Common use of Waiver of Existing Default Clause in Contracts

Waiver of Existing Default. Subject to the terms and conditions set out in this Amendment, and in reliance of the representations and warranties of Borrowers set forth in Section 3.05 hereof, Agent and Lender hereby (a) waive any violation of, or noncompliance with, any provision of Credit Agreement or any Other Documents caused solely by the Existing Defaults, and (b) agree not to exercise any of their rights available under the Credit Agreement or the Other Documents solely as a result of any such violation or noncompliance described in clause (a) of this Section 3.01. Except as set forth in the first sentence of this Section 3.01, Borrowers hereby agree that (i) such waiver does not constitute a waiver of any present or future violation of or noncompliance with any provision of the Credit Agreement or Other Documents or a waiver of Agent’s or Lender’s rights to insist upon strict compliance with each term, covenant, condition, and provision of the Credit Agreement or any Other Documents executed from time to time in connection therewith, or (ii) prejudice any right or remedy Agent or Lender may now have (after giving effect to the foregoing waiver) or may have in the future under or in connection with the Credit Agreement or any Other Documents. Except as set forth in the first sentence of this Section 3.01, Agent and Lender hereby reserve all rights granted under the Credit Agreement, this Amendment, and any other contract or instrument among Borrowers, Lender and Agent.

Waiver of Existing Default. Subject to the terms and conditions set out in this Amendment, and in reliance of the representations and warranties of Borrowers set forth in Section 3.05 3.06 hereof, Agent and Lender Lenders hereby (a) waive any violation of, or noncompliance with, any provision of Credit Term Loan and Security Agreement or any Other Documents caused solely by the Existing Defaults, and (b) agree not to exercise any of their rights available under the Credit Term Loan and Security Agreement or the Other Documents solely as a result of any such violation or noncompliance described in clause (a) of this Section 3.01. Except as set forth in the first sentence of this Section 3.01, Borrowers hereby agree that (i) such waiver does not constitute a waiver of any present or future violation of or noncompliance with any provision of the Credit Term Loan and Security Agreement or Other Documents or a waiver of Agent’s or Lender’s Lenders’ rights to insist upon strict compliance with each term, covenant, condition, and provision of the Credit Term Loan and Security Agreement or any Other Documents executed from time to time in connection therewith, or (ii) prejudice any right or remedy Agent or Lender Lenders may now have (after giving effect to the foregoing waiver) or may have in the future under or in connection with the Credit Term Loan and Security Agreement or any Other Documents. Except as set forth in the first sentence of this Section 3.01, Agent and Lender Lenders hereby reserve all rights granted under the Credit Term Loan and Security Agreement, this Amendment, and any other contract or instrument among Borrowers, Lender Lenders and Agent.

Waiver of Existing Default. Subject to the terms and conditions set out in this Amendment, and in reliance of the representations and warranties of Borrowers set forth in Section 3.05 hereof, Agent and Lender Lenders hereby (a) waive any violation of, or noncompliance with, any provision of Credit Term Loan and Security Agreement or any Other Documents caused solely by the Existing Defaults, and (b) agree not to exercise any of their rights available under the Credit Term Loan and Security Agreement or the Other Documents solely as a result of any such violation or noncompliance described in clause (a) of this Section 3.01. Except as set forth in the first sentence of this Section 3.01, Borrowers hereby agree that (i) such waiver does not constitute a waiver of any present or future violation of or noncompliance with any provision of the Credit Term Loan and Security Agreement or Other Documents or a waiver of Agent’s or Lender’s Lenders’ rights to insist upon strict compliance with each term, covenant, condition, and provision of the Credit Term Loan and Security Agreement or any Other Documents executed from time to time in connection therewith, or (ii) prejudice any right or remedy Agent or Lender Lenders may now have (after giving effect to the foregoing waiver) or may have in the future under or in connection with the Credit Term Loan and Security Agreement or any Other Documents. Except as set forth in the first sentence of this Section 3.01, Agent and Lender Lenders hereby reserve all rights granted under the Credit Term Loan and Security Agreement, this Amendment, and any other contract or instrument among Borrowers, Lender Lenders and Agent.