Common use of Effectiveness of Waiver Clause in Contracts

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is not a Specified Event of Default, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (d) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving Lenders, or (e) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default breach or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default breach or Event of Default that is of which Bank has not a Specified Event of Defaultbeen informed in writing by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders Bank to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Bank’s consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative AgentBank’s or the Lenders’ exercise of any rights or remedies under the Credit Loan Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. Notwithstanding the above waiver, such Acknowledged Events of Default shall not be considered waived for purposes of Sections 6.2L. (Distributions) or 4.2B. (No Default) of the Loan Agreement.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein the Potential Defaults nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third AmendmentWaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Defaultwith respect to the Potential Defaults) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Amendment shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Borrower, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties Borrower with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third AmendmentWaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified the Applicable Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. For the avoidance of doubt, the Required Lenders reserve all rights in respect of any Event of Default that may occur under Section 8.01(e) of the Credit Agreement in respect of the Delayed Filing and nothing in this Waiver shall be construed as a waiver of any rights or remedies under the Credit Agreement or any other Loan Document arising as a consequence of any such Event of Default.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third AmendmentWaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event with respect to the Defaults or Events of DefaultDefault waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a consent to or waiver of any breach, Default or Event of Default other than as specifically waived consented to herein nor as a waiver of consent to any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan DocumentsCredit Parties, except as specifically modified or waived by this Third Amendmentconsented to herein, (dc) be deemed a waiver of consent to any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the LendersCredit Documents, the Required Lenders or the Required Revolving Lenders, except as specifically set forth herein or (ed) except as waived herebyset forth herein, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver Waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third AmendmentWaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified the Additional Applicable Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. For the avoidance of doubt, the Required Lenders reserve all rights in respect of any Event of Default that may occur under Section 8.01(e) of the Credit Agreement in respect of the Additional Delayed Filing and nothing in this Waiver shall be construed as a waiver of any rights or remedies under the Credit Agreement or any other Loan Document arising as a consequence of any such Event of Default.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this Third Amendmentwaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersCredit Documents, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. Upon the expiration or termination of the Waiver Effective Period, the Acknowledged Event of Default shall be reinstated and constitute an Event of Default and the Lenders shall be immediately entitled to exercise any or all of their rights and remedies arising in respect thereof.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default breach or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default breach or Event of Default that is of which Bank has not a Specified Event of Defaultbeen informed in writing by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders Bank to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Bank’s consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative AgentBank’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. Notwithstanding the above waiver, such Acknowledged Events of Default shall not be considered waived for purposes of Sections 6.2L. (Distributions) or 4.2B. (No Default) of the Credit Agreement.

Effectiveness of Waiver. This waiver Amendment shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Borrower, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties Borrower with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Known Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersCredit Documents, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Credit Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Credit Parties with all terms and conditions of the Loan Credit Documents, except as specifically modified or waived by this Third Amendmentwaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersCredit Documents, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Credit Document, whether arising as a consequence of any Default or Event of Default (other than a Specified an Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendment, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver applies only to the Specified Defaults and shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach, Default default or Event event of Default default other than as specifically waived herein nor the Specified Defaults, (b) be construed as a waiver of any breach, Default or Event of Default that is not a Specified Event of Default, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Documenttesting other than the FCCR Test and the FD Test for the periods set forth above, (c) affect the right of the Administrative Agent or the Lenders Bank to demand compliance by the Loan Parties Borrower with all terms and conditions of the Agreement and all documents executed in connection therewith (collectively with the Agreement, the “Loan Documents, ”) except as specifically modified or waived by this Third Amendment, (d) be deemed a waiver of any transaction or future action on the part of the Loan Parties Borrower requiring the Bank’s consent or approval under the Agreement or Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (e) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative AgentBank’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default default or Event event of Default (other than a Specified Event of Default) default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved. All terms and conditions of the Agreement and the other Loan Documents remain unchanged.

Effectiveness of Waiver. This The waiver set forth in this Agreement shall be effective only to the extent specifically set forth herein and shall not (ai) be construed as a consent to or waiver of any other provision of the Credit Agreement or as a consent to or waiver of any breach, Default or Event of Default of the Credit Agreement and/or the other than Loan Documents, except as specifically modified or waived herein nor as a waiver of any breach, Default or Event of Default that is not a Specified Event of Defaultby this Agreement, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (cii) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Credit Agreement and/or the other Loan Documents, except as specifically modified or waived by this Third AmendmentAgreement, (diii) be deemed a consent to or waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement and/or the other Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (eiv) except as waived herebyhereunder, be deemed or construed to be a consent, waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Effectiveness of Waiver. This waiver shall be effective only to the extent specifically set forth herein solely with respect to the Proposed Transaction, and shall not (a) be construed as a waiver of any breach, Default or Event of Default other than as specifically waived herein nor as a waiver of any breach, Default or Event of Default that is of which the Lenders have not a Specified Event of Defaultbeen informed by the Loan Parties, (b) be deemed to constitute a waiver of any Loan Party’s obligation to comply fully with any duty, term, condition, obligation or covenant contained in any Loan Document, (c) affect the right of the Administrative Agent or the Lenders to demand compliance by the Loan Parties with all terms and conditions of the Loan Documents, except as specifically modified or waived by this Third Amendmentwaiver, (dc) be deemed a waiver of any transaction or future action on the part of the Loan Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Loan Documents of the Lenders, the Required Lenders or the Required Revolving LendersDocuments, or (ed) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Loan Document, whether arising as a consequence of any Default or Event of Default (other than a Specified Event with respect to the Defaults or Events of DefaultDefault waived hereby) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.