Waiver Regarding Performance to Plan Covenant Clause Samples

Waiver Regarding Performance to Plan Covenant. Reference is made to the fact that the Section 6.9(b) of the Prior LSA contained a requirement that Borrower’s monthly net revenue equal or exceed certain projections and that Borrower failed to satisfy’ such requirements with respect to December 2009, January 2010, February, 2010 and March, 2010 (if the Effective Date is after March 31, 2010). Bank hereby waives any Default or Event of Default that may have occurred as a result of such failure.