Waiver Period. If the Commissioner or the Commissioner’s designee distributes notice of request for waiver at any time between August 15 and the end of the next Season, any Members wishing to claim rights to the Player shall do so by giving notice by telephone and in a Writing of such claim to the Commissioner or the Commissioner’s designee within forty-eight (48) hours after the time of such notice. If the Commissioner or the Commissioner’s designee distributes notice of request for waiver at any other time, any Member wishing to claim rights to the Player shall do so by providing Written Notice of such claim to the Commissioner or the Commissioner’s designee within ten (10) days after the date of such notice. A Team may not withdraw a claim to the rights to a Player on waivers.
Waiver Period. From 1st January 2009 until 31st December 2010.
Waiver Period. (i) Notwithstanding clauses (b), (c) and (d) above, if during the Waiver Period a Revaluation Event (excluding any Revaluation Event that would result in the Collateral Obligation becoming a Specified Impacted Obligation) occurs with respect to any Impacted Obligation that is directly caused by or results from, in the Servicer’s reasonable determination, a business disruption due primarily to the Pandemic (such Impacted Obligation, a “Waived Impacted Obligation”), the Discount Factor of such Waived Impacted Obligation in effect as of the Fifth Amendment Effective Date shall not be amended by the Facility Agent solely during the Waiver Period; provided that, (w) if it is determined by the Facility Agent in its sole discretion that any such Revaluation Event was not a result of the Pandemic or was due to an act by the related Obligor constituting fraud, then the Discount Factor of the related Impacted Obligation may be amended by the Facility Agent in accordance with Section 2.7(b), in its sole discretion, (x) after the end of the Waiver Period, the Discount Factor of each Waived Impacted Obligation may be amended by the Facility Agent in accordance with Section 2.7(b), in its sole discretion, (y) in the event that any Waived Impacted Obligation subsequently becomes a Specified Impacted Obligation, the Facility Agent may amend the Discount Factor of such Specified Impacted Obligation in accordance with Section 2.7(b), in its sole discretion and (z) the aggregate outstanding principal balance of Waived Impacted Obligations shall not exceed 30% of the par amount of the Collateral Obligations (measured as of the most recent Measurement Date).
Waiver Period. Apio shall pay the Tompkins the Amount Due on xx xxxxxe October 28, 2002; provided, however, that if Apio does not pay the full Amount Due by such date, the Tompkins shall accrue interxxx xx xny of the Amount Due still outstanding at the rate of 10% per annum from such date until payment thereof. This Waiver has been duly executed and delivered by the duly authorized officers of the Target Companies' Representative, the Company and Apio as of the date written below. Dated :____________________ LANDEC CORPORATION ---------------------------------------- Gary T. Steele, President & XXX APIO, INC. ---------------------------------------- Nicholas Tompkins, Presidenx TARGET COMPANIES' REPRESENTATIVE: ---------------------------------------- Nicholas Tompkins ---------------------------------------- Nicholas Tompkins ---------------------------------------- Kathleen Tompkins Exhibit Tompkins Note
Waiver Period. Subject to the terms and conditions set forth herein, Section 9(b) of the First Amendment, as amended by the June Letter Agreement, is hereby amended by replacing "October 31, 2003" in clause (i) therein with "the later of (x) November 30, 2003 and (y) December 5, 2003, provided that the Borrowers have provided to the Agent and the Lenders, on or before November 30, 2003, agreements, in form and substance reasonably satisfactory to the Agent and the Lenders, executed and delivered by (1) the trustee under the Parent Note Indenture and by the holders of not less than 76% of the total principal amount outstanding of the Parent Notes and (2) the trustee under the Iron Age Note Indenture and by the holders of not less than 76% of the total principal amount outstanding of the Iron Age Notes, in each case, that neither such trustee nor such holders shall accelerate, or give any notice of intent to accelerate, all or any portion of the Indebtedness under the Parent Notes or the Iron Age Notes, as the case may be, or exercise any other rights or remedies that it may have under the Parent Note Indenture or the Iron Age Note Indenture, as the case may be, at law or otherwise, with respect to any default existing or arising under the Parent Note Documents or the Iron Age Note Documents, as the case may be, prior to December 10, 2003"
Waiver Period. For purposes of this Amendment, this Section 1 will be effective only for the period from and including April 1, 2007 through and including the Termination Date (the “Waiver Period”). Section 12 of the Existing Repurchase Agreement is hereby amended by deleting clauses (k)(i), (k)(ii) and (k)(iii) thereof in their entirety and replacing it with the following, which amendment shall be effective solely during the Waiver Period:
Waiver Period. During the Extended Waiver Period compliance with Section 10.11 of the Credit Agreement shall be determined as follows (provided that such calculations shall not include the 1997 Xxxxxx Xxxxxxx Xxxrges and Reserves): "Apria will not permit the Consolidated Funded Indebtedness to Consolidated EBITDA Ratio at the end of the fiscal quarter ended (a) March 31, 1998 to be greater than 3.0 to 1 and (b) June 30, 1998 to be greater than 3.25 to 1."
Waiver Period. Notwithstanding the foregoing, Landlord reserves the right, upon not less than sixty (60) days’ prior written notice to Tenant, to relocate the Swing Space to another space in the Project of a comparable condition, which is reasonably suitable for areas of the original Swing Space used by Tenant hereunder.
Waiver Period. As used in this Agreement, the term “Waiver Period” means the period beginning on the date hereof (the “Effective Date”) and ending upon the occurrence of the earliest to occur of (such earliest event, the “Waiver Termination Event”): (i) December 31, 2021 (or such later date as may be consented to in writing (including via e-mail) by all of the Consenting Holders in their sole discretion (or by the legal counsel on their behalf)); (ii) the execution of the Future Supplemental Indenture by the Company and the Trustee and Collateral Agent (at the direction of all of the outstanding Holders or the beneficial owners); (iii) any representation or warranty made by the Company in this Agreement shall prove to have been untrue or incorrect in any material respect as of the Effective Date; (iv) the full payment of the Upcoming Payment by the Company to the Holders; and (v) any Event of Default under the Indenture or the Securities (other than any potential Default or Event of Default waived by this Agreement). For the avoidance of doubt, in the event the Waiver Period is terminated, including as a result of a Waiver Termination Event, but other than a termination pursuant to Section 1(b)(ii) or (iv) hereof, the non-payment of the Upcoming Payment shall be deemed an Event of Default under the Indenture and Securities. (c)
Waiver Period. The earlier of a) compliance with all financial covenants (including the original minimum required security cover requirement of 135%) by the Borrowers and Guarantor or b) 18 months after signing of the Amendment Agreement.
