material respect any Governmental Approval; and (iv) Section 6.05(g)(i) (
Sample 1
Waiver Extension Request. Pursuant to Section 6.01(s)(i)(A) (Conditions to First Construction Loan Borrowing – Schedules) of the Credit Agreement, it is required that, as a condition to the initial Borrowing, the Administrative Agent shall have received a copy of each Preliminary Construction Document (as defined in each Design Build Contract), each in form and substance reasonably satisfactory to each Lender and the Independent Engineer and certified by an Authorized Officer of the Borrowers’ Agent. In the First Waiver Agreement the Borrowers acknowledged that such Preliminary Construction Documents had not been provided to the Administrative Agent. The Borrowers consequently requested, and the Lenders granted, subject to the terms and conditions set forth in the First Waiver Agreement, a temporary waiver of the requirement set forth in Section 6.01(s)(i)(A) of the Credit Agreement until November 30, 2006. In the First Waiver Agreement the Borrowers covenanted and agreed, among other things, that, on or before November 30, 2006, the Independent Engineer would have full access (which it was understood could be at the Plant Sites, at the offices of the Design Builder, or at the offices of ICM) to complete copies of the “On-Site Documents” (as defined in the First Waiver Agreement), which included heat and material balance documentation, and that such On-Site Documents would be in form and substance satisfactory to the Independent Engineer. The Borrowers acknowledge that, of the On-Site Documents, only the heat and material balance documentation has not been provided to the Administrative Agent (which has recently been received by the Borrower, but has not yet been provided to or reviewed by the Independent Engineer on-site). Consequently, the Borrowers hereby request an extension of the temporary waiver described in this clause 4(A) regarding provision of the heat and material balance documentation (i) with respect to the Albion Plant and Linden Plant, until January 31, 2007, and (ii) with respect to the Bloomingburg Plant, until January 31, 2007 to the extent the initial Borrowing of the Bloomingburg Construction Loans is made prior to such date.
Sample 1
Waiver Extension Request. (i) Pursuant to Section 5.11(c) (Representations and Warranties - Transaction Documents and Other Documents; Representations and Warranties in Transaction Documents) of the Credit Agreement, it is required that each of the agreements set forth on Schedule 5.11-B be in full force and effect on or prior to the dates set forth for each such agreement on Schedule 5.11-B. In the First Waiver Agreement the Borrowers acknowledged that, with respect to the Linden agreement regarding water services, such requirement would not be satisfied on or prior to the relevant date specified on Schedule 5.11-B. The Borrowers consequently requested, and the Lenders agreed to grant, subject to the terms and conditions of the First Waiver Agreement, a temporary waiver of any Default or Event of Default arising out of or resulting from the failure to comply with the requirement set forth in Section 5.11(c) of the Credit Agreement, with respect to the Linden agreement regarding water services on or before November 30, 2006. The Borrowers acknowledge that they have not yet entered into the Linden agreement regarding water services. Consequently, the Borrowers hereby request that the temporary waiver described in clause 5(A) be extended for the Linden agreement regarding water services until December 31, 2006.
Sample 1
Waiver Extension Request. Pursuant to Sections 6.01(c)(i)(B) (Conditions to First Construction Loan Borrowing – Officer’s Certificates) and Section 6.05(a) (Conditions to All Borrowings - Borrowers’ Certifications) of the Credit Agreement, it is required that all of the representations and warranties made by the Borrowers in the Credit Agreement and Financing Documents are true and correct in all material respects on and as of the relevant Borrowing Date. The Borrowers acknowledged in the First Waiver Agreement that such Omnibus Agreement (Consent, Fourth Amendment and Second Waiver)
Sample 1

