WAIVER TO THE LOAN AGREEMENT Sample Clauses

WAIVER TO THE LOAN AGREEMENT. Each of the Administrative Agent and each Managing Agent party hereto hereby waives any Event of Termination (the “Existing Event of Termination”) that may have occurred under Section 7.01 of the Loan Agreement prior to the date hereof solely as a result of any failure by the Borrower to have at least three managers as required by Section 5.01(i)(vi) of the Loan Agreement
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WAIVER TO THE LOAN AGREEMENT. Upon the Seventh Amendment Effective Date, the parties agree to certain waivers as follows:
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WAIVER TO THE LOAN AGREEMENT. 2.1 The Agent and the Lenders hereby waive the requirement under Section 7.2(a) of the Loan Agreement that the financial statements referred to therein for the Fiscal Year of Spiegel ended December 28, 2002 be delivered to the Agent and the Lenders within 90 days after the close of such Fiscal Year; provided, that the Loan Parties shall have delivered to the Agent and the Lenders (i) on or prior to April 15, 2003 consolidated unaudited balance sheets and consolidated unaudited statements of operations, cash flow and of stockholders' equity for Spiegel and its consolidated Subsidiaries for such Fiscal Year and unaudited balance sheets and unaudited statements of operations, cash flow and of stockholders' equity for each of Xxxxx Xxxxx, Catalog and Newport for such Fiscal Year, setting forth in each case in comparative form figures for the previous Fiscal Year, all in reasonable detail, fairly presenting the financial position and the results of operations of Spiegel and its consolidated Subsidiaries (or of Xxxxx Xxxxx, Catalog or Newport, as the case maybe) as at the date thereof and for the Fiscal Year then ended and prepared in accordance with GAAP, together with the certificate required by the last sentence of such Section 7.2(a) for such statements of Xxxxx Xxxxx, Catalog and Newport (instead of the consolidating statements for Spiegel and its consolidated Subsidiaries) and additionally for such consolidated statements and (ii) as soon as available, the financial statements referred to in clause (x) of such Section 7.2(a) for such Fiscal Year. The parties hereto acknowledge that, without limiting the definition of Subsidiary, references to consolidated Subsidiaries with respect to the above consolidated unaudited financial statements includes, without limitation, the Excluded Subsidiaries.
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WAIVER TO THE LOAN AGREEMENT. Borrower acknowledges that certain Events of Default exist (or may arise) under Section 11.1 of the Loan Agreement as a result of (a) Borrower's failure to deliver annual audited financial statements for the year ending December 31, 2006 as required by that certain Limited Waiver to Loan and Security Agreement dated as of April 30, 2007 among the parties hereto, (b) Borrower's failure to provide notice of default under the Indenture for failure to provide the audited financial statements for the year ending December 31, 2006 and unaudited financial statements for the fiscal quarter ending March 31, 2007 (and related public filings) as required by Section 10.1.3
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WAIVER TO THE LOAN AGREEMENT. Borrower acknowledges that a certain Event of Default exists under Section 11.1 of the Loan Agreement as a result of Borrower's failure to provide notice of default under the Indenture for failure to provide the unaudited financial statements for the fiscal quarter ending March 31, 2007 (and related public filings) as required by Section 10.1.3(c) of the Loan Agreement (the "Specified Event of Default"). Immediately upon the satisfaction of each of the conditions precedent set forth in Section 2 below, the Agent and Required Lenders hereby waive the Specified Event of Default; PROVIDED, that Borrower shall deliver the unaudited financial statements for the fiscal quarter ending March 31, 2007 (and all related public filings) required by the Indenture and cure any related defaults thereunder by no later than July 20, 2007, the failure of which shall cause such waiver to be terminated and result in such Specified Event of Default continuing to exist under the Loan Agreement. The foregoing is a limited waiver and shall not constitute a waiver of any other Default or Event of Default that may exist or arise or constitute a waiver or modification to any other term or condition set forth in the Loan Agreement.
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WAIVER TO THE LOAN AGREEMENT. This FOURTH LIMITED WAIVER TO THE LOAN AGREEMENT (as defined below) (as defined below), dated as of March 18, 2016 (this “Fourth Waiver”), is by and among Eagle Bulk Shipping Inc., a corporation incorporated and existing under the laws of the Republic of the Xxxxxxxx Islands (the “Borrower”), the companies party to the Loan Agreement as guarantors, each a limited liability company formed and existing under the laws of the Republic of the Xxxxxxxx Islands (collectively, the “Guarantors” and, together with the Borrower, the “Obligors”, and any one of them, individually, an “Obligor”), the banks and financial institutions party to the Loan Agreement as “Lenders” identified on the signature pages hereto and party to the Forbearance and Waiver Agreement as “Specified Lenders” (such parties, constituting the Majority Lenders under and as defined in the Loan Agreement and all of the “Specified Lenders” under and as defined in the Forbearance and Waiver Agreement, collectively, the “Specified Lenders”, and any one of them, individually, a "Specified Lender"), ABN AMRO Capital USA LLC, as agent for the Lenders (in such capacity, the “Agent”), and ABN AMRO Capital USA LLC, as security trustee for the Lenders (in such capacity, the “Security Trustee” and together with the Agent, the Specified Lenders and the Obligors, collectively, the “Parties”, and any one of them, individually, a “Party”).
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Related to WAIVER TO THE LOAN AGREEMENT

