Common use of Waiver of Covenants Clause in Contracts

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if before or after the time for such compliance the holders of a majority in principal amount of the Securities of all series affected thereby then Outstanding shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 27 contracts

Samples: Indenture (NewAmsterdam Pharma Co N.V.), Indenture (Summit Financial Group, Inc.), Indenture (Chemours Co)

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Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 22 contracts

Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Amcomp Inc /Fl)

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if before or after the time for such compliance the holders of a majority in principal amount of the Securities of all series affected thereby then Outstanding shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 9 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Amalgamated Financial Corp.), Indenture (Hanmi Financial Corp)

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.5 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Securities Outstanding Senior Notes shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 9 contracts

Samples: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Sections 10.5 and 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Beazer Homes Usa Inc, Arbor Realty Trust Inc, Arbor Realty Trust Inc

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities of all series affected thereby then Outstanding shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc)

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, by consent of such holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc), Novastar Financial Inc

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.5 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by the Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Supplemental Indenture (BRT Realty Trust), BRT Realty Trust

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Sections 10.5 or 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Sections 10.5 and 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate of principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Gramercy Capital Corp

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Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.5 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Comstock Homebuilding Companies, Inc.

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.6 or Section 10.9 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Wci Communities Inc

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Sections 10.5 and/or 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: JER Investors Trust Inc

Waiver of Covenants. The Company may omit in any particular instance to comply with any covenant or condition set forth herein if contained in Section 10.5 and Section 10.6 if, before or after the time for such compliance compliance, the holders Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall, by Act of all series affected thereby then Outstanding shall such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

Waiver of Covenants. The Company may omit in any particular instance to not comply with any covenant or condition set forth herein if before or after the time for such compliance the all holders of a majority in principal amount of the Securities of all series affected thereby then Outstanding Shares shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, waived in writing and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Shareholders Agreement (Security Capital Assurance LTD)

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