Related to Waiver Extension Request

  • Extension Request The Borrower shall provide the applicable Extension Request at least three (3) Business Days prior to the date on which Lenders under the Existing Term Loan Tranche or Existing Revolver Tranche, as applicable, are requested to respond, and shall agree to such procedures, if any, as may be established by, or acceptable to, the Administrative Agent, in each case acting reasonably to accomplish the purposes of this Section 2.16. No Lender shall have any obligation to agree to have any of its Term Loans of any Existing Term Loan Tranche amended into Extended Term Loans or any of its Revolving Credit Commitments amended into Extended Revolving Credit Commitments, as applicable, pursuant to any Extension Request. Any Lender holding a Loan under an Existing Term Loan Tranche (each, an “Extending Term Lender”) wishing to have all or a portion of its Term Loans under the Existing Term Loan Tranche subject to such Extension Request amended into Extended Term Loans and any Revolving Credit Lender (each, an “Extending Revolving Credit Lender”) wishing to have all or a portion of its Revolving Credit Commitments under the Existing Revolver Tranche subject to such Extension Request amended into Extended Revolving Credit Commitments, as applicable, shall notify the Administrative Agent (each, an “Extension Election”) on or prior to the date specified in such Extension Request of the amount of its Term Loans under the Existing Term Loan Tranche or Revolving Credit Commitments under the Existing Revolver Tranche, as applicable, which it has elected to request be amended into Extended Term Loans or Extended Revolving Credit Commitments, as applicable (subject to any minimum denomination requirements imposed by the Administrative Agent). In the event that the aggregate principal amount of Term Loans under the Existing Term Loan Tranche or Revolving Credit Commitments under the Existing Revolver Tranche, as applicable, in respect of which applicable Term Lenders or Revolving Credit Lenders, as the case may be, shall have accepted the relevant Extension Request exceeds the amount of Extended Term Loans or Extended Revolving Credit Commitments, as applicable, requested to be extended pursuant to the Extension Request, Term Loans or Revolving Credit Commitments, as applicable, subject to Extension Elections shall be amended to Extended Term Loans or Revolving Credit Commitments, as applicable, on a pro rata basis (subject to rounding by the Administrative Agent, which shall be conclusive) based on the aggregate principal amount of Term Loans or Revolving Credit Commitments, as applicable, included in each such Extension Election.

  • Credit Extension Request, etc Subject to Section 2.3.2, the Administrative Agent shall have received a Borrowing Request if Loans are being requested, or an Issuance Request if a Letter of Credit is being requested or extended. Each of the delivery of a Borrowing Request or Issuance Request and the acceptance by the Borrower of the proceeds of such Credit Extension shall constitute a representation and warranty by the Borrower that on the date of such Credit Extension (both immediately before and after giving effect to such Credit Extension and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct in all material respects.

  • Extension; Waiver At any time prior to the Effective Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party.

  • Extension or Amendment of Loans The Servicer will not, except as otherwise permitted in Section 7.4(a), extend, amend or otherwise modify the terms of any Transferred Loan.

  • Amendment; Extension; Waiver Subject to the provisions of applicable Legal Requirements, the Parties may amend this Agreement at any time pursuant to an instrument in writing signed on behalf of each of the Parties. At any time, any Party may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracies in the representations and warranties made to such Party contained herein or (c) waive compliance with any of the agreements or conditions for the benefit of such Party contained herein. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. Without limiting the generality or effect of the preceding sentence, no delay in exercising any right under this Agreement shall constitute a waiver of such right, and no waiver of any breach or default shall be deemed a waiver of any other breach or default of the same or any other provision in this Agreement.

  • CONDITIONS OF INITIAL EXTENSION OF CREDIT The obligation of Bank to extend any credit contemplated by this Agreement is subject to the fulfillment to Bank's satisfaction of all of the following conditions:

  • Incremental Loan Request Each Incremental Loan Request from the Borrower pursuant to this Section 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans or Incremental Revolving Credit Commitments. Incremental Term Loans may be made, and Incremental Revolving Credit Commitments may be provided, by any existing Lender (but each existing Lender will not have an obligation to make any Incremental Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agent, each Swing Line Lender and each L/C Issuer shall have consented (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Incremental Term Loans or providing such Revolving Commitment Increases to the extent such consent, if any, would be required under Section 10.07(b) for an assignment of Loans or Revolving Credit Commitments, as applicable, to such Lender or Additional Lender, (ii) with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall be subject to the same restrictions set forth in Section 10.07(l) as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of Term Loans and (iii) Affiliated Lenders may not provide Incremental Revolving Credit Commitments.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • Extension of Revolving Credit Maturity Date The Borrower shall have the right and option to extend the Revolving Credit Maturity Date in respect of the Total Revolving Credit Commitment or portion thereof, if reduced in accordance with §2.4, a total of two (2) times for a period of twelve (12) months each upon satisfaction of the following conditions precedent, which must be satisfied prior to the effectiveness of any extension of the Revolving Credit Maturity Date:

  • Extension and Waiver At any time prior to the Effective Time, the parties may extend the time for performance of or waive compliance with any of the covenants or agreements of the other parties to this Agreement and may waive any breach of the representations or warranties of such other parties. No agreement extending or waiving any provision of this Agreement will be valid or binding unless it is in writing and is executed and delivered by or on behalf of the party against which it is sought to be enforced.

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