Waiver of Section 8. 01(a) (Financial Condition) of the Credit Agreement. From the Waiver Effective Date up to, and including, December 31, 2007, or such other later date as may be agreed between the parties to this Agreement (the “Waiver Termination Date”), the Required Lenders in accordance with Section 13.02 of the Credit Agreement, hereby waive compliance by the Borrower with the financial condition covenant set forth Section 8.01(a) of the Credit Agreement.
Waiver of Section 8. 14(b). To the extent it would otherwise be required to comply, the parties agree that EVEP Redbird shall not be required to comply with Section 8.14(b) while it remains obligated to pay the Debt permitted to be incurred under Section 9.02(g).
Waiver of Section 8. 14(a). Notwithstanding anything in Section 8.14(a) to the contrary, the Borrower or its Subsidiaries shall have 60 days after the First Amendment Effective Date (or such later date as the Majority Lenders may agree) to deliver additional Mortgages required as a result of the amendments made by this Amendment.
Waiver of Section 8. 03. Subject to the representation in Section 2.4 above, the Holders hereby acknowledge and agree that the transactions constituting the Contemplated Restructuring shall not constitute a Change of Control under the Note Purchase Agreement. Accordingly, the Holders waive any right they may have under the Note Purchase Agreement or the Notes resulting from a Change of Control by virtue of the Contemplated Restructuring, including any right to require the Company to prepay the Notes pursuant to Section 8.03. The waiver contained in this Section 4.1 is expressly limited to the Contemplated Restructuring, and no waiver is given hereby for any other transaction.
Waiver of Section 8. 9. So long as no Credit Party shall have a fee interest in the Newtxx Xxxperty, the Lenders agree not to take a Lien in the Newtxx Xxxperty as required pursuant to the terms of Section 8.9 of the Existing Credit Agreement or as contemplated by the terms of Section 2 of the Security Agreement.
Waiver of Section 8. 1. The Borrowers request the Majority Lenders --------------------- waive certain provisions of Section 8.1 (Events of Default) with respect to the ----------------- issuance of certain Convertible Notes by the Parent. The Majority Lenders hereby waive the requirement in subsection 8.1(q) solely with respect to the proceeds of the issuance of Convertible Notes after the Agreement Date; provided, however, that the Parent contribute as equity to the Borrowers an -------- ------- amount equal to the net cash proceeds thereof less an amount equal to scheduled payments of interest on such Convertible Notes through October 15, 2001, which amount shall be placed in an escrow account on terms and conditions substantially similar to the Interest Reserve and shall be deemed to be Interest Reserve for all purposes under the Loan Agreement.
Waiver of Section 8. 1(9) Condition Regarding the arrêté d’autorisation d’exploiter. In consideration of the agreement by Nortel Networks S.A. to provide undertakings to Flextronics Chateaudun SNC for certain costs, as set forth in Section 1.4 of the France APA, the Purchaser hereby waives the condition that the arrêté d’autorisation d’exploiter and any arrêtés complementaires for the Chateaudun Facility be delivered at the Closing.
Waiver of Section 8. 2.3 (Liens). The Agent and the Required Lenders hereby waive any violation of Section 8.2.3 of the Credit Agreement occurring as a result of the granting by Calpine Gilroy of the Gilroy Plant Lien and the Calpine Note Pledge (each as defined in the letter from the Borrower attached hereto as Exhibit A, the "Gilroy Waiver Request Letter").
Waiver of Section 8. 9. The Administrative Agent and the Lenders hereby waive compliance with the provisions of Section 8.9 to the extent said provisions would require (a) the Capital Stock of MCS to be pledged as Collateral under the Guarantee and Collateral Agreement or (b) MCS to become a party to the Guarantee and Collateral Agreement, grant a security interest in any of its Property or become a Subsidiary Guarantor.
Waiver of Section 8. 02. Section 8.02 of the Credit Agreement, which restricts the ability of the Parent, Borrower or any Subsidiary from selling, assigning, farming-out, conveying or otherwise transferring any Oil and Gas Property included in the most recently delivered Reserve Report (or any other asset constituting Collateral) unless otherwise permitted in accordance with Section 8.02 of the Credit Agreement, is hereby waived insofar, and only insofar, as necessary to permit Borrower to consummate the exchange of the Acreage Trade Properties in accordance with the Acreage Trade Agreement.
