Waiver of Certain Provisions. The observance of any provision of this Certificate of Incorporation that affects the Series A Preferred Stock hereof may be waived by the affirmative vote of the holders of at least sixty percent (60%) of the outstanding shares of the Series A Preferred Stock. The observance of any provision of this Certificate of Incorporation that affects the Series B Preferred Stock hereof may be waived by the affirmative vote of the holders of at least sixty percent (60%) of the outstanding shares of the Series B Preferred Stock.
Waiver of Certain Provisions. Effective upon the Effective Date, the application of Sections 3.09 through and including 3.14 of the Indenture to the extent applicable to the Exchange Offers are hereby waived in their entirety.
Waiver of Certain Provisions. (a) Effective as of the Effective Date, GE Capital hereby grants a waiver of Company's and its Subsidiaries' non-compliance with:
Waiver of Certain Provisions. The observance of any provision of this Certificate of Incorporation that affects the Series A Preferred Stock hereof may be waived by the affirmative vote of the holders of at least sixty percent (60%) of the outstanding shares of the Series A Preferred Stock. The observance of any provision of this Certificate of Incorporation that affects the Series B Preferred Stock hereof may be waived by the affirmative vote of the holders of at least sixty percent (60%) of the outstanding shares of the Series B Preferred Stock. The observance of any provision of this Certificate of Incorporation that affects the Series C Preferred Stock hereof may be waived by the affirmative vote of the holders of at least sixty percent (60%) of the outstanding shares of the Series C Preferred Stock.
Waiver of Certain Provisions. OF SECTION 7.2
Waiver of Certain Provisions. The Company and the Stockholders hereby waive the requirement in Section 3.4 of the Amended 1995 Shareholder Agreement with respect to the Shares and any other provision of such agreement or any other agreement between the Company and the Stockholders which conflicts with the provisions of this Agreement.
Waiver of Certain Provisions. The Bank hereby waives, through the earlier of the maturity of the Revolving Credit Loans (by acceleration or otherwise) or the Termination Date of the Revolving Credit Agreement, the Borrower's obligation to comply with Section IVB, Section VA and Section VC of the 1991 Mortgage Loan Agreement.
Waiver of Certain Provisions. By execution of this Termination Agreement, the undersigned Financing Parties (and the other parties hereto, to the extent required) waive the requirement of Section 20.1 of the Lease that an Election Notice be delivered at least sixty (60) days prior to the Payment Date specified in such Election Notice and agree that this Termination Agreement shall be deemed to constitute an Election Notice, which Election Notice shall be deemed to be irrevocable and otherwise acceptable as an Election Notice as required by Section 20.1 of the Lease. Furthermore, the Financing Parties (A) agree to permit the exercise of the Purchase Option to occur on the date set forth herein as the "Payoff Date" regardless of whether such date is a Payment Date, provided the payments made on such date include without limitation all amounts that have accrued but would have been paid on the next Payment Date and applicable breakage costs, and (B) at the request of and as an accommodation to the Lessee (but only upon satisfaction of the conditions precedent set forth herein), hereby instruct the Agent and Owner Trustee to convey, subject to the terms and conditions hereof and set forth in the Operative Agreements, the Property to Catalina Marketing International, Inc.
Waiver of Certain Provisions. The Company may omit in any particular instance to comply with any term, provision or condition set forth herein, if before the time for such compliance either the holders of Notes having not less than a majority in aggregate of the Total Repayment Amount of the Outstanding Notes remaining unpaid at that time or the Authorized Representative shall in writing either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such term, provision or condition shall remain in full force and effect. Notwithstanding the immediately preceding sentence, in addition to the waiver required by such sentence, the written waiver of the Holder hereof is required to waive compliance by the Company with any term, provision or condition set forth in Sections 1, 2, 3 and 4 hereof and in the case of Section 4, that percentage of the holders of any Senior Indebtedness required to waive compliance by the Company with any term, provision or condition set forth in the documents governing such Senior Indebtedness.
Waiver of Certain Provisions. RELATING TO THE XXXXXX ACQUISITION SUBORDINATED NOTES. The Company may deposit the proceeds of the Xxxxxx Acquisition Senior Subordinated Notes in a segregated account which may be secured for the benefit of the holders thereof or their agents and representatives and apply such proceeds either (a) to pay Xxxxxx Acquisition Financing Requirements on the Xxxxxx Acquisition Closing Date if the Xxxxxx Acquisition Closing Date occurs on or prior to May 22, 2004 or (b) to prepay the Xxxxxx Acquisition Senior Subordinated Notes if the Xxxxxx Acquisition does not for any reason occur on or prior to May 22, 2004, in each case in accordance with the escrow arrangement described in the offering circular relating to the Xxxxxx Acquisition Senior Subordinated Notes and notwithstanding Sections 6.2, 6.3, 6.5 and 6.9 of this -144- Agreement, which Sections shall not be applicable to the transactions contemplated by the escrow arrangements described therein. Remainder of page intentionally left blank
