Waivers of Existing Events of Default Sample Clauses

Waivers of Existing Events of Default. Each existing Default and Event of Default under the Existing Note Purchase Agreement arising as a result of facts, circumstances or events in effect or existence on or prior to the effectiveness of this Agreement on the date hereof is hereby permanently and irrevocably waived and the Company and the Noteholders hereby agree that each such existing Default and Event of Default shall be deemed to have been permanently and irrevocably waived as of the date of the initial occurrence thereof.
AutoNDA by SimpleDocs
Waivers of Existing Events of Default. Upon the effectiveness of this ------------------------------------- Amendment, the Required Lenders hereby waive any Event of Default existing solely as a result of (i) the Borrower's failure to comply with the financial covenants set forth in Section 6.03(a) of the Loan Agreement for any period --------------- ending prior to December 1, 1999; (ii) the Borrower's failure to comply with the financial covenants set forth in Section 6.03(b) of the Loan Agreement for any --------------- period ending prior to December 1, 1999; (iii) the Borrower's failure to comply with Section 6.03(d) at any time prior to the date hereof; and (iv) the --------------- Borrower's failure to comply with Section 6.01(p) at any time prior to the date --------------- hereof (collectively, the "Specified Events of Default"). Upon the effectiveness of a written waiver (delivered to Agent) by Fleet Financial of Events of Default under the Fleet Loan Facility, the Required Lenders waive any Events of Default occurring under Section 8.01(e) with respect to those same Events of Default --------------- under the Fleet Loan Facility. Such waivers are specific in time and in intent and do not constitute, nor should they be construed as constituting, except to the extent expressly set forth herein, a waiver or modification of any term of, or right, power, or privilege under, the Loan Agreement, the other Loan Documents, or any agreement, contract, indenture, document, or instrument mentioned therein. Such waivers do not preclude any exercise of any right, power, or privilege under any Loan Document, based upon any Events of Default other than the Specified Events of Default.
Waivers of Existing Events of Default. Each existing Event of Default under the Existing Note Purchase Agreement set forth in Schedule 1 hereto is hereby waived.
Waivers of Existing Events of Default. Subject to the conditions set forth in Section 5 below, the Agent and the Banks hereby waive the Existing Events of Default; provided, however, nothing herein, nor any actions taken or not taken by the Agent or the Banks pursuant hereto or pursuant to any of the other Loan Documents, shall or be deemed to: (i) constitute a waiver of any other Event of Default now existing or hereafter arising or a waiver of compliance with any term or provision in the Agreement or any of the other Loan Documents, (ii) except as expressly set forth herein, constitute a waiver of any rights, claims and/or remedies under the Loan Documents and/or applicable law, or (iii) constitute a course of dealing among the parties; provided, further:
Waivers of Existing Events of Default. Upon the effectiveness of this Amendment, Lender hereby waives each of the Events of Default existing as of the date of this Amendment and identified on Schedule A attached to this Amendment (each, a "Specified Event of Default"). Such waiver is specific in time and in intent and does not constitute, nor should it be construed as constituting, except to the extent expressly set forth herein, a waiver or modification of any term of, or right, power, or privilege under, the Loan Agreement, the other Loan Documents, or any agreement, contract, indenture, document, or instrument mentioned therein. Such waiver does not preclude any exercise of any right, power, or privilege under any Loan Document, based upon any Event of Default other than the Specified Events of Default.
Waivers of Existing Events of Default. The Agent and the Lenders each hereby waive compliance by the Company with the covenants set forth in sub-clauses (a) referring to Tangible Net Worth, (b) referring to Minimum EBITDA, and (c) referring to Leverage Ratio, of Paragraph 7.10 of Section 7 of the Financing Agreement, as in effect prior hereto, solely with respect to the Fiscal Quarter test period ended on December 31, 2008, in relation to each of such covenants ended on such date (the “Current Defaults”). The Agent and the Lenders each further agree that the Current Defaults shall not constitute Defaults and/or Events of Default under the Financing Agreement and that the Agent and the Lenders each hereby waive any and all rights it may have to accelerate any of the Obligations and exercise any other remedies against the Company or the Collateral as a result thereof. Except to the extent set forth herein, no other waiver of, or change in any of the terms, provisions or conditions of the Financing Agreement is intended or implied. Except to the extent set forth herein, this Amendment shall not constitute a waiver of any other existing Defaults or Events of Default under the Financing Agreement (whether or not the Agent or any Lender has knowledge thereof), and shall not constitute a waiver of any future Defaults or Events of Default whatsoever. This Amendment is without prejudice to, and specifically reserves, all of the rights and remedies of the Agent and each Lender against the Company under the Financing Agreement, all of which are hereby ratified and remain in full force and effect. The Company shall comply with all covenants set forth in the Financing Agreement, as amended herein, after the date of this Amendment.
Waivers of Existing Events of Default 
AutoNDA by SimpleDocs

