Waiver of Specified Events of Default. Notwithstanding the provisions of the Credit Agreement to the contrary, the Agent and the Lenders hereby agree to extend the 2016 Audit Covenant Waiver Deadline, extend the April EBITDA Waiver Deadline, extend the June EBITDA Waiver Deadline, extend the July EBITDA Waiver Deadline, extend the August EBITDA Waiver Deadline, waive the September EBITDA Event of Default and waive the Anticipated Event of Default until the date (the “Waiver Deadline”) that is the earliest of (a) the occurrence and continuation of an Event of Default other than any Specified Event of Default, (b) January 15, 2018 and (c) the termination of the Merger Agreement in accordance with its terms. On the date constituting the Waiver Deadline, the Specified Events of Default will be reinstated as if the waiver set forth above had never been provided and failure of the Parent Borrower to be in compliance therewith shall constitute an immediate Event of Default.
Waiver of Specified Events of Default. The Bank hereby waives and elects to forego exercising rights and remedies in respect of the Specified Events of Default. Except as expressly set forth herein with respect to the Specified Event of Default, nothing in this Modification constitutes or shall be deemed to constitute a waiver of any of the rights or remedies of the Bank under the terms of the Loan Agreement, any Guaranty or applicable law, all of which are hereby reserved. The Bank is not waiving any Default or Event of Default other than the Specified Event of Default. Except as provided herein, all terms, conditions and covenants set forth in the Loan Documents shall remain unaffected and in full force and effect.
Waiver of Specified Events of Default. The Agents and the Required Lenders hereby waive the Specified Events of Default. The Loan Parties acknowledge and agree that:
(a) The foregoing waiver is a one-time waiver and shall not be deemed to constitute a waiver of any other Event of Default or a waiver of any other requirement of the Credit Agreement with respect to any other circumstance, including, without limitation, any failure by the Loan Parties to comply with the financial performance covenants or other covenants set forth in Sections 5.01, 6.01, 6.04 or 6.08.
(b) The consent and waiver provided above shall not take effect upon the execution of this Agreement, and shall only take effect upon satisfaction of each and all of the requirements of Section 2, below.
Waiver of Specified Events of Default. The Lenders hereby agree, subject to the terms and conditions of this Amendment, to waive the Specified Events of Default. The foregoing limited waiver shall be deemed to be effective as of the date of the occurrence of the Specified Events of Default.
Waiver of Specified Events of Default. Effective as of the Effective Date (as defined in Section III hereof) and subject to the provisions of Section I-B (Consent to Extension of Delivery Date) hereof and the satisfaction (or due waiver) of the conditions set forth in Section III (Conditions Precedent to Effectiveness) hereof, the Administrative Agent and the Requisite Lenders hereby waive the Specified Events of Default until July 17, 2007; provided, however, that the waiver set forth in this Section I shall not excuse any failure to comply with any other provision of the Credit Agreement or other Credit Documents.
Waiver of Specified Events of Default. Subject to the satisfaction of the conditions precedent set forth in Section 8 below, Lender hereby waives, to the extent the Specified Events of Default constitute Events of Default under the Loan Agreement after giving effect to the waiver received by the Borrower from the Comvest Parties, the Specified Events of Default, provided, however, to the extent that the Limited Waiver constitutes a conditional waiver of such defaults, this waiver shall be conditional and shall be revoked on the same terms and conditions as in the Limited Waiver.
Waiver of Specified Events of Default. Subject to the terms and conditions hereof, Xxxxx Fargo hereby waives the Specified Events of Default.
Waiver of Specified Events of Default. The Lenders hereby agree, subject to the terms and conditions of this Amendment, to waive (a) the Indebtedness Event of Default to the extent such Event of Default occurred prior to the Fifth Amendment Effective Date, (b) the Preferred Issuance Event of Default, (c) the Asset Coverage Ratio Event of Default, but only with respect to each Asset Coverage Test Date occurring during the period from the Fourth Amendment Effective Date through (but excluding) the April 30, 2015 Asset Coverage Test Date, (d) without limiting the obligations of the Borrower under Section 8.16(f) of the Credit Agreement, as amended hereby, the North Fork Documentation Event of Default, (e) the Restricted Payment Event of Default, and (f) the First Lien Cross Defaults.
Waiver of Specified Events of Default. Notwithstanding the provisions of the Credit Agreement to the contrary, and subject to the satisfaction of the conditions precedent set forth in Section 4 below, Agent and Xxxxxxx hereby waive the Specified Events of Default. This waiver shall be effective only to the extent specifically set forth herein and shall not (i) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein, nor as a waiver of any breach, Default or Event of Default of which the Agent and Lenders have not been informed by the Borrower, (ii) affect the right of the Agent or the Lenders to demand compliance by the Borrower with all terms and conditions of the Credit Agreement and the Loan Documents, except as specifically modified or waived by this Amendment, (iii) to be deemed a waiver of any transaction or future action on the part of the Borrower requiring the Agent or Lenders’ consent or approval under the Credit Agreement and the Loan Documents or obligate Agent or any Lender to grant any future waiver with respect to any Default or Event of Default, or (iv) be deemed or construed to be a waiver or release of, or a limitation upon, the 166725.01003/150285450v.2 Agent or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any Loan Document, whether arising as a consequence of any Default or Event of Default (other than the Specified Events of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.
Waiver of Specified Events of Default. The Agents and the Required Lenders hereby waive the Specified Events of Default. The Loan Parties acknowledge and agree that:
(a) The foregoing waiver is a one-time waiver and shall not be deemed to constitute a waiver of any other Event of Default or a waiver of any other requirement of the Credit Agreement with respect to any other circumstance, including without limitation, any failure by the Loan Parties to comply with the financial performance covenants relating to Minimum Consolidated EBITDA and Capital Expenditures for any other period, or any other financial performance covenant.
(b) The consent and waiver provided above shall not take effect upon the execution of this Agreement, and shall only take effect upon satisfaction of each and all of the requirements of Section 2, below.
