Waivers of Defaults. A waiver by any Party of any default by the ------------------- other Party of any provision of this Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the waiving Party.
Waivers of Defaults. 19 9.9 Amendments ..................................................... 19 9.10 Interpretation ................................................. 19 9.11
Waivers of Defaults. The Holder hereby acknowledges that since the Second Closing the Company has failed to perform certain obligations under the Transaction Documents, all as set forth on Schedule 1(c) attached hereto. As such, the Holder hereby expressly waives each default or Event of Default under any Transaction Document resulting from one or more of the failures set forth on Schedule 1(c).
Waivers of Defaults. (a) Subject to the representations and warranties herein contained the Agent and the Banks hereby waive the Event of Default arising from the Borrowers' failure to pay the principal amount of the Loans due and payable on September 30, 1998. E9 5
(b) Based upon the 1998 Draft Financial Statements, the Banks and the Agent hereby waive the defaults in the Borrowers' observance of the covenants set in Section 6.08 of the Credit Agreement as at and for the fourth quarter ended December 31, 1998, provided that such waiver shall only be effective to the extent the Borrowers' and the Guarantor's audited financial statements as at such date and for such period are consistent with the draft 1998 Financial Statements.
Waivers of Defaults. (A) The Lenders hereby waive as of December 31, 1997, all Events of Default under the Loan Agreement arising by reason of the Borrowers' failure to satisfy the covenants set forth in Section 5.03(a) and Section 5.05(a) of the Loan Agreement for the Fiscal Quarter and Fiscal Year ending December 31, 1997.
(B) The Lenders hereby waive as of March 31, 1998, all Events of Default under the Loan Agreement arising by reason of the Borrowers' failure to satisfy the covenants set forth in Section 5.03(a) and Section 5.03(b) of the Loan Agreement for the Fiscal Quarter ending March 31, 1998.
(C) The waivers set forth in this Section 3 are expressly limited to the covenant defaults and time periods set forth in this Section 3, and no waiver of any other or further Events of Default under the Loan Agreement is granted hereby.
Waivers of Defaults. Upon Implementation of the Proposal, all Persons shall be deemed to have waived any and all defaults of the Company then existing or previously committed by the Company, or caused by the Company, by any of the provisions in the Proposal or steps contemplated in the Proposal, or non-compliance with any covenant, warranty, representation, term, provision, condition or obligation, expressed or implied, in any contract, instrument, credit document, indenture, note, lease, guarantee, agreement for sale or other agreement, written or oral, and any and all amendments or supplements thereto, existing between such Person and the Company and any and all notices of default and demands for payment or any step or proceeding taken or commenced in connection therewith under any such agreement shall be deemed to have been rescinded and of no further force or effect, provided that nothing shall be deemed to excuse the Company from performing its obligations under the Proposal or be a waiver of defaults by the Company under the Proposal and the related documents. For great certainty, nothing in this Section shall waive any obligations of the Company in respect of any of the Unaffected Claims.
Waivers of Defaults. The Trustee will waive any Event of Default and its consequences and rescind any declaration of maturity of principal upon the written request of the Owners of (a) a majority in aggregate principal amount of all Certificates then Outstanding with respect to which a default in the payment of Principal Portion of Basic Rent represented thereby exists; or (b) a majority in aggregate principal amount of all Certificates then Outstanding in the case of any other default; provided, however, that there will not be waived (1) any Event of Default respecting the payment of the Principal Portion of Basic Rent represented by any Certificate at its maturity date, or (2) any Event of Default respecting the payment of the Interest Portion of Basic Rent represented by any Certificate, unless prior to such waiver or rescission, all arrears of principal and interest when due, as the case may be, and all fees, charges and expenses of the Trustee in connection with such default, including, without limitation, attorneys’ fees and expenses, have been paid or provided for and, in case any such waiver or rescission or in case any proceeding(s) taken by the Trustee on account of any such default have been discontinued or abandoned or determined adversely, then and in every such case the Trustee, the City and the Certificate Owners will be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission will extend to any subsequent or other default or impair any right consequent thereon.
Waivers of Defaults. With respect to any provision of the Note Purchase Agreement amended by this Second Amendment, the Purchasers hereby waive any Default or Event of Default that may have occurred from, or arisen out of the circumstances causing, the Company’s or any of its Subsidiaries’ non-compliance with or other breach of any such provision prior to the Effective Date. Except for the foregoing and except as amended hereby, all covenants, obligations and agreements of the Company contained in the Note Purchase Agreement and the other Transaction Documents shall remain in full force and effect in accordance with their terms. Without limitation of the foregoing, the waivers granted in this Section 4.3 apply only to any non-compliance with or other breach of a provision amended in this Second Amendment that occurred prior to the Effective Date, but shall not apply to any non-compliance or breach of any such provisions as amended hereby that occurs after the Effective Date. The waivers granted in this Section 4.3 shall not be deemed to (a) be a consent or agreement to, or waiver or modification of, any other term or condition of the Note Purchase Agreement or any other Transaction Document, or (b) except as expressly set forth herein, prejudice any right or rights which the Collateral Agent or the Purchasers may now have or may have in the future under or in connection with the Note Purchase Agreement or any other Transaction Document. Granting these waivers does not and should not be construed to be an assurance or promise that waivers will be granted in the future, whether for the matters herein stated or on other unrelated matters.
Waivers of Defaults. (a) Borrower acknowledges that for the period of December 31, 1998 to March 31, 1999, Borrower had accounts payable that were more than ninety (90) days past due in violation of Section 7(2) of the Schedule to the Loan Agreement. Borrower further acknowledges that the foregoing violation constitutes an Event of Default under the Loan Agreement. Lender hereby waives such Event of Default for the period through March 31, 1999.
(b) Borrower acknowledges that an Event of Default has occurred under the Loan Agreement as a result of Borrower's failure to comply with Section 1(a) of the Schedule to the Loan Agreement, which provides in part: "Loans ("the Receivable Loans") [are] not to exceed the following amounts: ...
