Default Waiver. If an Event of Default with respect to the Notes shall occur and be continuing, then either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Notes of this series then Outstanding may declare the aggregate principal amount of the Notes of this series to be immediately due and payable in the manner, with the effect and subject to the conditions provided in the Indenture. The Indenture provides that in the event of such a declaration, the holders of a majority in aggregate principal amount of all of the Notes of this series then outstanding, voting as a separate class, in accordance with the provisions of, and in the circumstances provided by, the Indenture, may rescind and annul the declaration and its consequences and the related default and its consequences may be waived with respect to all of the Notes.
Default Waiver. A Majority of the Class B Preferred Securities may, by vote, on behalf of all Class B Preferred Securityholders, waive any past Event of Default with respect to the Class B Preferred Securities and its consequences, except that an Event of Default in respect of any covenant or provision hereof or of the Class B Preferred Guarantee, as applicable, which (i) cannot be modified or amended without the consent of each Holder of Class B Preferred Securities, can only be waived by all Holders of Class B Preferred Securities, or (ii) can only be modified or amended with the consent or vote of the Holders of more than 50% of the Class B Preferred Securities, can only be waived under this Agreement by the vote of the Holders of at least the same percentage of the Class B Preferred Securities. The foregoing provisions of this Section 2.06 shall be in lieu of Section 316(a)(1)(B) of the Trust Indenture Act and such Section 316(a)(1)(B) of the Trust Indenture Act is hereby expressly excluded from this Agreement and the Trust Securities, as permitted by the Trust Indenture Act. Upon such waiver, any such Event of Default shall be deemed to have been cured, for every purpose of this Agreement, but no such waiver shall extend to any subsequent or other Event of Default or impair any right consequent thereon.
Default Waiver. Any Assignment or Sublease in violation of this Section 18 shall be void and, at the option of Landlord, shall constitute a material default by Tenant under this Lease. The acceptance of rent or additional charges by Landlord from a purported assignee or sublessee shall not constitute a waiver by Landlord of the provisions of this Section 18.
Default Waiver. Failure at any time or times hereafter on the part of Agent or any Lender, to require strict performance by Borrower and each Guarantor with any provision or term of this Agreement shall not waive, affect or diminish any right of Agent or the Lenders thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Agent or the Lenders of a Default or Event of Default shall not, except as may be expressly set forth herein, suspend, waive or affect any other Default or Event of Default, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character.
Default Waiver. On October 13, 2005, October 31, 2005 and January 25, 2006, Access sent Strategic letters notifying Strategic of the existence of various Defaults under the Agreement (the “Existing Defaults”). Effective as of the date hereof, Access hereby waives the Existing Defaults. Nothing contained herein shall constitute a waiver of any other Default heretofore or hereafter existing under the Agreement or continued compliance by Strategic with the terms of the Agreement, as amended by this Amendment.
Default Waiver. The Agent and the Lenders hereby waive any Default or --------------- Event of Default resulting from any violation by the Borrowers of Sections 9.1 (b), (c) and (d) of the Credit Agreement for the reporting period of the Borrowers ended April 30, 1999. This waiver shall be a one-time waiver covering the period ended April 30, 1999 and shall in no way serve to waive any obligations of the Borrowers other than as expressly set forth above.
Default Waiver. Borrower hereby acknowledges and agrees that Borrower breached the Fixed Charge Coverage Ratio covenant contained in Section 6.4(a) of the Credit Agreement as of September 29, 2007 (the “Existing Default”). Borrower hereby represents and warrants to the Agent and the Lenders that no Unmatured Event of Default or Event of Default exists as of the date of this Seventh Amendment, other than the Existing Default. Lenders and the Agent hereby waive the Existing Default; provided that such waiver shall not be or be deemed to be a waiver of any other Events of Default, whether now existing or hereafter arising or occurring, including, without limitation, any other Events of Default arising under Section 6.4(a) of the Credit Agreement after the date hereof.
Default Waiver. (a) Subject to the terms and conditions set forth herein, Lender hereby waives the Event of Default arising under Section 10.1(a) of the Loan Agreement as a result of the failure of Borrower to maintain the Adjusted Tangible Net Worth as required under Section 9.18 of the Loan Agreement through the date immediately prior to the effectiveness of Amendment No. 1.
Default Waiver. The Bank shall have waived any Default or Event of Default occurring between August 14, 1998 and the closing date, if not previously waived, provided that such Default or Event of Default has not caused or resulted in a Material Adverse Effect on the Company and its Subsidiaries when taken together as a whole.
Default Waiver. Bank hereby waives Borrower’s existing default under the Loan Agreement by virtue of Borrower’s failure to comply with the Tangible Net Worth covenant as of quarter ended September 30, 2002. Bank’s waiver of Borrower’s compliance of this covenant shall apply only to the foregoing quarter. Accordingly, for the quarter ending December 31, 2002, Borrower shall be in compliance with this covenant. Bank’s agreement to waive the above-described default (1) in no way shall be deemed an agreement by the Bank to waive Borrower’s compliance with the above-described covenant as of all other dates and (2) shall not limit or impair the Bank’s right to demand strict performance of this covenant as of all other dates and (3) shall not limit or impair the Bank’s right to demand strict performance of all other covenants as of any date.
