Existing Default. 1. As of the date hereof, Borrower is and remains in default under the terms and conditions of the Existing Loan Documents by its failure to repay all Obligations on the maturity date thereof which coincides with the date of this Agreement ("EXISTING DEFAULT").
Existing Default. Lenders hereby waive the Existing Default and agree to exercise no right or remedy in respect thereof hereafter; provided, however, that this waiver (i) shall be limited to the Existing Default only and to no other Event of Default (known or unknown); and (ii) shall not be construed to suggest or imply that Lenders have waived, or will waive, any other similar or dissimilar Event of Default hereafter.
Existing Default. Borrower acknowledges that Borrower failed to comply with the covenant set forth in Section 10.6.1 of the Loan Agreement (Debt Service Coverage Ratio) for the reporting period ending December 31, 2012 (the “Existing Default”).
Existing Default. If no successor Administrative Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the retiring Administrative Agent's giving of notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent which shall be a commercial bank organized under the laws of the United States of America having combined capital and surplus of at least $100,000,000. Upon the acceptance of any appointment as Administrative Agent hereunder by a successor, such successor shall thereupon succeed to and become vested with all the rights, powers, discretion, privileges, and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from its duties and obligations hereunder. If no successor has accepted appointment as Administrative Agent within thirty (30) days after the date on which Administrative Agent first attempts to appoint a successor Administrative Agent, the resigning Administrative Agent's resignation shall nevertheless thereupon become effective and the Lenders shall perform all of the duties of the Administrative Agent hereunder until such time, if any, as the Required Lenders appoint a successor which accepts such appointment. After any retiring Administrative Agent's resignation hereunder as Administrative Agent, the provisions of this Section 16.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Administrative Agent.
Existing Default. Borrower hereby acknowledges, confirms and agrees the Existing Default has occurred, it presently constitutes an Event of Default and entitles Lender to exercise its rights and remedies under the Loan Documents.
Existing Default. Lender hereby agrees that simultaneous with the execution of this Agreement by Borrowers and Lender, the “default” status of the Credit Agreement resulting from and relating to the written notice of Event of Default issued by Lender to Borrowers on or about December 21, 2012 (the “Existing Default”), shall be deemed to be cured, and the Credit Agreement, as hereby amended, shall, as of the date of execution of this Amendment, be deemed to be in non-default status.
Existing Default. Although Borrower has existing disputes with the ----------------- holders of the Subordinated Notes regarding its failure to comply with Section 4.9 of the Indenture, Borrower acknowledges to Lender for the purpose of this Agreement and the Credit Agreement that the Specified Default (as defined below) has occurred and continues under the Credit Agreement.
Existing Default. The Credit Parties acknowledge the Existing Defaults. The Credit Parties agree that by entering into this Agreement, the Defendant is not waiving any rights it may have arising under or from the Existing Defaults, the Credit Agreements or any related transaction documents.
Existing Default. Pursuant to Subsection 2.2 of the Settlement Agreement, Khan and the Hencie Parties are required to pay monthly installments to Drawbridge. As of the date of execution of this Agreement, Khan and the Hencie Parties hereby acknowledge, confirm and agree that each of Khan and the Hencie Parties has failed to pay the monthly installments due on December 6, 2002, January 6, 2003 and February 6, 2003, as required by Subsection 2.2 of the Settlement Agreement, and such failure presently constitutes an Event of Default and entitles Drawbridge to exercise rights and remedies under the Settlement Agreement and the other Judgment Documents.
Existing Default. The Company’s Consolidated Adjusted EBITDA (measured prior to the effectiveness of this Amendment) for the trailing twelve months ended December 31, 2009 was $5,913,309, which failed to comply with the minimum requirement of $6,500,000 for such period.