Related to Waivers of Existing Events of Default

  • Waiver of Events of Default The Holders representing at least 66% of the Voting Rights affected by a default or Event of Default hereunder may waive such default or Event of Default; provided, however, that (a) a default or Event of Default under clause (i) of Section 7.01 may be waived only by all of the Holders of Certificates affected by such default or Event of Default and (b) no waiver pursuant to this Section 7.04 shall affect the Holders of Certificates in the manner set forth in Section 11.01(b)(i) or (ii). Upon any such waiver of a default or Event of Default by the Holders representing the requisite percentage of Voting Rights affected by such default or Event of Default, such default or Event of Default shall cease to exist and shall be deemed to have been remedied for every purpose hereunder. No such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon except to the extent expressly so waived.

  • Waiver of Past Defaults and Events of Default Subject to Sections 6.02, 6.08 and 8.02, the Holders of a majority in aggregate principal amount of the Notes then outstanding have the right to waive any existing Default or compliance with any provision of this Indenture or the Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

  • Waiver of Defaults and Events of Default (a) The Noteholders of a majority of the Note Balance of the Controlling Class may waive any Default or Event of Default, except an Event of Default (i) in the payment of principal of or interest on any of the Notes (other than an Event of Default relating to failure to pay principal due only by reason of acceleration) or (ii) in respect of a covenant or provision of this Indenture that cannot be amended, supplemented or modified without the consent of all Noteholders.

  • Certain Events of Default The following Events of Default will apply to the parties as specified below, and the definition of “Event of Default” in Section 14 is deemed to be modified accordingly:

  • Notification of Defaults and Events of Default Each Lender hereby agrees that, upon learning of the existence of a Default or an Event of Default, it shall promptly notify the Administrative Agent thereof. The Administrative Agent hereby agrees that upon receipt of any notice under this §14.10 it shall promptly notify the other Lenders of the existence of such Default or Event of Default.

  • Limitation on Events of Default Notwithstanding the terms of Sections 5 and 6 of the ISDA Form Master Agreement, if at any time and so long as the Counterparty has satisfied in full all its payment obligations under Section 2(a)(i) of the ISDA Form Master Agreement and has at the time no future payment obligations, whether absolute or contingent, under such Section, then unless BSFP is required pursuant to appropriate proceedings to return to the Counterparty or otherwise returns to the Counterparty upon demand of the Counterparty any portion of any such payment, (a) the occurrence of an event described in Section 5(a) of the ISDA Form Master Agreement with respect to the Counterparty shall not constitute an Event of Default or Potential Event of Default with respect to the Counterparty as Defaulting Party and (b) BSFP shall be entitled to designate an Early Termination Date pursuant to Section 6 of the ISDA Form Master Agreement only as a result of the occurrence of a Termination Event set forth in either Section 5(b)(i) or 5(b)(ii) of the ISDA Form Master Agreement with respect to BSFP as the Affected Party, or Section 5(b)(iii) of the ISDA Form Master Agreement with respect to BSFP as the Burdened Party.

  • Events of Default; Waiver The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

  • No Events of Default No Event of Default has occurred and is continuing nor has any event occurred which, with the giving of notice or the passage of time, or both, would constitute an Event of Default.

  • Events of Default, Etc During the period during which an Event of Default shall have occurred and be continuing:

  • Additional Events of Default The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.

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