Xxxxxxx Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Contractor’s employees, except to the extent those claims arise as a result of the Village’s own negligence.
Xxxxxxx Waiver. Subject to the terms and conditions set forth herein, effective as of April 29, 2020 (the “Effective Date”), the Required Lenders hereby waive the Specified Defaults arising solely from (a) the Borrower’s delivery of an audit report of the Parent and its Subsidiaries containing the Going Concern Qualification with respect to the 2019 Audited Financial Statements and (b) the Borrower’s delivery of the 2019 Financial Deliverable Package after the Applicable 2019 Financial Statements Delivery Deadline. The limited waiver set forth in this Section 1 (the “Waiver”) is limited to the extent expressly set forth herein and no other terms, covenants or provisions of the Credit Agreement or any other Loan Document shall in any way be affected hereby. The Waiver is granted only with respect to the Specified Defaults relating to the 2019 Financial Deliverable Package, and shall not apply to any financial statements or other deliverables for any other fiscal year or period, any other breach of the terms of the Credit Agreement, or any actual or prospective default or breach of any other provision of the Credit Agreement or any other Loan Document. Other than with respect to the Going Concern Qualification and the Applicable 2019 Financial Statements Delivery Deadline, the Waiver does not waive any other requirement with respect to delivery of the 2019 Financial Deliverable Package. The Waiver shall not in any manner create a course of dealing or otherwise impair the future ability of the Administrative Agent or the Lenders to declare a Default or Event of Default under or otherwise enforce the terms of the Credit Agreement or any other Loan Document with respect to any matter other than the Specified Defaults specifically and expressly waived in, and subject to the terms of, the Waiver.
Xxxxxxx Waiver. At the request of the Original Borrowers, the Lenders hereby waive any Potential Event of Default or Event of Default which may arise under Clause 24.8 of the Syndicated Facility Agreement as a result of the Merger (the “Waiver”). The waiver granted pursuant to this Section 1 shall be limited precisely as written, and shall not extend to any Potential Event of Default or Event of Default under any other provision of the Syndicated Facility Agreement. SECTION 2.
Xxxxxxx Waiver. Upon the satisfaction of the conditions set forth in Section 4 above and notwithstanding anything to the contrary in the Credit Agreement, the parties hereto hereby agree to waive (a) the Execution Default arising solely from the Loan Parties entering into this Amendment, and the Closing Date occurring, after June 8, 2020, (b) the Specified Covenant as applied to the fiscal quarter ended March 31, 2020, (c) the Covenant Default arising solely from the Loan Parties’ compliance with the Asset Coverage Ratio Covenant for the fiscal quarter ended March 31, 2020, and (d) the Specified Defaults arising solely from the Borrower’s delivery of the Q12020 Financial Deliverable Package after the Q12020 Financial Statements Delivery Deadline. The limited waivers set forth in this Section 5 (the “Limited Waiver”) are limited to the extent expressly set forth herein and no other terms, covenants or provisions of the Credit Agreement or any other Loan Document shall in any way be affected hereby. The Limited Waiver is granted only with respect to the Execution Default relating to the Closing Date, the Specified Covenant as applied to the fiscal quarter ended March 31, 2020, the Covenant Default relating to the Specified Covenant as applied to the fiscal quarter ended March 31, 2020 and the Specified Defaults relating to the Q12020 Financial Deliverable Package, and shall not apply to any financial statements for any other fiscal year or period, any other breach of the terms of the Credit Agreement, or any actual or prospective default or breach of any other provision of the Credit Agreement or any other Loan Document. Other than with respect to the Execution Deadline, the Specified Covenant as applied to the fiscal quarter ended March 31, 2020 and the Q12020 Financial Statements Delivery Deadline, the Limited Waiver does not waive any other requirement with respect to the execution of this Amendment, the Asset Coverage Ratio Covenant or the delivery of the Q12020 Financial Deliverable Package. The Limited Waiver shall not in any manner create a course of dealing or otherwise impair the future ability of the Administrative Agent or the Lenders to declare a Default or Event of Default under or otherwise enforce the terms of the Credit Agreement or any other Loan Document with respect to any matter other than the Execution Default, the Specified Covenant as applied to the fiscal quarter ended March 31, 2020, the Covenant Default and Specified Defaults specifically and expre...
