Common use of Waiver of Covenant Default Clause in Contracts

Waiver of Covenant Default. Bank hereby waives Borrower’s Existing Default under the Loan Agreement. Bank’s waiver of Borrower’s compliance of this covenant shall apply only to the foregoing period. Accordingly, hereinafter, Borrower shall be in compliance with this covenant. Bank’s agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. Bank hereby waives Borrower’s Existing Default under the Loan AgreementDefaults. Bank’s waiver of Borrower’s compliance of this covenant these covenants shall apply only to the foregoing periodperiods. Accordingly, hereinafter, Borrower shall be in compliance with this covenantthese covenants as amended herein. Bank’s agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant covenants as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant these covenants as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. 1. Bank hereby waives Borrower’s Existing Default 's existing default under the Loan AgreementAgreement by virtue of Borrower's failure to comply with the Maximum Quarterly Loss covenant as of the quarter ended September 30, 1998. Bank’s 's waiver of Borrower’s 's compliance of this covenant shall apply only to the foregoing period. Accordingly, hereinafterfor the quarter ending December 31, 1998, Borrower shall be in compliance with this covenant, as amended herein. Bank’s 's agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s 's compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s 's right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s 's right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. Bank hereby waives Borrower’s Existing 7/1/12 Reported Default under the Loan Agreement. Bank’s waiver of Borrower’s compliance of this covenant shall apply only to the foregoing periodperiod set forth in the definition of 7/1/12 Reported Default. Accordingly, Borrower was in compliance with such covenant as of the measuring period ended July 29, 2012 and reported by Borrower on August 5, 2012, and hereinafter, Borrower shall be in compliance with this covenant. Bank’s agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. As of and from the time of their occurrence, Bank hereby waives Borrower’s Existing Default Defaults under the Loan AgreementAgreement by virtue of Borrower’s failure to comply with the Liquidity Ratio set forth in Section 6.9(c) of the Loan Agreement as of April 30, 2011 and May 31, 2011. Bank’s waiver of Borrower’s compliance of this covenant shall apply only to the foregoing periodperiods. Accordingly, for all periods except that set forth above and at all times hereinafter, Borrower shall be in compliance with this covenant. Bank’s agreement to waive the above-described default defaults (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. 1. Bank hereby waives Borrower’s Existing Default 's existing default under the Loan AgreementAgreement by virtue of Borrower's failure to comply with the Profitability covenant as of the quarter ended December 31, 1998. Bank’s 's waiver of Borrower’s 's compliance of this covenant shall apply only to the foregoing period. Accordingly, hereinafterfor the quarter ending March 31, 1999, Borrower shall be in compliance with this covenant. Bank’s 's agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s 's compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s 's right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s 's right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. As of and from the time of their occurrence, Bank hereby waives Borrower’s Existing Default Defaults under the Loan AgreementAgreement by virtue of Borrower’s failure to comply with the EBITDA requirement set forth in Section 6.9(b) of the Loan Agreement as of September 30, 2012 and estimated to occur as of October 31, 2012. Bank’s waiver of Borrower’s compliance of this covenant shall apply only to the foregoing periodperiods. Accordingly, for all periods except that set forth above and at all times hereinafter, Borrower shall be in compliance with this covenant. Bank’s agreement to waive the above-described default defaults (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. Bank hereby waives Borrower’s Borrower s Existing Default under the Loan AgreementDefault. Bank’s 's waiver of Borrower’s Borrower 's compliance of this covenant shall apply only to the foregoing period. Accordingly, hereinafteras of period ended January 31, 2006, Borrower shall be in compliance with this covenant, as amended herein. Bank’s 's agreement to waive the above-described default (1l) in no way shall be deemed an agreement by the Bank to waive Borrower’s 's compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s 's right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s 's right to demand strict performance of all other covenants as of any date.

Waiver of Covenant Default. Bank hereby waives Borrower’s Existing Default 's existing default under the Loan AgreementAgreement by virtue of Borrower's failure to comply with the Profitability covenant as of the quarter ended July 1, 2000. Bank’s 's waiver of Borrower’s 's compliance of this covenant shall apply only to the foregoing period. Accordingly, hereinafter, Borrower shall be in compliance with this covenant. Bank’s 's agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s 's compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s 's right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s 's right to demand strict performance of all other covenants as of any date.