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. 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. 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. 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, 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. 20.1 No time indulgence on the part of Serco shown or granted in respect of any of the provisions of this Agreement shall in any way affect diminish, restrict or preclude the rights of powers of Serco under this Agreement or operate as or be a waiver of any breach by the Customer of the terms of this Agreement.
FOREBEARANCE. 20.1 No time indulgence or relaxation on the part of HBC shown or granted in respect of any of the provisions of this agreement shall in any way affect diminish restrict of prejudice the rights or powers of HBC under this agreement or operate as or be a waiver of any breach by the customer of the terms of this agreement.
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. 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. Subject to the terms of this Forebearance Agreement, at the request of Company, Lenders agree to forebear from exercising their rights and remedies under the Credit Documents in respect of the Identified Events of Default that have occurred prior to and will continue after the Forebearance Effective Date (as defined below), such agreement to forebear to terminate, on the earlier to occur of (i) April 15, 2002, (ii) the occurrence of a Default or an Event of Default after the Forebearance Effective Date (other than Identified Events of Default), (iii) any holder or holders of any Indebtedness of Company (including, without limitation, any Indebtedness under the Public Indentures) or any trustee or agent on its or their behalf take any action to (a) exercise or attempt to exercise any remedial or other rights with respect to such Indebtedness or (b) cause or attempt to cause any Indebtedness to become due or to require or attempt to require the prepayment, repurchase, redemption or defeasance thereof, (iv) any material change in the terms of the New Investment that the Lenders, in their reasonable discretion, deem adverse to the Lenders, (v) either Company or any of the Investors publicly announcing that the New Investment will not be made, (vi) any Material Adverse Effect since November 29, 2001, the date on which Company filed a Form 8-K with the Securities and Exchange Commission describing the New Investment, (vii) any litigation brought against the Lenders or the Administrative Agent by Company, any creditor thereof or any affiliate thereof to the extent such litigation relates to this Forebearance Agreement, any Credit Documents or any of the transactions contemplated hereby or thereby, (viii) any additional Indebtedness of the types set forth in Sections 6.1(c), (h), (i), (j), (k),(m), (n) or (o) of the Credit Agreement is incurred by Company, any Restricted Subsidiary or any Unrestricted Subsidiary or any additional Investment is made by Company, any Restricted Subsidiary or any Unrestricted Subsidiary pursuant to (a) Section 6.5(b)(iii) or (iv) or (b) Section 6.5(h) or (i) of the Credit Agreement, (ix) notwithstanding anything set forth in the Credit Agreement to the contrary, the failure by Company to prepay the Loans and/or reduce the Commitments with 100% of the Net Asset Sale Proceeds from any Asset Sale within three (3) Business Days of receipt thereof by Company or any of its Subsidiaries, pursuant to Section 2.13(b) of the Credit Agreement, (...
