Waiver of Known Existing Defaults. Lender hereby waives enforcement of its rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) and 9.6(g), or any other provision, of the Loan Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Lender shall be a waiver of any rights or remedies Lender has or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender hereby reserves and preserves all of its rights and remedies against Borrower under the Loan Agreement and the other Financing Agreements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Source Interlink Companies Inc), Loan and Security Agreement (Source Interlink Companies Inc)
Waiver of Known Existing Defaults. The Lender hereby waives enforcement of its rights against the Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) and 9.6(g), or any other provision, of the Loan Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of the Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between the Borrower and the Lender shall be a waiver of any rights or remedies the Lender has or may have against the Borrower, except as specifically provided herein. Except as specifically provided herein, the Lender hereby reserves and preserves all of its rights and remedies against the Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 2 contracts
Samples: Credit and Security Agreement (Gardenburger Inc), Credit and Security Agreement (Gardenburger Inc)
Waiver of Known Existing Defaults. The Lender Group hereby waives enforcement of its rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(eSection 3.2(b) and 9.6(g), or any other provision, of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Lender Group or Agent shall be a waiver of any rights or remedies Lender Group has or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender hereby reserves and preserves all of its rights and remedies against Borrower under the Loan Agreement and the other Financing Agreements.provided
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)
Waiver of Known Existing Defaults. Lender Agent and the Lenders hereby waives waive enforcement of its their rights against Borrower Borrowers arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of Borrower Borrowers to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(eSection 6.16(a) and 9.6(g), or any other provision, Section 6.16(b) of the Loan Agreement (as amended or modified by this Amendment)Credit Agreement. This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Agent’s or any Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between any Borrower and Agent or any Borrower and any Lender shall be a waiver of any rights or remedies Agent or any Lender has or may have against any Borrower, except as specifically provided herein. Except as specifically provided herein, Lender Agent hereby reserves and preserves all of its and the Lenders’ rights and remedies against each Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Waiver of Known Existing Defaults. Lender Agent, on behalf of the Lenders, hereby waives enforcement of its and the Lender Group’s rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(eSection 6.16(a)(i) and 9.6(g), or any other provision, of the Loan Credit Agreement (as amended or modified by this Amendment)) or Section 7.9 of the Credit Agreement. This waiver shall be effective only for the specific defaults default comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's Agent’s or any other member of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Agent or any other member of the Lender Group shall be a waiver of any rights or remedies Lender has such Persons have or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender Agent hereby reserves and preserves all of its and the Lender Group’s rights and remedies against Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)
Waiver of Known Existing Defaults. Lender Agent, on behalf of the Lenders, hereby waives enforcement of its and the Lender Group’s rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e5.3 or 6.16(a)(i) and 9.6(g), or any other provision, of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's Agent’s or any other member of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Agent or any other member of the Lender Group shall be a waiver of any rights or remedies Lender has such Persons have or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender Agent hereby reserves and preserves all of its and the Lender Group’s rights and remedies against Borrower under the Loan Credit Agreement and the other Financing Agreements.Loan Documents
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)
Waiver of Known Existing Defaults. Lender hereby waives enforcement the Known Existing Defaults and all of its rights against Borrower Borrowers arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of any Borrower to comply fully with Sections 7.1, 9.6(a)(i9.l(a), 9.6(a)(ii9.l(b), 9.6(e) and 9.6(g9.1(c), or any other provision9.7(a), 9.7(b) 9.7(e), 9.7(f), 9.10 and 10.1(g) of the Loan Agreement (as amended or modified by this Amendment)Agreement. This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between any Borrower and Lender shall be a waiver of any rights or remedies Lender has or may have against any Borrower, except as specifically provided herein. Except as specifically provided herein, Lender hereby reserves and preserves all of its rights and remedies against each Borrower under the Loan Agreement and the other Financing Agreements.
Appears in 1 contract
Waiver of Known Existing Defaults. Except as expressly set forth in this Amendment, the Lender hereby waives enforcement of its rights against the Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of the Borrower to strictly comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) 6.12 and 9.6(g), or any other provision, 6.13 of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of the Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between the Borrower and the Lender shall be a waiver of any rights or remedies the Lender has or may have against the Borrower, except as specifically provided herein. Except as specifically provided herein, the Lender hereby reserves and preserves all of its rights and remedies against the Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Waiver of Known Existing Defaults. Lender Agent and Lenders hereby waives waive enforcement of its their rights against Borrower and remedies arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) 9.17 and 9.6(g), or any other provision, 9.17.2 of the Loan Agreement (as amended or modified by this Amendment)) at any time hereafter or with respect to any period ending after the date hereof. This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Agent’s or any Lender's ’s rights and remedies with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower or Parent and Agent or any Lender shall be a waiver of any rights or remedies Lender has Agent and Lenders have or may have against Borrowerhave, except as specifically provided herein. Except as specifically provided herein, Lender Agent and Lenders hereby reserves reserve and preserves preserve all of its their rights and remedies against Borrower under the Loan Agreement and the other Financing Agreements.
