Forbearance Agreement. This agreement shall not establish a custom or course of dealing and does not waive, limit or postpone any of Borrower's obligations under the Credit Agreement, any of the Loan Documents or otherwise, and any discussions (written or oral) which have occurred or which may hereafter occur are not, and shall not be deemed to be, a waiver, limitation or postponement of any of Lender's rights and remedies under the Credit Agreement, any of the Loan Documents or applicable law, all of which rights and remedies are expressly reserved. This agreement shall not become effective until the conditions precedent set forth in Section 2 hereof have been satisfied. This agreement shall expire on the Extension Expiration Date at which time all terms and conditions of the Credit Agreement shall apply without giving effect to the forbearance provided for herein and Lender shall be entitled to exercise all rights and remedies available to it on account of any Event of Default, whether existing as of the date hereof, the date of the Forbearance Agreement or otherwise.
Forbearance Agreement. Notwithstanding anything herein to the contrary, the exercise of any right or remedy by the Secured Party hereunder is subject to the provisions of that certain Forbearance Agreement, dated as of August 1, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “Forbearance Agreement”), among Issuer, Parent, the Subsidiary Grantors, the Holders, the Second Lien Holders and the Parent Third Lien Holders (and by which the Spinco Third Lien Holders are bound). In the event of any conflict between the terms of the Forbearance Agreement and this Agreement, the terms of the Forbearance Agreement shall govern and control.
Forbearance Agreement. Subject to the terms and conditions set forth herein, the Lender hereby agrees to forbear from exercising its rights and remedies under the Loan Documents with respect to the Specified Default until that date (the “Forbearance Termination Date”) which is the earliest to occur of (i) July 29, 2009, (ii) the occurrence after the date hereof of any Event of Default other than the Specified Default, including without limitation, any application for, or consent by the Borrower to, the appointment of an administrator, receiver, trustee or liquidator of any of the Borrower’s properties or assets, (iii) the failure of the Borrower to comply with any term set forth in this Agreement, or (iv) the date that the Borrower shall commence any litigation proceeding against the Lender or any Affiliate of the Lender in connection with or related to any of the transactions contemplated by the Loan Documents, this Agreement or any documents, agreements or instruments executed in connection with any of the foregoing. On and after the Forbearance Termination Date, the Lender shall be free in its sole and absolute discretion to proceed to enforce any or all of its rights under or in respect of the Loan Documents and applicable law, including, without limitation, (x) the right to require the immediate repayment of the Loans and the other obligations of the Borrower under the Loan Documents (the “Obligations”) in full in accordance with the provisions of the Loan Documents, and (y) the right to take possession of the Collateral (as defined in the Security Agreement).
Forbearance Agreement. Notwithstanding anything herein to the contrary, the exercise of any right or remedy by the Holder of this Note is subject to the provisions of the Forbearance Agreement. In the event of any conflict between the terms of the Forbearance Agreement and this Note, the terms of the Forbearance Agreement shall govern and control.
Forbearance Agreement. The Acton Board of Selectmen agrees to forbear, for the term of this Agreement, from seeking or actively supporting authorization from the Massachusetts General Court to withdraw water from Nagog Pond, petitioning the Massachusetts General Court to modify or amend the terms of the 1884 Act, from seeking a judicial determination that would constrain Concord’s rights under the 1884 Act, or from applying for a Water Management Act Permit from the Massachusetts Department of Environmental Protection seeking authorization to withdraw water from Nagog Pond. This forbearance agreement shall not in any way constrain or bind the Acton Water District or preclude the Acton Water District from pursuing agreements with Concord relating to sharing water from their respective sources on an emergency basis or otherwise.