Forbearance Agreement. Except as otherwise expressly provided herein, (i) the Forbearance Agreement is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the date hereof (A) all references in the Forbearance Agreement to "this Forbearance Agreement ", "hereto", "hereof", "hereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this Amendment, and (B) all references in the Financing Agreement or any other Loan Document to the " Forbearance Agreement ", "thereto", "thereof", "thereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this amendment. This Amendment shall be effective only in the specific instances and for the specific purposes set forth herein and does not allow for any other or further departure from the terms and conditions of the Forbearance Agreement or the Financing Agreement which terms and conditions shall remain in full force and effect. 6.
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. Until April 30, 2001, the Bank and Hancxxx xxxll not demand or accept any payment, principal or interest, or accelerate or take any enforcement action with respect to the Bank Loan and the Hancxxx Xxxes. For the purposes hereof "enforcement action" means any of the following: (a) to take from or for the account of the Company by set-off or in any other manner the whole or any part of any monies which may now or after be owing by the Company with respect to the Bank Loan or the Hancxxx Xxxes; (b) to sue xxx payment of, or initiate or participate in any other suit, action or proceeding against the Company (i) to enforce payment of or to collect the whole or any part of the Bank Loan or the Hancxxx Xxxes or (ii) to enforce any other rights, powers, privileges or remedies under the Bank Loan Documents or the Hancxxx Xxxe Agreement; or (c) to take any action under the provisions of any state or federal law to enforce, foreclose upon, take possession of or sell any property or assets of the Company. In addition, the Bank and Hancxxx xxxll agree to cooperate to the extent commercially reasonable with respect to any other forbearance matters which shall be required in order for the Company to receive a "clean" audit report in its financial statements without any qualifications or exceptions.
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, the Subsidiary Grantors, the First Lien Holders, the Second Lien Holders and the 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. 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.