WAIVERS AND AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENTS AND OUTSTANDING NOTES Sample Clauses

WAIVERS AND AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENTS AND OUTSTANDING NOTES. Section 1.1. Upon satisfaction of the conditions set forth in Section 2 hereof, the Noteholders hereby waive compliance (from and after September 30, 2000 to and including September 29, 2001), and the effects of non-compliance (from and after September 30, 2000 to and including September 29, 2001), by the Company with Section 10.5 of the Existing Note Purchase Agreements to the extent that the Fixed Charges Coverage Ratio is less than the respective ratio set forth opposite each date set forth below in the following table: Minimum Fixed Charges Fiscal Quarter End Coverage Ratio ------------------- ---------------------- September 30, 2000 1.50x December 31, 2000 1.50x March 31, 2001 1.75x June 30, 2001 2.0x For the avoidance of doubt, the Company specifically understands and acknowledges that the waiver set forth above does not extend to any Default or Event of Default under Section 10.5 for the quarter ended September 30, 2001. The Company understands and agrees that the waivers contained in this Section 1.1 pertain only to the Defaults and Events of Default herein described and only to the extent so described and not to any other Default or Event of Default which may exist under, or any other matters arising in connection with, the Existing Note Purchase Agreements or to any rights which the Noteholders have arising by virtue of any such other actions or matters. Section 1.2. Section 1.2 of each of the Existing Amended and Restated Note Purchase Agreements shall be and is hereby amended and restated to read as follows:
Sample 1
AutoNDA by SimpleDocs
WAIVERS AND AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENTS AND OUTSTANDING NOTES. Section 1.1. Upon satisfaction of the conditions set forth in Section 2 hereof, the Noteholders hereby waive compliance (from and after March 31, 2000 to and including September 29, 2000), and the effects of non-compliance (from and after March 31, 2000 to and including September 29, 2000), by the Company with Section 10.5 of the Existing Note Purchase Agreements to the extent that the Fixed Charges Coverage Ratio is less than 1.25x. For the avoidance of doubt, the Company specifically understands and acknowledges that the waiver set forth above does not extend to any Default or Event of Default for the quarter ended September 30, 2000.
Sample 1

Related to WAIVERS AND AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENTS AND OUTSTANDING NOTES

  • Amendments to Existing Credit Agreement Effective on (and subject to the occurrence of) the Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so amended, the Existing Credit Agreement shall continue in full force and effect.

  • Amendments to Note Purchase Agreement Subject to the satisfaction of the conditions precedent set forth herein and in reliance on the representations, warranties and covenants of the Companies set forth herein and in the Note Purchase Agreement, each party hereto hereby agrees that the Note Purchase Agreement be and hereby is, amended as follows:

  • Amendments to the Existing Credit Agreement Upon, and subject to, the satisfaction or waiver in accordance with Section 9.02 of the Existing Credit Agreement of the conditions precedent set forth in Section 2 below, the Existing Credit Agreement is hereby amended as follows: (a) The following new definition is included in Section 1.01 of the Existing Credit Agreement in the proper alphabetical order as follows:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

  • Modifications, Amendments and Waivers This Agreement may not be modified or amended, or any provision thereof waived, except in a writing signed by all the parties to this Agreement.

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

  • 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.

  • Loan Document Pursuant to Existing Credit Agreement This Amendment is a Loan Document executed pursuant to the Existing Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement, as amended hereby, including Article IX thereof.

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

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!