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 December 31, 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, NV 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)(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 501 Conestoga Way, Henderson, NV to be consummated on or prior to Axxxxx 00, 0000 xxxxxxx xxxxxxx Xxmpany 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. 6.13 of the Credit Agreement (Leverage Ratio). The Lenders hereby expressly waive any Default arising from the failure to comply with, including any Default attributable to representations and warranties made or affirmed by the Borrower upon any Credit Event regarding compliance with, the requirement of Section 6.13 of the Credit Agreement that the Leverage Ratio for the fiscal quarter ended March 31, 2001 not exceed 5.25 to 1.0.
Waiver of Section. 8.07. Section 8.07 of the Revolving Credit Agreement is hereby waived to the extent required to permit the amendments and modifications to the Facility Documents otherwise contemplated by this Amendment, and the Required Banks expressly consent to this Amendment and the transactions contemplated hereby.
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. 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. 5.01(A). The Lenders hereby waive compliance by the Borrower with the Section 5.01(a) of the Credit Agreement solely with respect to (i) any "going concern" or like qualification or exception attributable solely to the Borrower's pursuit of the Restructuring that may be set forth in the report of the Borrower's independent public accountants with respect to the Borrower's financial statements for the fiscal year ending December 31, 2001 and (ii) any failure by the Borrower to deliver its financial statements for the fiscal year ending December 31, 2001 within 100 days after the end of such fiscal year, provided that such financial statements are delivered in the manner required by Section 5.01(a) (subject to the waiver contained in clause (i) above) within 105 days after the end of such fiscal year, PROVIDED that the waivers contained in this subsection (g) shall be of no force and effect if any Progress Condition has not been satisfied on a timely basis.