Appears in 1 contract
Samples: Loan and Security Agreement (Commerce Energy Group, Inc.)
Waiver of Known Existing Defaults. Lender Agent and the Lenders hereby waives waive enforcement of its the Lender Group’s rights against Borrower Borrowers arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of any Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) and 9.6(g), or any other provision, Section 5.24 of the Loan Agreement (as amended or modified by this Amendment)Credit Agreement. This waiver shall be effective only for the specific defaults comprising the Know Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's any of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between any Borrower and any member of the Lender Group shall be a waiver of any rights or remedies the Lender Group has or may have against any Borrower, except as specifically provided herein. Except as specifically provided herein, each member of the Lender Group hereby reserves and preserves all of its rights and remedies against each Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Magnetek Inc)
Waiver of Known Existing Defaults. Lender Agent and Lenders hereby waives waive enforcement of its their rights against Borrower and remedies arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e6.3(a) and 9.6(g), or any other provision, (c) and 9.17.2 of the Loan Agreement (as amended or modified by this Amendment)) at any time hereafter or with respect to any period ending after the date hereof. This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Agent’s or any Lender's ’s rights and remedies with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower or Parent and Agent or any Lender shall be a waiver of any rights or remedies Lender has Agent and Lenders have or may have against Borrowerhave, except as specifically provided herein. Except as specifically provided herein, Lender Agent and Lenders hereby reserves reserve and preserves preserve all of its their rights and remedies against Borrower under the Loan Agreement and the other Financing Agreements.
Appears in 1 contract
Samples: Loan and Security Agreement (Commerce Energy Group, Inc.)
Waiver of Known Existing Defaults. Lender Agent and the Lenders hereby waives waive enforcement of its the Lender Group’s rights against Borrower Borrowers arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of any Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) and 9.6(g), or any other provision, Section 6.16 of the Loan Credit Agreement (as amended or modified by this Amendmenthereby). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's any of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between any Borrower and any member of the Lender Group shall be a waiver of any rights or remedies the Lender Group has or may have against any Borrower, except as specifically provided herein. Except as specifically provided herein, each member of the Lender Group hereby reserves and preserves all of its rights and remedies against each Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Magnetek, Inc.)
Waiver of Known Existing Defaults. Lender Agent and the Lenders hereby waives waive enforcement of its their rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e3.2(a) and 9.6(g), or any other provision, 5.3 of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's Agent’s or any other member of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Agent or any other member of the Lender Group shall be a waiver of any rights or remedies Agent or the Lender Group has or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Agent and the Lender Group hereby reserves reserve and preserves preserve all of its their rights and remedies against Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Lexar Media Inc)
Waiver of Known Existing Defaults. The Lender hereby waives enforcement of its rights against the Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other failure of the Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) Section 6.12 and 9.6(g), or any other provision, Section 6.13 of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of the Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between the Borrower and the Lender shall be a waiver of any rights or remedies Lender has or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender hereby reserves and preserves all of its rights and remedies against Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Waiver of Known Existing Defaults. Except as expressly set forth in this Amendment, the Lender hereby waives enforcement of its rights against the Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any failure of the Borrower to strictly comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e) and 9.6(g), or any other provision, Section 6.12 of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of the Lender's ’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between the Borrower and the Lender shall be a waiver of any rights or remedies the Lender has or may have against the Borrower, except as specifically provided herein. Except as specifically provided herein, the Lender hereby reserves and preserves all of its rights and remedies against the Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Waiver of Known Existing Defaults. Lender Agent, on behalf of the Lenders, hereby waives enforcement of its and the Lender Group’s rights against Borrower arising from the Known Existing Defaults; provided, however, nothing herein shall be deemed a waiver with respect to any other or future failure of Borrower to comply fully with Sections 7.1, 9.6(a)(i), 9.6(a)(ii), 9.6(e5.3 and 6.16(a)(i) and 9.6(g), or any other provision, of the Loan Credit Agreement (as amended or modified by this Amendment). This waiver shall be effective only for the specific defaults comprising the Know Known Existing Defaults, and in no event shall this waiver be deemed to be a waiver of enforcement of Lender's Agent’s or any other member of the Lender Group’s rights with respect to any other Defaults or Events of Default now existing or hereafter arising. Nothing contained in this Amendment nor any communications between Borrower and Agent or any other member of the Lender Group shall be a waiver of any rights or remedies Lender has such Persons have or may have against Borrower, except as specifically provided herein. Except as specifically provided herein, Lender Agent hereby reserves and preserves all of its and the Lender Group’s rights and remedies against Borrower under the Loan Credit Agreement and the other Financing AgreementsLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)