Waiver of Mandatory Prepayment. The Required Lenders hereby waive the requirements set forth in Section 4.2(c) of the Credit Agreement with respect to Excess Cash Flow for the fiscal year ending December 31, 2010; provided that, notwithstanding the foregoing, the Borrower shall comply with the requirements set forth in Section 4.2(c) of the Credit Agreement (i) if either the Armadillo Acquisition or the Iguana Acquisition is not consummated prior to June 30, 2011, in which case the Excess Cash Flow Application Date in respect of such fiscal year shall be June 30, 2011 or (ii) following any earlier termination or abandonment of either the Armadillo Acquisition or the Iguana Acquisition, in which case such Excess Cash Flow Application Date shall be no later than the later of (a) five Business Days after the date of such termination or abandonment and (b) the date it would otherwise be under Section 4.2(c) of the Credit Agreement. [**] - Confidential or proprietary information redacted.
Waiver of Mandatory Prepayment. The Lenders hereby waive ---------- ------------------------------ the provisions of Section 4.4(j) of the Credit Agreement, to the extent such -------------- Section would -8- otherwise be applicable, in an amount not to exceed $35,000,000, with respect to amounts received by the Borrower or any of its Subsidiaries as a purchase price adjustment in connection with Nippon Polyurethane Industry Co. Ltd. (the "NPIC ---- Purchase Price Adjustment"). --------------------------
Waiver of Mandatory Prepayment. Subject to the satisfaction of the conditions set forth in Section 3.1, the Lenders hereby waive compliance by the Borrower with the provisions of clause (c) of Section 3.1.1 of the Credit Agreement solely in connection with the Stock Purchase Agreements.
Waiver of Mandatory Prepayment. As of the Second Amendment Effective Date, the Requisite Lenders hereby waive the requirement under section 2.9 of the Credit Agreement that the Borrowers prepay the Loans (or provide cash collateral in respect of Letters of Credit) from any Net Cash Proceeds of issuance of the Senior Second Lien Notes.
Waiver of Mandatory Prepayment. Consent is hereby given to waive any mandatory prepayment that would be required in connection with the receipt by the Borrower or any Subsidiary of any Net Cash Proceeds from any Specified Disposition for which consent is provided pursuant to Section 2.1, notwithstanding the requirements set forth in Section 2.05(b)(ii) of the Credit Agreement.
Waiver of Mandatory Prepayment. [NOTE: BOX BELOW TO BE CHECKED IF LENDER SIGNATORY WISHES TO WAIVE ALL OF ITS PRO RATA SHARE OF ANY MANDATORY PREPAYMENT OF TERM LOANS WHICH IS TO BE MADE ON THE AMENDMENT NO. 2 CLOSING DATE PURSUANT TO SECTION 2.13(d) OF THE TERM LOAN AGREEMENT (AS AMENDED BY AMENDMENT NO. 2)] ¨ The Lender Signatory, pursuant to Section 2.13(h) of the Term Loan Agreement (as amended by Amendment No. 2), hereby waives all of its pro rata share of any mandatory prepayment of Term Loans which is to be made by the Borrower on the Amendment No. 2 Closing Date pursuant to Section 2.13(d) of the Term Loan Agreement (as amended by Amendment No. 2). This Addendum shall be construed in accordance with and governed by the law of the State of New York. This Addendum may be executed by one or more of the parties hereto on any number of separate counterparts, and all of such counterparts shall be deemed to constitute one and the same instrument. Delivery of an executed signature page hereof by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.
Waiver of Mandatory Prepayment. Upon the occurrence of the Refinancing Transaction, the Administrative Agent and the Requisite Lenders waive, solely in connection with the issuance of the Senior Unsecured Notes (2007), the Borrowers’ obligations to apply 100% of the proceeds of the Senior Unsecured Notes (2007) to the prepayment of outstanding Loans (or provide cash collateral in respect of Letters of Credit) as required under Section 2.9(a)(i).
Waiver of Mandatory Prepayment. Lender hereby waives the mandatory prepayment required by Section 2.5(b) of the Credit Agreement relating to the issuance of 10,500 shares of Series G Preferred Stock of the Parent.
Waiver of Mandatory Prepayment. The Noteholders waive the requirement under Section 10.19 of the Agreement that the Company offer to prepay a portion of the Notes pursuant to Section 8.1(b) in connection with the reduction of the Revolving Credit Facility to $85,000,000 pursuant to the Second Amendment to Credit Agreement (as defined below).
Waiver of Mandatory Prepayment. The Requisite Lenders waive the Borrowers’ obligations to apply 100% of the proceeds of the sale of the Beaumont Properties (or provide cash collateral in respect of Letters of Credit) as required under Section 2.9(a)(i) so long as (i) no Default shall have occurred which is continuing and (ii) 100% of all proceeds arising from such sale are deposited by Terra Capital in a Cash Collateral Account. Such proceeds may thereafter be used by the Borrowers for general corporate purposes in accordance with the Credit Agreement.
