Waiver of Designated Event of Default. Anything in the Credit Agreement to the contrary notwithstanding, and subject to the satisfaction or waiver of the conditions precedent set forth in Section 4 hereof, Agent and Lenders hereby (i) waive the Designated Event of Default; provided, however, nothing herein, nor any communications among Parent, any Borrower, any Guarantor, Agent, or any Lender, shall be deemed a waiver with respect to any Events of Default, other than the Designated Event of Default, or any future failure of Parent, any Borrower or any Guarantor to comply fully with any provision of the Credit Agreement or any provision of any other Loan Document, and in no event shall this waiver be deemed to be a waiver of enforcement of any of Agent’s or Lenders’ rights or remedies under the Credit Agreement and the other Loan Documents, at law (including under the Code), in equity, or otherwise including, without limitation, the right to declare all Obligations immediately due and payable pursuant to Section 9.1 of the Credit Agreement, with respect to any other Defaults or Events of Default now existing or hereafter arising. Except as expressly provided herein, Agent and each Lender hereby reserves and preserves all of its rights and remedies against Parent, any Borrower and any Guarantor under the Credit Agreement and the other Loan Documents, at law (including under the Code), in equity, or otherwise including, without limitation, the right to declare all Obligations immediately due and payable pursuant to Section 9.1 of the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Skechers Usa Inc), Credit Agreement (Skechers Usa Inc), Credit Agreement (Skechers Usa Inc)
Waiver of Designated Event of Default. Anything in The provisions of the Credit Financing Agreement and the other Loan Documents to the contrary notwithstanding, and subject to the satisfaction or waiver of the conditions precedent set forth in Section 4 hereof, Agent the Agents and the Required Lenders hereby (i) waive the Designated Event of Default; provided, however, that nothing herein, nor any communications among Parentany Loan Party, any Borrower, any Guarantor, Agent, or any Lender, shall be deemed a waiver with respect to any Events of Default, Default (other than the Designated Event of Default), or any future failure of Parent, any Borrower or any Guarantor Loan Party to comply fully with any provision of the Credit Financing Agreement or any provision of any other Loan Document, and in no event shall this waiver be deemed to be a waiver of enforcement of any of any Agent’s or Lenders’ rights or remedies under the Credit Financing Agreement and the other Loan Documents, at law (including under the CodeUCC), in equity, or otherwise including, without limitation, the right to declare all Obligations immediately due and payable pursuant to Section 9.1 9.01 of the Credit Financing Agreement, with respect to any other Defaults or Events of Default now existing or hereafter arising. Except as expressly provided herein, each Agent and each Lender hereby reserves and preserves all of its rights and remedies against Parent, any Borrower and any Guarantor each Loan Party under the Credit Financing Agreement and the other Loan Documents, at law (including under the CodeUCC), in equity, or otherwise including, without limitation, the right to declare all Obligations immediately due and payable pursuant to Section 9.1 9.01 of the Credit Financing Agreement.
Appears in 2 contracts
Samples: Financing Agreement (Limbach Holdings, Inc.), Abl Financing Agreement (Limbach Holdings, Inc.)