Waivers to Loan Agreement. In addition to the foregoing amendments, the Borrower has asked the Lender to waive the Borrower's noncompliance with Section 2.5(a)(ii) of the Loan Agreement insofar as such section requires mandatory prepayments whenever the outstanding Loans exceed the Borrowing Base. Borrower has also asked the Lender to waive Borrower's non-compliance with Section 5.14 of the Loan Agreement insofar as such section requires the Parent to maintain a specified net worth. Lender hereby agrees to grant such waivers, provided, however, that each such waiver shall only be effective through March 31, 1998, after which date Lender reserves all rights under the Loan Agreement and the other Financing Documents in respect of any Events of Default which may then exist as a result of the events described in this paragraph and the first such waiver shall only be effective to the extent that the required mandatory prepayments which Borrower has failed to make do not exceed $500,000 in the aggregate at any one time outstanding.
Waivers to Loan Agreement. In connection with the Bankruptcy Transactions, the requirements set forth in Section8.02 (“Investments”), Section8.05 (“Dispositions”), and Section 8.08 (“Transactions with Affiliates”) of the Loan Agreement shall be waived to permit the Bankruptcy Transactions. January 7, 2005
Waivers to Loan Agreement. The Lenders hereby agree that from August 1, 1998 through March 31, 1999 the Borrowers shall not be required to comply with Sections 10.18, 10.19 and 10.20 of the Loan Agreement.
Waivers to Loan Agreement. (a) The Borrowers have requested that the Lenders waive certain Defaults and Events of Default that have occurred and are continuing under SECTION 9.01(B) of the Loan Agreement and, as a material inducement to the Agents and Lenders to enter into this Amendment, agree to make additional extensions of credit to the Borrowers under the Loan Agreement after the date hereof and waive such Defaults and Events of Default pursuant to this SECTION 2, KMC Holdings and the Borrowers have agreed that KMC Holdxxxx xxx xxxxxxx xx xxx Subsidiaries shall grant additional Liens on and security interests in substantially all of their assets as set forth SECTIONS 1.12(I) and 4 hereof.
(b) On the basis of the representations and warranties contained in this Amendment, and subject to the terms and conditions of this Amendment, the Agents and Requisite Lenders hereby agree to waive any Default or Event of Default which may have occurred under SECTION 9.01(B) of the Loan Agreement solely as a result of the Borrowers' failure to be in compliance with the covenants set forth in SECTION 7.01(B) of the Loan Agreement for the fiscal quarter ending March 31, 2001.
Waivers to Loan Agreement. Lenders hereby waive compliance with the Subject Financial Covenants solely for the fiscal quarter ending on December 31, 2004.
Waivers to Loan Agreement. On the basis of the representations and warranties contained in this Amendment, and subject to the terms and conditions of this Amendment, the Agents and Requisite Lenders hereby agree to waive any Default or Event of Default which may have occurred under SECTION 9.01(B) of the Loan Agreement solely as a result of the Borrowers' failure to deliver not later than January 15, 2001 pursuant to SECTION 5.06(F)(II) of the Loan Agreement, an annual operating budget on a quarterly basis for the 2001 calendar year in compliance with the Milestone Plan.
Waivers to Loan Agreement. 2.1 PREPAYMENT OF LOANS FROM NET ASSET SALE PROCEEDS RECEIVED FROM CENTURYTEL ASSET SALE. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Amendment, Requisite Lenders hereby agree to waive, compliance with the provisions of SECTIONS 2.08(C), 2.09(C)(III) and 6.03(A)(III) of the Loan Agreement and Section 4(b), clause (i), of the Seventh Amendment solely to the extent necessary to permit Borrowers not to apply the Net Asset Sale Proceeds received by Borrowers on February 28, 2002 in connection with the CenturyTel Asset Sale to prepay the Loans and permanently reduce the Revolving Loan Commitment Amount.
Waivers to Loan Agreement. (A) Until 5:00 p.m. (Dallas, Texas time) on April 30, 2005 (“Waiver Termination Date”), the existence of the LC Guaranty Violation and the Default or Event of Default created thereby are hereby waived, and Lenders agree that the Debt represented by the LC Guaranty shall be excluded from the calculations of the financial covenants set forth in Section 8.11 until the Waiver Termination Date.
(B) Until the Waiver Termination Date, the existence of the After-Acquired Subsidiary Violation and the Default or Event of Default created thereby are hereby waived.
Waivers to Loan Agreement. Certain provisions of the Loan Agreement shall be waived as follows:
A. In connection with the Medstone Acquisition, the requirement set forth in the final proviso of the definition of “Permitted Acquisition” that Borrower not make any Acquisitions other than Permitted Acquisitions in which the total consideration for all such Acquisitions is less than $2,000,000 in the aggregate in any twelve (12) month period is hereby waived to permit the Medstone Acquisition; November 10, 2003 Page 2 B. In connection with the Medstone Acquisition, Section 8.02 of the Loan Agreement shall be waived to permit the Medstone Acquisition; and
C. In connection with the Medstone Acquisition, Section 8.04 of the Loan Agreement shall be waived to permit the Medstone Acquisition.
Waivers to Loan Agreement
