Waiver Termination Event definition

Waiver Termination Event means the earliest to occur of (A) 5 p.m. Chicago time on November 10, 2009, and (B) if at any time Capital Expenditures for the period commencing on the first day of the fiscal month for January, 2009 through the date of determination exceeds $4,000,000 in the aggregate.

Waiver Termination Event means the occurrence of any of the following events:

Waiver Termination Event means the failure by Xerium to perform or comply with any term or provision contained in this Waiver and such failure or non-performance shall not have been remedied within five (5) Business Days after the earlier of (i) an officer of Xerium becoming aware of such failure or non-performance or (ii) receipt by Xerium of notice from the Administrative Agent or any Bank of such failure or non-performance. It is understood and agreed that during the Waiver Period, no Financial Covenant Default will be deemed to have occurred and be continuing and after the expiration of the Waiver Period, the Administrative Agent and the Banks may exercise the remedies set forth under the Credit Documents in respect of any Financial Covenant Default that is continuing.

Examples of Waiver Termination Event in a sentence

• Any failure to comply with the foregoing provisions of this Section 11.2 shall constitute an immediate Limited Waiver Termination Event.

• The occurrence of a Waiver Termination Event shall cause the waiver granted under Section 1(a) of this Agreement to immediately and automatically terminate and shall constitute an Event of Default under the Bridge Financing Agreement and entitle the Bridge Financing Lenders to exercise all of the rights and remedies exercisable upon an Event of Default pursuant to the Bridge Financing Agreement, unless the Event of Default waived hereunder shall have been cured or shall otherwise no longer be continuing.

• Without any requirement of prior request, the Borrower and other Loan Parties shall promptly notify the Administrative Agent and the advisors to the Lenders of the occurrence of any Waiver Termination Event, the failure to satisfy a condition precedent or other material breach under this Amendment.

• The waiver set forth in Section I.A. above shall be effective during the period beginning on the Second Amendment and Waiver Effective Date and ending upon the occurrence, if any, of a Waiver Termination Event.

• The waiver set forth in Section I.A. above shall be effective during the period beginning on the Third Amendment and Waiver Effective Date and ending upon the occurrence, if any, of a Waiver Termination Event.

More Definitions of Waiver Termination Event

Waiver Termination Event means the failure by the Borrower to deliver to the Administrative Agent on or prior to June 14, 2012, the Borrower’s annual financial statements for the fiscal year ended September 30, 2011, and the Borrower’s quarterly financial statements for the quarter ended December 31, 2011, in each case restated to correct any error in such financial statements as previously delivered, and otherwise in accordance with the requirements of Section 6.01(a) or 6.01(b) of the Credit Agreement, as applicable.

Waiver Termination Event means (i) any breach of, or failure by the Borrower, any other Loan Party or

Waiver Termination Event means the earliest to occur of (A) 5 p.m. Chicago time on July 31, 2009, (B) if at any time Capital Expenditures for the period commencing on the first day of the fiscal month for January, 2009 through the date of determination exceeds $4,000,000 in the aggregate, (C) the Company shall amend, supplement or otherwise modify the Securities Purchase Agreement without the prior written consent of the Administrative Agent in each instance, provided such consent has not been

Waiver Termination Event. -- means any of the following:

Waiver Termination Event means the earliest to occur of (A) 5 p.m. Chicago time on July 31, 2009, (B) if at any time Capital Expenditures for the period commencing on the first day of the fiscal month for January, 2009 through the date of determination exceeds $4,000,000 in the aggregate, (C) the Company shall amend, supplement or otherwise modify the Securities Purchase Agreement without the prior written consent of the Administrative Agent in each instance, provided such consent has not been unreasonably withheld, (D) failure of the Company by June 1, 2009 to file with the Securities and Exchange Commission (the “SEC”) its proxy statement for soliciting shareholder approval of the sale of its common stock pursuant to the Securities Purchase Agreement, (E) failure of the Company to commence solicitation to its shareholders of its proxy statement by June 17, 2009, (F) failure of the Company to obtain by July 24, 2009 approval of its shareholders to consummate the sale of its common stock under the Securities Purchase Agreement, (G) either the Company or the Buyer (as defined in the Securities Purchase Agreement) shall terminate or otherwise disaffirm its obligations under the Securities Purchase Agreement, or (H) the Securities Purchase Agreement at any time shall cease to be in full force and effect, provided that, in the event the SEC shall notify the Company of its intent to review or issue comments with respect to the Compnay’s proxy statement timely filed in accordance with the foregoing clause (D), each of the dates specified in clauses (A), (E) and (F) above shall be deemed to have been extended by forty-five calendar days.

Waiver Termination Event means the occurrence and continuance of an Event of Default other than the Specified Defaults.

Waiver Termination Event means the failure by Xerium to perform or comply with any term or provision contained in this Waiver and such failure or non-performance shall not have been remedied within five (5) Business Days after the earlier of (i) an officer of Xerium becoming aware of such failure or non-performance or (ii) receipt by Xerium of notice from the Administrative Agent or any Bank of such failure or non-performance.