FOREBEARANCE. Holdco hereby agrees that, in the event it acquires a sufficient number of 10% Notes so as to constitute the Required Holder thereunder, any and all defaults thereunder, now or hereafter arising, are hereby waived until such time as Holdco, in its sole discretion, delivers notice of revocation of its waiver hereunder, in whole or in part.
FOREBEARANCE. No time, indulgence or relaxation shown or granted by the Service Provider in respect of any one or more provisions of this Agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of the Service Provider under this Agreement or operate as a waiver of any breach by the Company of the terms of this Agreement.
FOREBEARANCE. No forbearance indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of these terms and conditions shall in any way affect diminish restrict or prejudice the rights or powers of the Owner hereunder or operate as or be deemed to be a waiver of any breach by the Hirer of these terms and conditions.
FOREBEARANCE. As of this date Borrower has defaulted under the financial covenants set forth in Sections 9.16 and 9.17 of the Agreement (the "Financial Covenant Defaults"). Borrower has requested that, with respect to the Financial Covenant Defaults only, Lender to forebear from exercising its rights and remedies under the Agreement for a 60- day period commencing on January 1, 2000, and Lender has agreed to temporarily forebear from exercising its rights and remedies solely with respect to the Financial Covenant Defaults for a period of 60 days or for so long as Lender, in its sole discretion, deems appropriate. Further, during the 60-day period of forebearance, Borrower shall not be subject to any default rate of interest and the Letter of Credit Fee and Swap Transaction Fee shall not be subject to any increases resulting from any Event of Default as provided under the Agreement.
FOREBEARANCE. The Lenders have agreed to forebear exercising rights and remedies, which rights and remedies may arise as a result of an Event of Default (any such prospective Event of Default, a "Financial Covenants Default") under the provisions of Section 7(c) of the Credit Agreement with respect to Section 6.15 of the Credit Agreement (the "Financial Covenants"), against assets of the Borrower and its Subsidiaries that, pursuant to the terms of the Loan Documents, secure the Obligations of the Borrower to the Agent and the Lenders under the Credit Agreement and the other Loan Documents until April 30, 1999 (the period from the Third Amendment Effective Date (as defined below) to April 30, 1999 is hereafter referred to as the "Forbearance Period") in order to give the Borrower the opportunity to negotiate in good faith with the Lenders to achieve a modification of the Financial Covenants or a waiver of any Financial Covenants Default or other arrangement, in any case satisfactory to the Lenders in their sole discretion. It is understood that no Letters of Credit shall be issued under the Credit Agreement during the Forbearance Period. Nothing in this Section 1.04 shall imply any waiver or release by the Agent or the Lenders of any rights or remedies to which they are entitled under the Credit Agreement or other Loan Documents, or of the benefit of any other terms and conditions of the Credit Agreement or other Loan Documents other than as expressly set forth in this Section 1.04 during the Forbearance Period. If as of April 30, 1999, each Financial Covenants Default, if any, has not been waived or the Financial Covenants have not been modified to the satisfaction of Lenders in their sole discretion, the Forbearance Period shall terminate, and the Lenders may exercise all of their rights and remedies under the Credit Agreement and other Loan Documents.
FOREBEARANCE. Subject to the terms and conditions of this Forebearance Agreement, including, without limitation, the provisions of SECTION 8 hereof, the Lender hereby agrees to, and extends to the Borrower, the Forebearance.
FOREBEARANCE. 20.1 No time indulgence or relaxation on the part of Ribbex shown or granted in respect of any of the provisions of this agreement shall in any way affect diminish restrict or prejudice the rights or powers of Ribbex under this agreement or operate as or be a waiver of any breach by the Customer of the terms of this agreement.
FOREBEARANCE. 4.1 The Buyer shall use all reasonable endeavours to procure that the Company shall not make demand on the EBT Trustee for repayment under the Trustee Facility Agreement until the date upon which either of the C-Corp Sellers have converted, or could have converted, their interest in the Buyer into shares in the Corporation and such shares are or would have been if the C-Corp Sellers converted such shares the subject to a registration statement with the Securities and Exchange Commission enabling such shares to be freely sold by the C-Corp Sellers PROVIDED THAT this clause 4.1 shall not be breached in the event that Company makes demand on the EBT Trustee for repayment under the Trustee Facility Agreement in an amount up to the cash amount held by the EBT Trustee from time to time.
FOREBEARANCE. 15.1 No time indulgence or relaxation on the part of Xxxx Recycling shown or granted in respect of any of the provisions of the Agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of Xxxx Recycling under the Agreement or operate as or be a waiver of any breach by the Supplier of the terms of the Agreement.
FOREBEARANCE. The Purchaser agrees to forebear in enforcing its remedies under the Notes, the Securities Purchase Agreement and the other agreements and instruments contemplated thereby for breaches which have occurred prior to the date hereof for so long as CellPoint is in compliance in all material respects with its obligations under this Agreement.
