Waiver of Compliance with Certain Covenants Sample Clauses

Waiver of Compliance with Certain Covenants. The Issuer may omit in any particular instance to comply with any covenant or condition set forth in Sections 4.3 and 4.8 through 4.18 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Securities at the time outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Issuer and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.
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Waiver of Compliance with Certain Covenants. (a) The Banks waive (i) compliance by the Company with the provisions of Section 5.08 of the Credit Agreement and (ii) any Default arising under Section 6.01(c) of the Credit Agreement by reason of such noncompliance; provided that the waivers granted pursuant to this Section shall be effective only so long as Consolidated Net Worth at the last day of any fiscal quarter ended during the Waiver Period will not be less than (i) $365,000,000 plus (ii) 50% of Consolidated Net Income for each fiscal quarter of the Company ended on or after September 30, 1999, for which Consolidated Net Income is positive (but with no deduction on account of any fiscal quarter for which Consolidated Net Income is negative) plus (iii) 100% of the aggregate amount by which Consolidated Net Worth shall have been increased by reason of the issuance and sale after September 30, 1999 and on or prior to such date of any capital stock or the conversion or exchange of any Debt of the Company into or with capital stock of the Company consummated after September 30, 1999 and on or prior to such day. (b) The Banks waive (i) compliance by the Company with the provisions of Section 5.09 of the Credit Agreement and (ii) any Default arising under Section 6.01(c) of the Credit Agreement by reason of such noncompliance; provided that the waivers granted pursuant to this Section 3(b) shall be effective only so long as the Leverage Ratio will at no time during the Waiver Period exceed 5.00:1. (c) The Banks waive (i) compliance by the Company with the provisions of Section 5.10 of the Credit Agreement and (ii) any Default arising under Section 6.01(c) of the Credit Agreement by reason of such noncompliance; provided that the waivers granted pursuant to this Section 3(c) shall be effective only so long as the ratio of Earnings Available for Fixed Charges to Consolidated Fixed Charges, on the last day of any fiscal quarter during the Waiver Period, in each case for the four consecutive fiscal quarters then ended, not be less than 1.15:1. (d) The Banks waive (i) compliance by the Company with the provisions of Section 5.17 of the Credit Agreement and (ii) any Default arising under Section 6.01(c) of the Credit Agreement by reason of such noncompliance; provided that the waivers granted pursuant to this Section 3(d) shall be effective only so long as the Total Debt of all of the Company's Subsidiaries (excluding (i) Loans and Letter of Credit Liabilities hereunder, (ii) Debt of a Subsidiary to the Compa...
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Waiver of Compliance with Certain Covenants. Subject to the other terms and conditions in this Agreement, the Second Lien Lender Parties agree to waive compliance with, modify or amend any covenant or other term or provision under the Second Lien Loan Documents to the same extent and in the same manner as the First Lien Lenders may agree from time to time to waive compliance with, modify or amend the comparable covenant, term, or provision under the First Lien Loan Documents; provided, that the covenants, terms and provisions of Sections 2.05(b)(ii), 5.02(a), 5.02(e), 5.02(g), 5.02(k), 5.02(q)(iii) and 5.02(q)(iv), and the rights protected under Section 9.01, of the Second Lien Loan Agreement shall be excluded from the operation of this Section 2.8. Any waiver, modification or amendment of a covenant, term or provision under the Second Lien Loan Documents contemplated by this Section 2.8 shall be effective as of the time and date of the waiver, modification or amendment of the comparable, covenant, term or provision under the First Lien Documents without the necessity of any action on the part of the Second Lien Lender Parties; provided, that the Second Lien Lender Parties agree to execute and deliver any documentation in confirmation of any such waiver, modification or amendment as the Loan Parties on the First Lien Agent may reasonably request from time to time. Notwithstanding anything to the contrary set forth herein, any waiver, modification or amendment of a covenant, term or provision under the Second Lien Loan Documents contemplated by this Section 2.8 shall terminate upon the payment in full in cash of the First Lien Debt and the termination of all lending commitments under the First Lien Debt Documents, unless the continued effectiveness thereof is otherwise confirmed in writing by the Second Lien Lenders prior to such date.
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Waiver of Compliance with Certain Covenants. ARTICLE V SUCCESSOR CORPORATION
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Waiver of Compliance with Certain Covenants. (a) The Banks waive (i) compliance by the Company with the provisions of Sections 5.01(a), 5.01(b), 5.01(c), 5.01(d), 5.08, 5.09, 5.10 and 5.17 of the Credit Agreement on or prior to the Amendment No. 8 Effective Date and (ii) any Default arising under Sections 6.01(c) or 6.01(d) of the Credit Agreement by reason of such noncompliance. (b) Each of the waivers granted pursuant to subsection (a) above shall expire on the earliest of (i) close of business (New York City time) on the last day of the Waiver Period, (ii) the first date on which the Company shall, or shall permit any other Borrower to, breach any of its obligations set forth in Section 18 and (iii) the first date on which an Event of Default shall occur and be continuing under the Credit Agreement. (c) Except as provided in subsection (a) above, this Section 3 shall not
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Waiver of Compliance with Certain Covenants. The undersigned Lenders hereby waive compliance by the Borrower with the provisions of Sections 5.01(l), 5.01(m) and 5.01(n) of the Credit Agreement during the Waiver Period.
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Waiver of Compliance with Certain Covenants. (a) The Banks waive (i) compliance by the Company with the provisions of Section 5.08 of the Credit Agreement and (ii) any Default arising under Section 6.01 (c) of the Credit Agreement by reason of such noncompliance; provided that the waivers granted pursuant to this Section 5(a) shall be effective only so long as Consolidated Net Worth at the last day of any fiscal quarter ended during the Waiver Period will not be less than (i) $425,000,000 plus (ii) 50% of Consolidated Net Income for each fiscal quarter of the Company ended on or after September 30, 1999, for which Consolidated Net Income is positive
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Waiver of Compliance with Certain Covenants. Subject to the satisfaction of the terms and conditions set forth in Section 12 below, the Bank hereby waives compliance by the Original Borrowers with Sections 2.1(f), 4.2, 6.6, 6.7(a), 6.8, 6.14, 6.23(d), 6.23(d), 6.24, 6.26, 7.15, and 7.16 of the Loan Agreement solely for the XXX Xxxx 30, 2000.
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Waiver of Compliance with Certain Covenants. Bank hereby waives: (i) compliance by Borrower of Sections 6.16(a), (c) and (d) of the Agreement on September 30, 1997 and December 31, 1997, and (ii) Section 3(a) of the Credit Succession Agreement insofar as such Section requires a board of directors of three (3) members for Pegasus Medical Group, Inc, and Sierra Primary Care Medical Group, Inc. The waivers set forth hereinabove shall be limited precisely as written and shall not be deemed to (a) be a waiver or modification of any other term or condition of the Agreement or any Loan Document or (b) prejudice any right or remedy which Bank may now have or may have in the future (except to the extent such right or remedy is based upon the foregoing covenant waivers for the dates indicated) under or in connection with the Agreement or any Loan Document. The waivers set forth in this Section 2 shall be effective retroactive to September 1, 1997.
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Related to Waiver of Compliance with Certain Covenants

