WAIVER OF PENALTIES. The penalties specified in this section shall be regarded as liquidated damages and may be waived or reduced at the discretion of the Administrator in exceptional cases.
WAIVER OF PENALTIES. If the Investor, in its sole and absolute discretion, agrees with the Company on mutually acceptable replacements for Messrs. Cxxxxx and/or Mould, as the case may be, the penalties set forth in Section 4.1 shall be deemed waived by the Investor.
WAIVER OF PENALTIES. SCRA hereby agrees to waive all penalties and out of pocket expenses incurred by Sapinda under the LSA, due under Section 8 of the LSA.
WAIVER OF PENALTIES. Laurus hereby agrees to waive all penalties under Section 2(b)(ii) of the Registration Rights Agreements between the Borrower and Laurus dated June 8, 2005 and September 29, 2004; provided that the Registration Statements described therein are declared effective by the Securities and Exchange Commission by April 30, 2006.
WAIVER OF PENALTIES. Neither party hereto shall be liable for the breach of any provisions of this Agreement caused by or the result of an act of God, civil commotion, fires, floods, legal acts of public authorities, riots, or other acts or conditions over which either of the parties has no control.
WAIVER OF PENALTIES. Any Penalties required under this Section may be rescinded or modified by the Director upon consideration of the totality of the circumstances affecting such noncompliance.
WAIVER OF PENALTIES. Penalties may be waived if withdrawal is due to financial hardship. The penalties will be waived if the withdrawal is made: 1) after the death of the owner/trustee of the term account, 2) for any other ground which the law establishes as a valid condition for the waiver of a pre-payment penalty, such as the owner/trustee’s total disability, 3) on the basis of any permissible early distribution of an IRA recognized by federal law, 4) as an incident of the liquidation of the Credit Union, or 5) after the failure of the Credit Union to pay the dividend within 10 days after the agreed date.
WAIVER OF PENALTIES. Investor hereby waives any and all penalties and liquidated damages accumulated as of the date of this Letter.
WAIVER OF PENALTIES. The Investors hereby agree to waive any and all payments and penalties they might otherwise have been entitled to pursuant to the Registration Default provisions of Section 2(c) of the original terms of the Agreement. All future penalties, if any, resulting from the Company's failure to timely file a Registration Statement pursuant to the amendment set forth in SECTION 2(b) of this Amendment shall be calculated in accordance with SECTION 2(b) of this Amendment.
WAIVER OF PENALTIES. Each Lender that hereby agrees to waive all penalties arising out of Section 2(b)(ii) of the Registration Rights Agreements between the Borrower and such Lenders dated May 31, 2005 and September 29, 2004; provided that the Registration Statements described therein, which must include the Additional Securities, are declared effective by the Securities and Exchange Commission by April 30, 2006.
