Agreement and Waiver Clause Examples

Agreement and Waiver. The Board of Directors of the Company has approved the provisions of the Agreement and Waiver.

Agreement and Waiver. In consideration of my assignment to CLIENT by STAFFING FIRM, I agree that I am solely an employee of STAFFING FIRM for benefits plan purposes and that I am eligible only for such benefits as STAFFING FIRM may offer to me as its employee. I further understand and agree that I am not eligible for or entitled to participate in or make any claim upon any benefit plan, policy, or practice offered by CLIENT, its parents, affiliates, subsidiaries, or successors to any of their direct employees, regardless of the length of my assignment to CLIENT by STAFFING FIRM and regardless of whether I am held to be a common-law employee of CLIENT for any purpose; and therefore, with full knowledge and understanding, I hereby expressly waive any claim or right that I may have, now or in the future, to such benefits and agree not to make any claim for such benefits. EMPLOYEE WITNESS Signature Signature Printed Name Printed Name Date Date

Agreement and Waiver. No Agreement to, or waiver of, any provision of this Agreement will be effective unless in writing and signed by both parties. The waiver by any party of any breach or default will not constitute a waiver of any different or subsequent breach or default.

Agreement and Waiver. The Board of Trustees of the Company has authorized the Company to enter into and perform the Agreement and Waiver.

Agreement and Waiver. On and from the Effective Date, the Facility Agent (acting on the instructions of the Lenders and on behalf of the Finance Parties): (a) consents to the Shares Transfer; (b) waives the application of Clause 19 (Financial Covenants); and (c) waives any Event of Default that has occurred in relation to the Borrower as a result of the occurrence of the Spin-Off Completion Date pursuant to: (i) clause 26.4 (other obligations) of the Facility Agreement in relation to paragraph (c) of clause 21.18 (share capital); (ii) clause 26.5 (misrepresentation) of the Facility Agreement in relation to a breach of paragraph (a) or (c) of clause 18.3 (share capital and ownership); and (iii) clause 26.10 (ownership of the obligors) of the Facility Agreement.

Agreement and Waiver. (a) Prior to the effectiveness of this Amendment, Section 2.2(d) of the Credit Agreement required the Borrower to make a $5,000,000 Reduction Installment on September 30, 2002. The Borrower failed to make such Reduction Installment. As a result of such noncompliance, an Event of Default has occurred and is continuing under the Credit Agreement. At the Borrower's request, the Lenders agree to waive such Event of Default if such Reduction Installment is received no later than October 1, 2002, and subject to the terms and conditions set forth herein. (b) Section 7(A) of the Warrant Agreements provides that no later than 45 days following the Issue Date (as defined therein), the Borrower will file a registration statement with the Securities and Exchange Commission to effect the registration under the Securities Act of 1933, as amended, of the shares of common stock issued or issuable upon the exercise of such Warrant Agreements and will cause such registration statement to become effective (the "Registration Effective Date") as a shelf registration no later than 90 days after the Issue Date (as defined therein). As part of the Second Amendment and with respect to the Warrant Agreements dated as of January 28, 2002, the Lenders agreed to provide an additional 30 days after each such compliance date, subject to the terms and conditions set forth in the Second Amendment. Pursuant to a letter agreement dated April 22, 2002, the Registration Date was again extended to June 10, 2002. The Borrower failed to cause its registration statement to become effective by such date, resulting in an Event of Default under the Credit Agreement. As part of the Third Amendment, the Lenders agreed to waive such Event of Default, subject to the terms and conditions set forth therein and provided that that the Borrower (i) filed its amended registration statement for the Warrant Agreements on a date not later than February 4, 2003 and (ii) caused such registration statement to become effective as a shelf registration on a date not later than March 31, 2003. The Borrower has informed the Lenders that it will be unable to cause such registration statement to become effective as a shelf registration by March 31, 2003. At the Borrower's request, the Lenders agree to extend the date by which such registration statement must become effective to a date not later than March 31, 2004. (c) The foregoing waiver and agreement is given in this instance only. The foregoing waiver and agreement sh...

Agreement and Waiver. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance, either retroactively or prospectively, and either for a specified period of time or indefinitely), only by the written consent of all parties hereto. Any agreement on the part of a party to any extension or waiver shall only be valid if set forth in an instrument in writing signed on behalf of such party. Any such waiver or extension shall not operate as waiver or extension of any other subsequent condition or obligation.

Agreement and Waiver. In further consideration of the benefits received and to be received by EOG pursuant to this Agreement, EOG acknowledges and agrees that, if any business opportunity is presented to or identified by Enron, except as otherwise provided in Section 4 of this Agreement Enron may pursue such opportunity without any obligation to offer it to EOG, provided that Enron's activities in pursuing such business opportunity are conducted in compliance with this Agreement in all material respects (including the provisions of Section 4 hereof). EOG acknowledges and agrees that in such case, to the extent that a court might hold that the conduct of such activity is a breach of a duty to EOG (and without admitting that the conduct of such activity is such a breach of duty), EOG hereby waives any and all claims and causes of action that EOG may have to claim that the conduct of such activity is a breach of a duty to EOG. The waivers and agreements herein apply equally to activities to be conducted in the future and activities that have been conducted in the past.

Agreement and Waiver. Subject to the terms hereof, Landlord by this agreement does hereby waive and relinquish to the Agent, its successors and assigns, all rights, claims and demands of every kind against the Collateral now located or to be located on the Premises which Landlord now has or may hereafter acquire on any of the Collateral. Landlord agrees that the Collateral shall at all times be considered to be personal property and shall not constitute a fixture or become part of the Premises. In the event of a default by Borrower in the performance of its obligations under the Credit Agreement, the Agent may enter and remain on the Premises for the purposes of repossessing, removing, selling or otherwise dealing with the Collateral or any part thereof for a period of up to 60 days after the Agent provides notice to Landlord without objection, delay, hindrance or interference by Landlord, and in such case Landlord will make no claim or demand whatsoever against the Collateral so long as the Agent is in possession of the Premises. Landlord further agrees that it shall give the Agent not less than 60 days written notice if the Agent shall be required to remove the Collateral. This Waiver shall be binding upon successors, transferees and assigns of Landlord and shall inure to the benefit of the successors and assigns of the Agent and the Banks.