Common use of Pursuant to Section 13 Clause in Contracts

Pursuant to Section 13. 2 of the Credit Agreement and subject to the terms and conditions hereof, including, without limitation, the conditions to effectiveness set forth in Section 4 hereof, the Administrative Agent, the Issuing Lender and the other Consenting Lenders party hereto waive any and all Defaults and Events of Default occurring pursuant to (a) Section 11.1(d), Section 11.1(e) and/or Section 11.1(g)(i) of the Credit Agreement, in each case, solely as a result of the failure by the Borrower and the Canadian Borrower to comply with the Delivery Requirements and to provide notice of such failure to the Administrative Agent and (b) Section 11.1(d) and Section 11.1(g)(i) of the Credit Agreement, in each case, solely as a result of the failure by the Borrower and its Subsidiaries to comply with the financial covenants set forth in Sections 9.1 and 9.2 of the Credit Agreement and Sections 9.1 and 9.2 of the Canadian Credit Agreement, in each case, solely with respect to the testing period ended September 30, 2008.