WAIVERS PERTAINING TO FINANCIAL CONDITION AND OPERATIONS Sample Clauses

WAIVERS PERTAINING TO FINANCIAL CONDITION AND OPERATIONS. The Borrower has not performed its covenants under clause (a), clause (b) and clause (d) of Section 7.2.4 of the Credit Agreement, as amended by the Sixth Amendment to Credit Agreement and as further amended by this Eighth Amendment to Credit Agreement, with respect to the Fiscal Quarters ending on or prior to June 30, 2001. The Borrower does not expect to perform its covenants under clause (a), clause (b), and clause (d) of Section 7.2.4 of the Credit Agreement, as amended by the Sixth Amendment to Credit Agreement and as further amended by this Eighth Amendment to Credit Agreement, with respect to the Fiscal Quarters ending on or prior to June 30, 2002. As of the Effective Date, the Lenders agree that the Borrower's failure to perform its covenants (x) under clause (a), clause (b) and clause (d) of Section 7.2.4 of the Credit Agreement, as amended by the Sixth Amendment to Credit Agreement and further amended by this Eighth Amendment to Credit Agreement, are hereby waived with respect to the Fiscal Quarters ending on or prior to June 30, 2002. ARTICLE IV
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WAIVERS PERTAINING TO FINANCIAL CONDITION AND OPERATIONS. The Borrower does not expect to perform its covenants under clause (a), clause (b) and clause (d) of Section 7.2.4 of the Credit Agreement, as amended by this Sixth Amendment to Credit Agreement, with respect to the Fiscal Quarters ending on or prior to December 31, 2000. As of the Effective Date, the Lenders agree that (x) the Borrower's failure to perform its covenants under clause (a), clause (b) and clause (d) of Section 7.2.4 of the Credit Agreement, as amended by this Sixth Amendment to Credit Agreement, are hereby waived with respect to the Fiscal Quarters ending on or prior to March 31, 2001 and (y) the requirement in clause (c) of Section 7.1.1 of the Credit Agreement that the annual audited financial statements under said clause shall not include any Impermissible Qualification is hereby waived with respect to the Borrower and Subsidiaries and the other Aladdin Parties for the Fiscal Year ending December 31, 2000.
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WAIVERS PERTAINING TO FINANCIAL CONDITION AND OPERATIONS. Aladdin Gaming does not expect to perform its covenants under clause (1), clause (2) and clause (4) of Section 11(d) of the Facilities Agreement, as amended by this Agreement of Amendment No. 5, with respect to the Fiscal Quarters ending on or prior to December 31, 2000. As of the Effective Date, GE Capital and GMAC CMC hereby agree that (x) Aladdin Gaming's failure to perform its covenants under clause (1), clause (2) and clause (4) of Section 11(d) of the Facilities Agreement, as amended by this Agreement of Amendment No. 5, are hereby waived with respect to the Fiscal Quarters ending on or prior to March 31, 2001 and (y) the requirement in clause (3) of Section 10(a) of the Facilities Agreement that the annual audited financial statements under said clause shall not include any Impermissible Qualification is hereby waived with respect to Aladdin Gaming and its Subsidiaries and the other Aladdin Parties, as defined in the Senior Credit Agreement, for the Fiscal Year ending December 31, 2000.
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Related to WAIVERS PERTAINING TO FINANCIAL CONDITION AND OPERATIONS

  • Financial Condition and Operations The Borrower will not permit any of the events set forth below to occur.

  • Financial Conditions The Borrower shall ensure that:

  • Special Conditions a. To the extent that this Amendment conflicts with the Agreement, this Amendment shall control. No right or license of any kind is granted to Licensee except as expressly provided in the Agreement and this Amendment.

  • Financial Condition The audited consolidated balance sheets of the Borrower and its consolidated Subsidiaries as at December 31, 2005, and the related consolidated statements of income and of cash flows for the Fiscal Year ended on such date, reported on by and accompanied by an unqualified report from Deloitte & Touche LLP, present fairly in all material respects the consolidated financial condition of the Borrower and its consolidated Subsidiaries as at such date, and the consolidated results of its operations and its consolidated cash flows for such Fiscal Year. The unaudited consolidated balance sheets of the Borrower and its consolidated Subsidiaries as at March 31, 2006, or if available on or prior to the Amended and Restated Effective Date, June 30, 2006, and the related unaudited consolidated statements of income and cash flows for the 3-month period (or, in the event the June 30, 2006 unaudited consolidated balance sheets are available, the 6-month period) ended on such date, present fairly in all material respects the consolidated financial condition of the Borrower and its consolidated Subsidiaries as at such date, and the consolidated results of its operations and its consolidated cash flows for the 3-month period (or, in the event the June 30, 2006 unaudited consolidated balance sheets are available, the 6-month period) then ended (subject to normal year-end audit adjustments). All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein and except with respect to interim financials, normal year-end audit adjustments). As of the Amended and Restated Effective Date, the Borrower and its Subsidiaries do not have any material Guarantee Obligations, contingent liabilities and liabilities for taxes, or any long-term leases or unusual forward or long-term commitments, including, without limitation, any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the most recent financial statements referred to in this paragraph.

  • Financial Condition Covenants 51 7.2 Indebtedness.................................................... 52 7.3 Liens........................................................... 53 7.4

  • Borrower’s Financial Condition BTC has delivered to BFA, the investment adviser to the Funds, each Borrower’s most recent statements required to be furnished to customers by Rule 17a-5(c) of the Securities and Exchange Commission under the Securities Exchange Act of 1934, or such other documents as may be required, as have been made available to BTC pursuant to the Securities Lending Agreements. BTC shall promptly deliver to any investment adviser for the Funds all statements and financial information subsequently delivered to BTC and required to be furnished to BTC under the Securities Lending Agreements.

  • Tenant’s Financial Condition Within ten (10) days after written request from Landlord, Tenant shall deliver to Landlord such financial statements as Landlord reasonably requires to verify the net worth of Tenant or any assignee, subtenant, or guarantor of Tenant. In addition, Tenant shall deliver to any lender designated by Landlord any financial statements required by such lender to facilitate the financing or refinancing of the Property. Tenant represents and warrants to Landlord that each such financial statement is a true and accurate statement as of the date of such statement. All financial statements shall be confidential and shall be used only for the purposes set forth in this Lease.

  • Financial Condition of Borrowers Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender.

  • Changes in Financial Condition Since the date of the Financial Statements, there has not been:

  • Financial Condition of Borrower Any Credit Extensions may be made to Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.

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