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 or default nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit Parties, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereof, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 2 contracts

Samples: Waiver (Nci Building Systems Inc), Waiver (Nci Building Systems Inc)

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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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Waiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 2 contracts

Samples: Credit Agreement and Waiver (Bradley Pharmaceuticals Inc), Credit Agreement and Waiver (Hewitt Associates Inc)

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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default (other than the Acknowledged Event of Default) which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement (Benihana Inc)

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 or default Default other than as specifically waived herein nor as a waiver of any breach or default Default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this waiver, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Default or Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement (Blucora, Inc.)

Effectiveness of Waiver. This Waiver The waiver set forth in Section 1.1 shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Amedisys Inc)

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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrowers, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrowers with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrowers requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Alliance One International, Inc.)

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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 or default other action by the Borrowers nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrowers, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrowers with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrowers requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the any Administrative Agent’s, Collateral Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Credit Loan Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or Lenders’or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement (Bradley Pharmaceuticals Inc)

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 or default other than as specifically waived herein nor as a waiver of any breach or default of which the Lenders have not been informed by the Credit PartiesBorrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties Borrower with all terms and conditions of the Credit Agreement, except as specifically consented to pursuant to the terms hereofmodified or waived by this Amendment, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties Borrower requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as consented to and 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 Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies hereby being expressly reserved.

Appears in 1 contract

Samples: Credit Agreement (Alliance One International, Inc.)

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