Waiver of Subsection. 8.1(a). The Lenders hereby waive compliance with the covenant in Subsection 8.1(a) for the period from September 30, 1999 to October 31, 1999.
Waiver of Subsection. 8.17. Subsection 8.17 is hereby waived to permit the Borrower to use the Net Cash Proceeds of the Additional Equity Investment to repurchase the Senior Subordinated Notes for an aggregate purchase price not to exceed the amount equal to (A) the Net Cash Proceeds of the Additional Equity Investment MINUS (B) the sum of (x) the aggregate amount of acquisitions made pursuant to subsection 8.10 in reliance upon such Net Cash Proceeds and (y) the aggregate amount of Capital Expenditures made pursuant to subsection 8.8 in reliance upon such Net Cash Proceeds.
Waiver of Subsection. 14.16 (Leverage Ratio and Senior Leverage Ratio). Subsections 14.16(a) and (b) of the Credit Agreement are hereby waived for the period commencing June 30, 2001 and ending July 31, 2001. On August 1, 2001 the Company shall be required to be in full compliance with its covenants as such covenants were in effect on June 30, 2001.
Waiver of Subsection. 8.1(b). The requirements of Subsection 8.1(b) of the Agreement are hereby waived to the extent, and only to the extent, that the interest coverage ratio calculated in accordance with Section 8.1(b) of the Agreement for the period of four consecutive fiscal quarters ended June 30, 2000 was less than 2.30 to 1.00, provided that such ratio for such period is not less than 2.00 to 1.00.
Waiver of Subsection. 4.9(B) OF THE CREDIT AGREEMENT. The Administrative Agent and the Required Lenders hereby waive any Default or Event of Default which may have occurred as a result of the receipt of a Reserve Report dated March 31, 1999 furnished by the Borrower on March 25, 1999 in lieu of the Reserve Report scheduled to be dated December 31, 1998 and furnished by the Borrower prior to March 1, 1999 and as a result of the Borrowing Base not being redetermined as provided in subsection 4.9 (as in effect prior to the effectiveness of this Fourth Amendment).
Waiver of Subsection. 9(m). The Lenders hereby waive any Default or Event of Default under subsection 9(m) of the Credit Agreement as a result of the Borrower's failure to maintain the Minimum Consolidated EBITDA required pursuant to Section 8.1 of the Junior Credit Agreement for the period of three fiscal quarters ending on September 30, 2001.
Waiver of Subsection. 7.1(c). The Lenders hereby waive compliance with the covenant in Subsection 7.1(c) for the period ending March 31, 2000; provided that the ratio of Total Liabilities of ASI to Consolidated Net Worth of ASI for such period is not greater than 1.28 to 1.00.
Waiver of Subsection. 7.1(e). The Lenders hereby waive compliance with the covenant in Subsection 7.1(e) for the period ending September 30, 1999; provided that the ratio of Consolidated EBITDA for such period minus Unfunded Capital Expenditures for such Period to Consolidated Fixed Charges of ASI for such period is not less than 1.43 to 1.00.
Waiver of Subsection. 8.10. Subsection 8.10 of the Credit Agreement is waived to the extent necessary to permit the consummation of the Leviathan/ANR Reorganization, it being agreed that subsection 8.10 shall continue to apply thereafter to transactions with or benefiting Leviathan/ANR Holdings and its Subsidiaries.
Waiver of Subsection. 8.10 (LIMITATIONS ON CERTAIN ACQUISITIONS). Clause (x) of the proviso in Subsection 8.10 is hereby waived to the extent necessary to permit the Moveline Acquisition.
