Common use of Limited Waiver of Conditions Precedent Clause in Contracts

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 52 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Boise Cascade Holdings, L.L.C.)

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Limited Waiver of Conditions Precedent. If the Agent, the Issuing Bank Bank, or the Lenders fund any Revolving Loans, arrange for issuance of any Letters of Credit Credit, or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of the Agent, the Issuing Bank Bank, and the Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance issuance, or grant; grant nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 4 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Limited Waiver of Conditions Precedent. If Agentthe Agents, the Issuing Bank Banks or the Lenders fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agentthe Agents, the Issuing Bank Banks and the Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund Lender funds any Loans, arrange for issuance of issues any Letters of Credit or grant grants any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders Lender to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ashworth Inc), Loan Agreement (Ashworth Inc)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Revolver Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Monaco Coach Corp /De/), Loan and Security Agreement (Conns Inc)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, Loans or arrange for issuance of any Letters of Credit to or grant any other accommodation for the benefit of Borrowers when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance funding or grantissuance; nor or (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan Agreement (M/a-Com Technology Solutions Holdings, Inc.)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, Loans or arrange for issuance of any Letters of Credit to or grant any other accommodation for the benefit of Borrowers when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (ac) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance funding or grantissuance; nor (bd) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (YRC Worldwide Inc.)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, Loans or arrange for issuance of any Letters of Credit to or grant any other accommodation for the benefit of Borrowers when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance funding or grantissuance; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank the Agent or the Lenders fund any Loans, arrange for the issuance of any Letters letters of Credit credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and the Agent or the Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance funding or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Telx Group, Inc.)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund Lender funds any Loans, arrange for issuance of issues any Letters of Credit or grant grants any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction failure to satisfy such conditions was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders Lender to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor grant or (b) any Default or Event of Default due to such failure of to satisfy such conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Craftmade International Inc)

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Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.. AMENDED AND RESTATED CREDIT AGREEMENT β€” Page 64

Appears in 1 contract

Samples: Credit Agreement

Limited Waiver of Conditions Precedent. If Administrative Agent, Issuing Bank or Lenders fund any Loans, arrange for issuance of any Letters of Credit pursuant to this Agreement or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Administrative Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor , or (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrum Brands, Inc.)

Limited Waiver of Conditions Precedent. If AgentAgents, Issuing Bank Banks or Lenders fund any Loans, arrange for issuance of any Letters of Credit pursuant to this Agreement or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of AgentAgents, Issuing Bank Banks and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan Agreement (Superior Essex Inc)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank Banks or Lenders fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank Banks and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (United Maritime Group, LLC)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of conditions or otherwise.. PART V JOINDER PROVISIONS

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Limited Waiver of Conditions Precedent. If Agent, Issuing Bank or Lenders fund any Loans, Loans or arrange for issuance of any Letters of Credit to or grant any other accommodation for the benefit of Borrowers when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of all conditions precedent with respect to any subsequent funding, issuance funding or grantissuance; nor (b) any Default or Event of Default due to such failure of conditions or otherwise. SECTION 7.

Appears in 1 contract

Samples: Loan and Security Agreement (YRC Worldwide Inc.)

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