Terms of Waiver. As an enrolled, Covered Guest, staying at an iTrip Franchisee property, under this plan, you will not be obligated to pay for Covered Damage (defined below) to real or personal property of the owner of the rental unit located within the rental unit occupied by the Covered Guest. When the Covered Guest purchases this plan, the property manager waives the right to charge the Covered Guest for Covered Damage to the unit as a result of your inadvertent acts or omissions during the duration of the Stay. Maximum limit of this waiver of liability is $1,475.00 aggregate per stay.
Terms of Waiver. As a Guest under this plan, you will not be obligated to pay for accidental damage to the Owner's real or personal property located within the Property. With this plan, Agent waives the right to charge the Guest for damage to the Property as a result of inadvertent acts or omissions for the duration of Guest stay if the damages are reported during your stay prior to check out. The maximum limit of this waiver of liability is $2000 aggregate per stay. If the cost of damage exceeds $2000, or any damages are not reported during your stay prior to check out, the Guest is fully responsible and agrees all charges will be billed to the credit card on file.
Terms of Waiver. 3.1 The Bank hereby waives compliance by the Borrower with respect to (a) Section 7. 18(a) for the four fiscal quarter period ending March 31, 2001; provided that Borrower's Interest Coverage Ratio for such period shall in no case be less than 0.97:1.00, (b) Section 7.18(b) for the four fiscal quarter period ending March 31, 2001; provided that Borrower's Leverage Ratio for such period shall in no case exceed 13.51:1.00, (c) Section 7.18(c) for the four fiscal quarter period ending March 31; 2001; provided that Borrower's Fixed Charge Coverage Ratio for such period shall in no case be less than 0.66:1.00, and (d) Section 7.18(d) of the Agreement for the four fiscal quarter period ending March 31, 2001; provided that Borrower's Consolidated EBITDA (Ampro Adjusted) is not less than $6,842,000 for the four fiscal quarter period ending March 31. 2001 (collectively, the "Waived Events").
3.2 The waiver granted herein is a limited waiver relating solely to the Waived Events and the Borrower understands and acknowledges that:
(a) the Borrower is obligated to comply with each and every other term, provision and condition (including the conditions of lending) of the Agreement, except for the Waived Events;
(b) the waiver granted herein shall not preclude the future exercise of any right, remedy, power or privilege that Bank may have with respect to any further failure by the Borrower to comply with the provisions of the Agreement relating to the Waived Events;
(c) the Bank reserves and retain its rights and remedies with respect to any Default (other than the Waived Events) under the Agreement; and
(d) such waiver shall not entitle, or imply any consent or agreement to, any further or future modification of, amendment to, waiver of, or consent with respect to any provision of the Agreement or any other Loan Document.
Terms of Waiver. 2.1 GoAmerica agrees that Hands On and the Obrays shall be permitted to raise up to $2.0 million (or, if GoAmerica consents, more than $2.0 million) through Securities Transactions during the period from the date this Waiver and Supplemental Agreement is signed through December 31, 2005, provided that if Hands On and the Obrays have a bona fide proposal for a Securities Transaction by December 31, 2005, the parties will agree to a reasonable extension of this date (consistent with Merger closing by the Closing Date) to consummate such Securities Transaction.
2.2 The Securities Transactions will be subject to the following conditions: · Only common stock, or securities that convert into common stock of Hands On, and then GoAmerica, automatically upon closing of the Merger with GoAmerica, will be sold. No debt or other obligations resulting from the sale of these securities will be outstanding following closing of the Merger. · Purchasers of these securities will be required as a condition to any sale to agree to vote in favor of the Merger with GoAmerica and to waive any appraisal rights which they may have so that the Obrays and the Purchasers will, in the aggregate, at all times hold sufficient shares of Hands On to ensure that the Merger will be approved by Hands On shareholders.
2.3 The funds raised by the Securities Transactions will be used by Hands On and the Obrays to pay transactions expenses incurred by Hands On and the Obrays in connection with the Merger Agreement and the Merger and to pay other liabilities of Hands On, provided that as long as all outstanding transaction expenses and past due liabilities of Hands On have been paid, Hands On shall continue to have the right to make distributions to Target Shareholders if the provisions of Section 5.1(b) of the Merger Agreement have been met. The parties acknowledge that Section 6.15 of the Merger Agreement provides that “whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such expense.” To effectuate this provision, to the extent that any transaction expenses of Hands On and the Obrays remain outstanding as of the Effective Time of the Merger, by operation of law, GoAmerica shall assume such transaction expenses on the Closing Date, and the number of GoAmerica shares to be issued in the Merger will be reduced by a number of shares equal to (i) the product of multi...
Terms of Waiver. As an enrolled, Covered Guest, staying at an iTrip Franchisee property, under this plan, you will not be obligated to pay for Covered Damage (defined below) to real or personal property of the owner of the rental unit located within the rental unit occupied by the Covered Guest. When the Covered Guest purchases this plan, the property manager waives the right to charge the Covered Guest for Covered Damage to the unit as a result of your inadvertent acts or omissions during the duration of the Stay. Maximum limit of this waiver of liability is
Terms of Waiver. This Waiver shall become effective on the date hereof and shall continue in full force and effect until the date on which the Shareholders Agreement terminates.
