Waiver of Specified Defaults. Subject to the terms and conditions of this Waiver, Lender hereby waives the Specified Defaults.
Waiver of Specified Defaults. (a) Each Borrower and Guarantor acknowledges and agrees that the Specified Defaults have occurred and are continuing.
Waiver of Specified Defaults. The Borrower has notified the Administrative Agent and the Lenders of the existence of certain Defaults and Events of Default under the Credit Agreement as a result of (a) the failure to comply with (i) the requirements of Section 5.12 of the Credit Agreement to cause Twin River-Tiverton, LLC, a wholly-owned Subsidiary of the Borrower (“Tiverton”), to promptly become a Subsidiary Guarantor and to guaranty, and pledge substantially all of its assets to secure, the Obligations and (ii) any corresponding requirements under the Guarantee and Collateral Agreement related thereto or that are otherwise required in connection with the formation of Tiverton (including the pledge by the Borrower of the capital stock of Tiverton), in each case, that are required to have been satisfied or complied with prior to the Fifth Amendment Effective Date, (b) the dissolution of Border Investments, LLC (the “Dissolution”) on September 18, 2017 and the transfer of substantially all of its assets to Tiverton, which was not a Subsidiary Guarantor at the time of the transfer of such assets, and (c) the failure to satisfy any notice or disclosure related requirements or misrepresentations related to the foregoing and/or related to the formation of Tiverton (including the failure to disclose the existence of Tiverton and/or the Dissolution in any Perfection Certificate supplement or other schedule delivered in connection with the Loan Documents and any misrepresentations as a result thereof) after the date of the formation of Tiverton and prior to the Fifth Amendment Effective Date (collectively, the “Specified Defaults”). Effective as of the Fifth Amendment Effective Date, the Lenders party hereto (constituting the Required Lenders) and the Administrative Agent (at the direction of the Required Lenders) hereby waive the Specified Defaults. The waiver provided in this Section 2 is limited to the Specified Defaults. The Lenders shall not be deemed to have waived any other Default, Event of Default or right other than the limited waiver of the Specified Defaults provided in this Section 2.
Waiver of Specified Defaults. Subject to the satisfaction of the conditions to effectiveness in Section 4 hereof, the Bank hereby waives the Specified Defaults.
Waiver of Specified Defaults. Subject to the satisfaction of the conditions to effectiveness in Section 4 hereof, the Bank hereby waives the Specified Default. Nothing contained in this waiver shall be construed to imply a willingness on the part of the Bank to grant any similar or other future waivers of any of the terms and conditions of the Loan Agreement or the other Loan Documents.
Waiver of Specified Defaults. Reference is hereby made to that certain Forbearance Agreement, dated as of September 30, 2010 (as amended by that certain First Amendment to Forbearance Agreement, dated as of November 15, 2010 and that certain Second Amendment to Forbearance Agreement dated as of December 23, 2010, the “Forbearance Agreement”) by and among Borrowers, Holdings, Administrative Borrower, certain Subsidiaries of Holdings as Guarantors, the Administrative Agent 118 and the other Lenders signatory thereto, whereby the Administrative Agent and the other Lenders signatory thereto agreed subject to the conditions therein to forbear from exercising any of the rights or remedies arising from the “Specified Defaults” as provided therein. Subject to the satisfaction or waiver of the conditions precedent and the conditions subsequent set forth in Sections 4.01 and 4.02 of this Agreement, and effective on the Closing Date, the Administrative Agent and the Lenders hereby waive each of the Specified Defaults as defined in the Forbearance Agreement, and the rights and remedies of the Administrative Agent and the other Lenders arising therefrom.
Waiver of Specified Defaults. In reliance upon the representations, warranties and covenants of the Borrowers contained in this Agreement, and subject to the terms and conditions of this Agreement and any documents or instruments executed or delivered in connection herewith, the Agent and the Lenders hereby waive the Specified Defaults solely for the fiscal quarter ending June 30, 2005.
Waiver of Specified Defaults. Subject to the terms and conditions of this Amendment, effective upon the Fourth Amendment Effective Date (as defined below), the Agent and Lenders hereby waive the Specified Defaults and their rights to pursue the remedies available to them solely on account of the Specified Defaults. The waiver contained in this Section 1 shall (a) not constitute or be deemed to constitute a waiver (except as otherwise expressly set forth herein), of (i) any Default or Event of Default other than the Specified Defaults, or (ii) any term or condition of the Credit Agreement except as modified herein, (b) not constitute or be deemed to constitute consent by the Agent and Lenders to anything other than the specific purpose set forth herein, and (c) not constitute a custom or course of dealing among the parties hereto.
Waiver of Specified Defaults. The Company, the Agent and Lender desire to have the Agent and the Lenders waive the Specified Defaults and to amend the Credit Agreement. In reliance on the representations and warranties set forth in Article 3 below, and subject to the satisfaction of the condition set forth in Article 4 below, Agent and Lender hereby agree that, upon the effectiveness of this Agreement, each of the Specified Defaults shall be deemed to have been waived by the Lender; provided, however, that such waiver pertains only to Specified Defaults set forth above for periods specified, and not to any other Default or Event of Default which may exist under, or any other matters arising in connection with, the Credit Agreement, any other agreements existing between the Company and the Lender or the Agent, or to any rights which the Lender or the Agent may have arising by virtue of any other actions or matters.
Waiver of Specified Defaults. Subject to terms and conditions of this Amendment, Administrative Agent and the undersigned Lenders, constituting Required Lenders, hereby agree to waive the Specified Defaults.