  • Compliance with Agreements and Covenants Purchaser shall have performed and complied in all material respects with all of its covenants, obligations and agreements contained in this Agreement to be performed and complied with by it on or prior to the Closing Date.

  • Compliance with certain undertakings At the date of this Agreement, the Borrower is in compliance with Clauses 11.2, 11.4, 11.9 and 11.13.

  • Compliance with Agreements and Law Each Restricted Person will perform all material obligations it is required to perform under the terms of each indenture, mortgage, deed of trust, security agreement, lease, franchise, agreement, contract or other instrument or obligation to which it is a party or by which it or any of its properties is bound. Each Restricted Person will conduct its business and affairs in compliance with all Laws applicable thereto.

  • Compliance with FCPA Each of the Credit Parties and their Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. None of the Credit Parties or their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to such Credit Party or its Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

  • Compliance with Consolidation Provisions The Company will not, while any of the Securities remain Outstanding, consolidate with or merge into any other Person, in either case where the Company is not the survivor of such transaction, or sell or convey all or substantially all of its property to any other Person unless the provisions of Article Ten hereof are complied with.

  • Compliance with Terms Such Grantor will perform and comply with all obligations in respect of the Collateral owned by it and all agreements to which it is a party or by which it is bound relating to such Collateral.

  • Compliance with Agreement Buyer shall have performed and complied in all material respects with all of its obligations under this Agreement which are to be performed or complied with by it prior to or on the Closing Date.

  • Compliance with Agreements Promptly and fully comply with all Contractual Obligations to which any one or more of them is a party, except for any such Contractual Obligations (a) the nonperformance of which would not cause a Default or Event of Default, (b) then being contested by any of them in good faith by appropriate proceedings, or (c) if the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • Compliance with Xxxxx Xxxxx and Related Act requirements. All rulings and interpretations of the Xxxxx- Xxxxx and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

  • Compliance with Conditions All of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document required to be complied with and performed by Seller on or prior to the Closing Date shall have been duly complied with and performed in all material respects.

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