Common use of ADDITIONAL WAIVER Clause in Contracts

ADDITIONAL WAIVER. Notwithstanding anything to the contrary contained herein, Taberna hereby waives (i) any default or Event of Default under the Original Indenture and all of its consequences if and to the extent such default or Event of Default is deemed to have occurred on or prior to the date of the execution of this Agreement by reason of the Company failing to pay to the Holders of Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same became due and payable in accordance with their terms and with respect to the issuance of Officers’ Certificates under Section 10.3 of the Original Indenture covering any period prior to the date of the execution of this Agreement, and (ii) the requirement of the Trustee to give the Holders notice of any such defaults pursuant to Section 6.3 of the Original Indenture and directs the Trustee to disregard any such requirement in connection with the same such defaults.

Appears in 2 contracts

Sources: Exchange Agreement (Mma Capital Management, LLC), Exchange Agreement (Mma Capital Management, LLC)