Subject Provisions definition

Subject Provisions means each of Section 6.02(b)(xiii), Section 7.05 and Section 11.09.
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Subject Provisions means and include each of Sections 6.9(vi), 6.13(e), 7.1(e), and 7.1(f).
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Subject Provisions means exclusively (i) the minimum Fixed Charge Coverage Ratio set forth in Section 9.2 of the Credit Agreement, and (ii) the minimum Consolidated Tangible Net Worth set forth in Section 9.3 of the Credit Agreement. Borrower acknowledges that (a) this waiver is a limited waiver that applies only to compliance with the Subject Provisions during the Waiver Period as set forth herein and except as specifically stated herein is not an agreement by Lenders to forbear from exercising any of their default related rights or waive compliance with (i) the Subject Provisions for any period other than the Waiver Period, or (ii) any other covenant or agreement set forth in the Loan Documents, whether during the Waiver Period or otherwise, (b) Lenders expressly reserve all of their rights and remedies under the Loan Documents and applicable law with respect to the noncompliance by Borrower with respect to all other covenants and agreements set forth in the Loan Documents and with respect to any noncompliance with the Subject Provisions during any period other than the Waiver Period, and (c) Lenders’ agreement to forbear from exercising default-related rights and remedies regarding the Subject Provisions as described in this Section does not relate to or extend to any actions that Lenders may take necessary to the administration of the Loan and the Loan Documents or the protection, preservations or perfection of Lenders’ interest in any collateral, all as determined by Lenders in their sole discretion. Except as specifically modified herein, all of Lenders’ rights and remedies are cumulative and may be exercised by Lenders at any time in Lenders’ sole discretion. Lenders expect full and complete performance by Borrower of its other obligations under the Loan Documents as and when required, including its financial reporting requirements as modified herein. “Early Covenant Compliance Date” means any date after the Effective Date that Borrower delivers to Agent a pro forma Compliance Certificate satisfactory to Agent and Lenders evidencing compliance with the financial covenants set forth in Section 9 of the Credit Agreement for the most recent trailing twelve (12) months, including compliance with the Subject Provisions without any waiver or modification thereto.
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Examples of Subject Provisions in a sentence

  • For the avoidance of doubt, the waiver of compliance with the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose after the last day of the Waiver Period.

  • For the avoidance of doubt, the waivers of the Limited Waiver Period Subject Provisions set forth herein shall not extend beyond the last day of the Limited Waiver Period, and such waivers shall be of no force or effect for any purpose after the last day of the Limited Waiver Period.

  • The Subject Provisions, including without limitation the release contained therein, shall survive the Closing and the delivery and recording of the Deed in perpetuity.

  • Buyer has initialed this Section below to further indicate Buyer’s awareness and acceptance of each and every provision of the Subject Provisions.

  • Seller has given Buyer material concessions regarding this transaction in exchange for Buyer agreeing to the Subject Provisions.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose other than in respect of the Subject Provisions during the Waiver Period (which waiver for such time period shall remain and continue) after the last day of the Waiver Period.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose after the last day of the Waiver Period.

  • Buyer expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which provides: The Subject Provisions are material and included as a material portion of the consideration given to Seller by ▇▇▇▇▇ in exchange for Seller's performance under this Agreement.

  • Buyer expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which provides: The Subject Provisions are material and included as a material portion of the consideration given to Seller by Buyer in exchange for Seller's performance under this Agreement.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Permitted Draw Period and such waiver shall be of no force or effect for any purpose after the last day of the Permitted Draw Period.