Xxxxxxx Waiver. Seller shall obtain and deliver to Buyer at least one (1) business days prior to the Close of Escrow a fully executed waiver and release, in recordable form and otherwise in the form attached hereto as Exhibit P (the “Xxxxxxx Waiver”).
Xxxxxxx Waiver. In reliance on the representations, warranties, covenants and agreements contained in this First Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, the Lenders hereby waive the Specified Events of Default; provided that nothing contained herein, nor any past indulgence by the Administrative Agent or any Lender nor any other action or inaction on behalf of the Administrative Agent or any Lender, shall constitute or be deemed to constitute a consent to, or waiver of, any other action or inaction of the Borrower or any of the other Loan Parties which constitutes (or would constitute) a violation of any provision of the Credit Agreement or any other Loan Document, or which results (or would result) in a Default or Event of Default under the Credit Agreement or any other Loan Document, nor shall this First Amendment constitute a course of conduct or dealing among the parties. The Administrative Agent and the Lenders shall have no obligation to grant any future waivers, consents or amendments with respect to the Credit Agreement or any other Loan Document, and the parties hereto agree that the limited waiver provided herein shall constitute a one-time waiver and shall not waive, affect or diminish any right of the Administrative Agent and the Lenders to hereafter demand strict compliance with the Credit Agreement and the other Loan Documents
Xxxxxxx Waiver. Subject to the satisfaction of the conditions of effectiveness set forth in Section 4 hereof and the provisos immediately following in this Section 2, the Administrative Agent and the Required Lenders hereby (a) waive any Default or Event of Default that will occur as a result of the failure of the Borrower to comply with Section 8.14 of the Credit Agreement for the 2014 Fiscal Year; provided, that this waiver shall automatically be revoked and of no further force or effect if the Credit Parties and their Subsidiaries permit the aggregate amount of all Capital Expenditures in the 2014 Fiscal Year to exceed $12,500,000; (b) waive the restrictions set forth in Section 8.5 of the Credit Agreement to permit the WB&R Dissolution; and (c) waive the restriction set forth in Section 8.1(g)(ii) of the Credit Agreement to permit the Indebtedness evidenced by the CV Note, provided that (i) such Indebtedness shall be unsecured, (ii) such CV Note is a promissory note in form and substance reasonably satisfactory to the Administrative Agent and (iii) such CV Note shall be pledged and delivered to the Administrative Agent pursuant to the Security Documents. The waivers contained in this Section 2 are limited and do not affect any other covenants or provisions of the Credit Agreement or any other Loan Document .
Xxxxxxx Waiver. Secured Party hereby waives the Default existing as of December 31, 1997 under Section 12(o) of the Loan Agreement.
Xxxxxxx Waiver. As of the date hereof, Borrower has delivered to Agent Title Opinions covering approximately sixty-one percent (61%) of the Recognized Value of the Proved Mineral Interests. Agent and Banks hereby agree to temporarily waive the requirement that Title Opinions be delivered with respect to the remaining portion of the Required Reserve Value of the Proved Mineral Interests. Until further notice from Agent, Borrower shall only be required to deliver Title Opinions to Agent and the Banks covering Proved Mineral Interests up to the Required Reserve Value as Agent shall reasonably request.
Xxxxxxx Waiver. In reliance on the representations and warranties set forth in this Amendment and effective as of the Third Amendment Effective Date, the Administrative Agent and the Required Lenders party hereto hereby waive the Specified Default. The limited waiver contained in this Section 1 is a one-time waiver applicable solely to the Specified Default but no other Default or Event of Default.
