Forbearance; Forbearance Default Rights and Remedies. (a) Effective on the Forbearance Effective Date, each of the Lenders and the Agent agrees that until the expiration or termination of the Forbearance Period, it will forbear from exercising its default-related rights and remedies against any Company or the Collateral solely with respect to the Existing Events of Defaults, including acceleration and foreclosure; provided that (i) neither any Lender nor the Agent shall have any obligation to make any further loans or other extensions of credit to any Company; (ii) each Company shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Transaction Documents during the continuance of any Event of Default; (iii) nothing herein shall restrict, impair or otherwise affect the Lenders’ or the Agent’s rights and remedies under any agreements containing subordination provisions (including, without limitation, the Affiliate Subordination Agreements) in favor of the Lenders or the Agent (including, without limitation, any rights or remedies available to the Lenders or the Agent as a result of the occurrence or continuation of any Existing Event of Default) or amend or modify any provision thereof; and (iv) nothing herein shall restrict, impair or otherwise affect the Agent’s right to file, record, publish or deliver a notice of default or document of similar effect under any state foreclosure law upon the expiration or termination of the Forbearance Period. Any Forbearance Default shall constitute an immediate Event of Default under this Agreement and the Transaction Documents without the requirement of any demand, presentment, protest or notice of any kind to any Company (all of which each Company waives).
Forbearance; Forbearance Default Rights and Remedies. (a) In reliance upon the representations and 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 in connection herewith, effective as of the Forbearance Effective Date, each of the Forbearing Lenders (severally and not jointly) agrees that, until the expiration or termination of the Lender Forbearance Period, it will forbear from:
Forbearance; Forbearance Default Rights and Remedies. (a) Effective as of the Forbearance Effective Date, each of the Noteholders agrees that until the expiration or termination of the Forbearance Period, it will temporarily forbear from exercising its default-related rights and remedies against Issuer or any other Credit Party solely with respect to the Specified Defaults; provided, however,
Forbearance; Forbearance Default Rights and Remedies. (a) Effective as of the Forbearance Effective Date (as hereinafter defined), Xxxxxx agrees that until the expiration or termination of the "Forbearance Period" (as hereinafter defined), it will temporarily forbear from exercising any default-related rights and remedies against Borrower, in each case solely with respect to the Specified Default; provided, however, that:
Forbearance; Forbearance Default Rights and Remedies. (a) Effective as of the Forbearance Effective Date, the Lenders agree that until the expiration or termination of the Forbearance Period (as hereinafter defined), they will temporarily forbear from exercising their respective default-related rights and remedies against Borrower or any other Loan Party solely with respect to the Specified Default. As used herein, the term “
Forbearance; Forbearance Default Rights and Remedies. (a) Effective on the Forbearance Effective Date, each Lender Party agrees, without any waiver of the Specified Defaults, that until the expiration or termination of the Forbearance Period, it will forbear from exercising the rights and remedies available to it (if any) under Article VIII of the Credit Agreement (other than (w) the giving of written notice of the Specified Gibraltar Default pursuant to Sections 8.01(e) and 10.01 of the Credit Agreement, (x) the acceleration of the Loans pursuant to Section 8.01 of the Credit Agreement, (y) the delivery of a written direction instructing the Administrative Agent to deliver a written instruction to Escrow Agent to distribute all the funds in the Escrow Account to the Administrative Agent to prepay the Loans pursuant to Section III(d) of the Escrow Agreement and Section 2.10(a)(i) of the Credit Agreement and (z) the delivery by the Administrative Agent of a written instruction to the Escrow Agent to distribute all of the funds in the Escrow Account to the Administrative Agent to prepay the Loans pursuant to III(d) of the Escrow Agreement and Section 2.10(a)(i) of the Credit Agreement), under the other Loan Documents and/or under applicable law, in each case against any Loan Party or the Collateral solely with respect to the Specified Defaults; provided, however, that (i) nothing herein shall restrict, impair or otherwise affect any Lender Party’s rights and remedies under any agreements containing subordination provisions in favor of any or all of the Lender Parties (including, without limitation, any rights or remedies available to the Lender Parties as a result of the occurrence or continuation of the Specified Defaults) or amend or modify any provision thereof, (ii) nothing herein shall restrict, impair or otherwise affect the Administrative Agent’s or any Lender’s right to file, record, publish or deliver a notice of default or document of similar effect under any state foreclosure law upon the expiration or termination of the Forbearance Period. Any Forbearance Default shall constitute an immediate Event of Default under this Agreement, the Credit Agreement, and the other Loan Documents without the requirement of any demand, presentment, protest, or notice of any kind to any Loan Party (all of which each Loan Party waives) and (iii) nothing herein shall restrict, impair or otherwise affect the Administrative Agent’s ability to comply with instructions from the Required Lenders as contemplated by herein an...
Forbearance; Forbearance Default Rights and Remedies. (a) As of the Effective Date, each of the Lenders and the Administrative Agent agrees that until the expiration or termination of the Forbearance Period, it will forbear from exercising its default-related rights and remedies against Borrower arising solely with respect to the Specified Defaults; provided, however, (i) the Obligations shall continue to bear interest as specified herein, (ii) the Lenders shall have no obligation to make any further Loans or make other extensions of credit to Borrower, (iii) Borrower shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, (iv) except as otherwise expressly set forth herein, nothing herein shall restrict, impair or otherwise affect any Lender’s or other Secured Party’s other rights and remedies under any agreements, including, without limitation, any agreement containing subordination provisions in favor of any or all of the Lenders or amend or modify any provision thereof, (v) nothing herein shall restrict, impair or otherwise affect Administrative Agent’s right to file, record, publish or deliver a notice of default or document of similar effect under any state foreclosure law and (vi) nothing herein shall restrict, impair or otherwise affect Administrative Agent’s and Lenders’ rights referred to herein.
Forbearance; Forbearance Default Rights and Remedies. (a) Effective as of the date hereof, in reliance upon the representations, warranties and covenants of the Obligors contained in this Agreement, and solely upon the terms and subject to the conditions of this Agreement, each of the Lender Parties agrees that until the termination or expiration of the Forbearance Period, such Lender Party will forbear from exercising any of their Default or Event of Default related rights and remedies (whether under the Loan Agreement, any other Loan Document, or at law or in equity) against any Borrower, any other Obligor or any of their subsidiaries or affiliates solely with respect to the Specified Defaults. As used herein, the term “
Forbearance; Forbearance Default Rights and Remedies. (a) In reliance upon the representations and warranties and covenants of the Note Parties contained in this Agreement, and subject to the terms and conditions of this Agreement and any documents or instruments executed in connection herewith, effective as of the Forbearance Effective Date, each of the Noteholder Parties agrees that until the expiration or termination of the Forbearance Period, it will (subject to clause (b) below) temporarily forbear from exercising its default-related rights and remedies against Issuer or any other Note Party solely with respect to the Specified Defaults (the “Forbearance”). As used herein, the term “
Forbearance; Forbearance Default Rights and Remedies. (a) Effective as of the Second Forbearance Effective Date (as hereinafter defined), each Lender and Agent agree that until the expiration or termination of the Second Forbearance Period, it will forbear from exercising its default-related rights and remedies under the Credit Documents against the Company or any other Credit Party solely with respect to the Specified Defaults. As used herein, the term “
