Waiver and Forbearance. No rights of any Party shall be prejudiced or restricted by any indulgence or forbearance, to any other person or entity, and no waiver by any Party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
Waiver and Forbearance. 2.1. The Company has informed the Administrative Agent, the Collateral Agent and the Consenting Lenders that, but for this Amendment and Waiver, certain Unmatured Defaults and Defaults would result from the Restructuring Transactions under:
Waiver and Forbearance. Subject to the Obligors’ compliance with each of the terms and provisions of this Agreement, including, without limitation, the Obligors’ compliance with each of the Conditions Precedent contained in Article 4 below, the Bank agrees to waive the Defaults and to forbear from exercising its rights both at law and in equity to accelerate and collect the indebtedness owed to it under the Loans on account of the Defaults.
Waiver and Forbearance. 23.8 No failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver thereof and no waiver by either Party of any breach or non-fulfilment by the other Party of any provision of this Agreement shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof and no single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy. The rights and remedies of the Parties provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law. Severance
Waiver and Forbearance. No delay or forbearance by the Seller shall be construed to be a waiver of the Seller’s rights under any Contract unless such waiver is given expressly in writing by the Seller.
Waiver and Forbearance. 1.1 Subject to the conditions set forth in Section 2.1, Noteholder hereby grants the Company a waiver of the Defaults for the limited purpose of permitting the Company to consummate all of the transactions under and contemplated by the Asset Purchase Agreement (the “Transaction Waiver”). The Transaction Waiver shall not be effective until each of the conditions in Section 2.1 hereof have been fulfilled.
Waiver and Forbearance. In response to Borrower's request for a waiver of the Covenant Defaults as recited above, Lender hereby waives the Covenant Defaults as of January 3, 1998. In addition, in response to Borrower's request for Lender to forbear with respect to the Payment Default which is continuing, Lender agrees, subject to the terms and conditions set forth below, (a) to forebear from exercising any of its rights and remedies arising from the Payment Default (whether such rights and remedies arise under the Credit Agreement, any other Financing Agreement or applicable law) for the purpose of collecting any of the Obligations, and (b) to continue making loans, advances and other financial accommodations to Borrower and to factor the Factored Accounts, all on and subject to the terms and conditions set forth in the Credit Agreement, as amended by this Amendment. Such forbearance shall terminate on July 1, 1998, or earlier upon the happening of:
Waiver and Forbearance. The Bank hereby waives (i) the violations created by the Borrower's failure to be in compliance with the Tangible Net Worth covenant contained in Section 10.1 [Tangible Net Worth] of the Loan Agreement as of December 31, 2003 and for any period prior thereto and any Event of Default created thereby, and (ii) the violation created by the Borrower's failure to be in compliance with the Annual Income covenant contained in Section 10.6 [Annual Income] of the Loan Agreement as of December 31, 2003 and for any period prior thereto and any Event of Default created thereby. This waiver shall be a limited waiver for the time period stated herein and shall not constitute a course of conduct or dealing. Additionally, except as expressly provided herein, this Second Amendment shall not constitute a waiver of any existing defaults of the Borrower, and the Bank expressly reserves and retains all of their rights and remedies under the Loan Agreement with respect to this or any other violations or breaches of the Loan Agreement. Moreover, the Bank hereby agrees to forbear from pursuing any of its rights and remedies under the Loan Agreement as a result of the Events of Default created by the Borrower's violation of the Tangible Net Worth covenant contained in Section 10.1 [Tangible Net Worth] of the Loan Agreement as of December 31, 2003 and Borrower's violation of the Annual Income covenant contained in Section 10.6 [Annual Income] of the Loan Agreement as of December 31, 2003, all subject to the terms and provisions hereof.
Waiver and Forbearance. Except to the extent that such party may otherwise agree in writing, no waiver by such party of any breach by the other party of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by such party to seek a remedy for any breach of the other party be deemed a waiver by such party of its rights or remedies with respect to such breach.
Waiver and Forbearance. 8.1. No failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver thereof and no waiver by any of the Parties of any breach or non-fulfilment by any of the other Parties of any provision of this Agreement shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof and no single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
