Waiver of Section. 6.1(A)(VII) The undersigned Banks, constituting Majority Banks under the Credit Agreement, hereby waive compliance with the provisions of Section 6.1(a)(vii) of the Credit Agreement to the extent, and only to the extent, that such provisions require Company to deliver the information described in Section 6.1(a)(vii) from the period commencing on the Closing Date to and including the date of this Amendment.
Waiver of Section. 9.1 (EBITDA). Effective as of the Effective Date, the Lender hereby waives any Default or Event of Default that may arise by reason of the failure of the Borrower to comply with Section 9.1 of the Credit Agreement for the period through September 30, 2002.
Waiver of Section. 6.11(A)(II) The undersigned Banks, constituting Majority Banks under the Credit Agreement, hereby waive compliance with the provisions of Section 6.11(a)(ii) of the Credit Agreement to the extent, and only to the extent, necessary to permit the sale of the Property located at 000 Xxxxxxxxx Xxx, Xxxxxxxxx, XX to be consummated on or prior to August 31, 2000 without causing Company to be required to deliver the documents described in Section 6.11(a)(ii) promptly following the date that is 90 days after the Closing Date; PROVIDED that, if the sale of such Property is not consummated on or prior to August 31, 2000, Company shall deliver the documents described in Section 6.11(a)(ii) on or prior to September 30, 2000.
Waiver of Section. 8(e). The Lenders hereby waive compliance, until April 30, 2005, by Holdings and any of its Subsidiaries with Section 8(e)(iii) of the Credit Agreement solely with respect to Section 704 of the Senior Note Indenture, provided, that such waiver shall automatically expire if any Indebtedness under the Senior Note Indenture is declared due and payable as a result of any failure to comply with said Section 704.
Waiver of Section. 6.11(A)(III) The undersigned Banks, constituting Majority Banks under the Credit Agreement, hereby waive compliance with the provisions of Section 6.11(a)(iii) of the Credit Agreement to the extent, and only to the extent, necessary to permit the sale of each of the Properties located at (i) 0000 Xxxxxxx Xxxxxx, Xx Xxxx, XX, (ii) 0000 Xxxxxxx Xxxxxx, Fayetteville, AR, (iii) 0000 X.X. Xxxxxxx 00, Xxxxxxxx, XX and (iv) 0000 Xxxx Xxxxxxxx, Xxxxxxxxx, XX to be consummated on or prior to August 31, 2000 without causing Company to be required to deliver the documents described in Section 6.11(a)(iii) (a) promptly following the date that is 120 days after the Closing Date for any such Property with respect to which no contract of sale has been entered into prior to that date or (b) promptly following the date that is 60 days after the execution of any contract of sale for any such Property if the sale has not been consummated on or prior to that date; PROVIDED that, if the sale of any such Property is not consummated on or prior to August 31, 2000, Company shall deliver the documents described in Section 6.11(a)(iii) on or prior to September 30, 2000 with respect to such Property.
Waiver of Section. 7(aa). To the extent repayment by Holdings of ----------------------- up to $2,500,000 in principal amount on the New Subordinated Note in each of March, April and May of 1997 would be deemed to be an Event of Default pursuant to Section 7(aa) of the Credit Agreement, the Agent and the Lenders hereby waive such Event of Default.
Waiver of Section. 10(c). In connection with the execution, delivery and performance of the Series C Purchase Agreement and the Certificate of Designation of the Series C Preferred Stock, the issuance of shares of Series C Preferred Stock to FBR and Wachovia and the issuance of Common Stock as a dividend upon redemption of the Series C Preferred Stock, Creditanstalt hereby waives forever the application of the provisions of Section 10(c) (restricting amendments to Issuer's Certificate of Incorporation) and Section 10(d) (restricting the authorization of additional Common Stock) of
Waiver of Section. 8.1(f). STAR hereby waives Section 8.1(f) of the Merger Agreement. In that regard, the Acquiror acknowledges that, subject to Sections 6.2(k) and 7.3(b) of the Merger Agreement, it has completed its due diligence investigation of the Company.
Waiver of Section. 6(l). The Investor hereby waives compliance with the covenant set forth in Section 6(l) of the Secured Note solely with respect to the transactions contemplated by the Merger Agreement.
Waiver of Section. 2.12 of the Receivables Transfer Agreement. The Committed Purchasers hereby waive noncompliance by the Collection Agent with Section 2.12 of the Receivables Transfer Agreement resulting from the failure of the Collection Agent to deliver Daily Reports to the Administrative Agent on or prior to the date hereof. The Committed Purchasers further agree to waive any Termination Event or Collection Agent Default resulting from such noncompliance. For the avoidance of doubt, the waiver set forth in this paragraph 2 is only applicable to the failure of the Collection Agent to deliver Daily Reports pursuant to Section 2.12 of the Receivables Transfer Agreement on or prior to the date hereof and shall not be construed to be a waiver of the obligation of the Collection Agent to deliver Daily Reports pursuant to such Section after the date hereof. Each of the parties hereto agrees that as of the date hereof no Termination Date or Purchase Termination Date has occurred or is continuing.
