Common use of Waiver of Existing Event of Default Clause in Contracts

Waiver of Existing Event of Default. Subject to the terms and conditions contained herein, upon the effectiveness of this Amendment, Agent and Lenders hereby waive the Existing Event of Default; provided, however that such waiver shall in no way constitute a waiver of any other Defaults or Events of Default which may have occurred but which are not specifically referenced as the Existing Event of Default, nor shall this waiver obligate Agent or Lenders to provide any further waiver of any other Default or Event of Default (whether similar or dissimilar, including any further Default or Event of Default resulting from a failure to comply with the terms of the Loan Agreement). Other than in respect of the Existing Event of Default, this waiver shall not preclude the future exercise of any right, power, or privilege available to Agent or Lenders whether under the Loan Agreement, the Other Documents or otherwise. Agent and Lenders have not been advised by the Borrowers of the existence of, and is not otherwise aware of, any Defaults or Events of Default other than the Existing Event of Default, and the Borrowers have represented to Agent and Lenders that no Default or Event of Default, other than the Existing Event of Default, has occurred and is continuing under any of the Loan Documents.

Waiver of Existing Event of Default. Subject to the terms and conditions contained herein, upon the effectiveness of this Amendment, Agent and Lenders hereby waive the Existing Event of Default; provided, however that such waiver shall in no way constitute a waiver of any other Defaults or Events of Default which may have occurred but which are not specifically referenced as the Existing Event of Default, nor shall this waiver obligate Agent or Lenders any Lender to provide any further waiver of any other Default or Event of Default (whether similar or dissimilar, including any further Default or Event of Default resulting from a failure to comply with the terms of the Loan Agreement). Other than in respect of the Existing Event of Default, this waiver shall not preclude the future exercise of any right, power, or privilege available to Agent or and Lenders whether under the Loan Agreement, the Other Documents or otherwise. Agent and Lenders have not been advised by the Borrowers of the existence of, and is are not otherwise aware of, any Defaults or Events of Default other than the Existing Event of Default, and the Borrowers have represented to Agent and Lenders that no Default or Event of Default, other than the Existing Event of Default, has occurred and is continuing under any of the Loan Documents.

Waiver of Existing Event of Default. Subject to the terms and conditions contained herein, upon the effectiveness of this Amendment, Agent and Lenders The Bank hereby waive waives the Existing Event of Default; providedDefault for the period prior to the date of this Amendment. Notwithstanding the foregoing, however that such neither the Bank’s waiver shall in no way constitute a waiver of any other Defaults or Events of Default which may have occurred but which are not specifically referenced as the Existing Event of Default, nor shall this waiver obligate Agent or Lenders to provide any further waiver of any other Default or Event of Default (whether similar or dissimilar, including any further Default or Event of Default resulting from a failure to comply with the terms of the Loan Agreement). Other than in respect of the Existing Event of DefaultDefault nor any communication between the Bank, this the Borrowers or any party’s respective officers, agents, employees or representatives shall be deemed to constitute a waiver shall not preclude the future exercise of (i) any right, power, or privilege available to Agent or Lenders whether Event of Default existing under the Loan AgreementDocuments, whether now existing or hereafter arising under the Other Documents or otherwise. Agent and Lenders have not been advised by the Borrowers of the existence of, and is not otherwise aware of, any Defaults or Events of Default other than the Existing Event of Default, and the Borrowers have represented to Agent and Lenders that no Default or Event of DefaultLoan Documents, other than the Existing Event of Default; (ii) the ongoing obligation of the Borrowers to comply with the Loan Agreement and the other Loan Documents as amended hereby; or (iii) any rights or remedies which the Bank has against the Borrowers under the Loan Agreement, the other Loan Documents and/or applicable law, with respect to Events of Default, other than rights and remedies which directly result from the occurrence and existence of the Existing Event of Default. The Bank hereby reserves and preserves all of its rights and remedies against the Borrowers under the Loan Agreement and other Loan Documents and under applicable law, other than the right to declare an Event of Default or exercise remedies based upon the occurrence and existence of the Existing Event of Default, including, without limitation, the right to declare an Event of Default and exercise remedies should an Event of Default presently exist which has occurred not been disclosed to the Bank by the Borrowers and which is continuing under not part of the defined “Existing Event of Default” or should an Event of Default occur after the date of this Amendment (including any Events of Default that may occur based upon violations after the date hereof of the section of the Loan DocumentsAgreement which were violated in connection with the Existing Event of Default).

Waiver of Existing Event of Default. Subject (a) Each Borrower hereby acknowledges and agrees that the “Existing Event of Default” (as such term is defined in the Notice of Default) has occurred and is continuing, and constitutes an Event of Default and, entitles Lenders to cease making and providing Revolving Loans, Letters of Credit and other financial and credit accommodations otherwise available under the terms Loan Agreement and conditions contained hereinthe other Financing Agreements and to exercise their other rights and remedies under the Financing Agreements, upon the effectiveness of this Amendment, applicable law or otherwise. Agent and Lenders hereby waive have agreed that upon the satisfaction of the conditions precedent set forth in Section 11 below, the Existing Event of Default shall be deemed waived. (b) Agent and Lenders have not waived, and are not by this Amendment waiving and have no intention of waiving, any Defaults or Events of Default (other than the Existing Event of Default; provided, however ) that such waiver shall in no way constitute a waiver of have occurred or which may be continuing on the date hereof or any other Defaults or Events of Default which may have occurred but which are not specifically referenced as occur after the date hereof (whether the same or similar to the Existing Event of Default, nor shall this waiver obligate Agent or Lenders to provide any further waiver of any other Default or Event of Default (whether similar or dissimilar, including any further Default or Event of Default resulting from a failure to comply with the terms of the Loan Agreement). Other than in respect of the Existing Event of Default, this waiver shall not preclude the future exercise of any right, power, or privilege available to Agent or Lenders whether under the Loan Agreement, the Other Documents Defaults or otherwise. ), and, Agent and Lenders have not been advised by the Borrowers agreed to forbear with respect to any of the existence of, and is not otherwise aware of, its rights or remedies concerning any Defaults or Events of Default other than the Existing Event of Default, and the Borrowers which may have represented to Agent and Lenders that no Default occurred or Event of Default, other than the Existing Event of Default, has occurred and is are continuing under any as of the Loan Documentsdate hereof or which may occur after the date hereof.