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • of the Loan Agreement Section 14.1.1(c)(iii) of the Loan Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment of Loan Agreement The Loan Agreement is hereby modified and amended as follows:

  • Loan Agreement This Agreement duly executed by Borrower and Lender.

  • Contents of Agreement; Amendment and Assignment (a) This Agreement sets forth the entire understanding between the parties hereto with respect to the subject matter hereof and cannot be changed, modified, extended or terminated except upon written amendment approved by the Board and executed on its behalf by a duly authorized officer of the Company and by Executive. (b) All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto, except that the duties and responsibilities of Executive under this Agreement are of a personal nature and shall not be assignable or delegatable in whole or in part by Executive. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization or otherwise) to all or substantially all of the business or assets of the Company, within 15 days of such succession, expressly to assume and agree to perform this Agreement in the same manner and to the same extent as the Company would be required to perform if no such succession had taken place.

  • Waivers; Amendment; Joinder Agreements (a) No failure or delay on the part of any party hereto in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by Section 5.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be terminated, waived, amended or modified (other than pursuant to any Joinder Agreement) except pursuant to an agreement or agreements in writing entered into by each Authorized Representative and each Collateral Agent (and with respect to any such termination, waiver, amendment or modification which by the terms of this Agreement requires the Company’s consent or which increases the obligations or reduces the rights of the Company or any other Grantor, with the consent of the Company). (c) Notwithstanding the foregoing, without the consent of any First-Lien Secured Party, any Authorized Representative may become a party hereto by execution and delivery of a Joinder Agreement in accordance with Section 5.13 and upon such execution and delivery, such Authorized Representative and the Additional First-Lien Secured Parties and Additional First-Lien Obligations of the Series for which such Authorized Representative is acting shall be subject to the terms hereof and the terms of the Additional First-Lien Security Documents applicable thereto. (d) Notwithstanding the foregoing, without the consent of any other Authorized Representative or First-Lien Secured Party, the Collateral Agents may effect amendments and modifications to this Agreement to the extent necessary to reflect any incurrence of any Additional First-Lien Obligations in compliance with the Credit Agreement and the other Secured Credit Documents.

  • Modifications to Loan Agreement 1. The Loan Agreement shall be amended by deleting the following definition appearing in Section 13.1 thereof:

  • Amendment to the Credit Agreement Effective as of the date of satisfaction of the conditions precedent set forth in Section 2 below (the “Amendment No. 1 Effective Date”), the parties hereto agree that the Credit Agreement is hereby amended as follows:

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