Common use of Agreements by the Borrower Clause in Contracts

Agreements by the Borrower. Anything in the Agreement to the contrary notwithstanding, in consideration of the waivers set forth above, the Borrower hereby agrees as follows during the Extended Waiver Period: (i) The obligations of the Borrower under Section 2 of the Original Waiver, except as the same may be modified by the terms of this Waiver, shall not be limited to the Waiver Period but shall, as so modified, continue to be performed and observed by the Borrower for and during the Extended Waiver Period. (ii) Unless otherwise agreed to by the Required Lenders in writing, the Borrower agrees that the maximum permitted Aggregate Revolving Credit Exposure shall continue to be determined in accordance with the formula for determining the same set forth in Section 2(i) of the Original Waiver, except that the Sixty Million Dollar ($60,000,000) amount stated in Section 2(i) of the Original Waiver shall hereby be reduced to Fifty-Five Million Dollars ($55,000,000) (such sum being the principal amount of indebtedness presently outstanding under the Agreement), and that it will not request any new Loans or the issuance of any new Letters of Credit under the Agreement. The Borrower agrees that any violation of its agreements set forth above shall constitute a Default under the Agreement. Unless otherwise agreed to in writing by the Borrower, the foregoing agreements of the Borrower shall be of no further force or effect upon the expiration of the Extended Waiver Period.

Agreements by the Borrower. Anything in the Agreement to the contrary notwithstanding, in consideration of the waivers and amendments set forth above, the Borrower hereby agrees as follows during the Extended Waiver Period: (i) The obligations of the Borrower under Section 2 of the Original Waiver, except as the same has been modified by Original Waiver Extension and as may be modified by the terms of this WaiverWaiver and Amendment, shall not be limited to the Waiver Period but shall, as so modified, continue to be performed and observed by the Borrower for and during the Extended Waiver Period. (ii) Unless Notwithstanding that on the Effective Date of the Second Waiver the Aggregate Revolving Commitment Amount (after giving effect to its reduction pursuant to Section 4(x) of the Second Waiver) is $60,000,000, unless otherwise agreed to by the Required Lenders (in the exercise of their respective sole discretion) in writing, the Borrower agrees that the maximum permitted Aggregate Revolving Credit Exposure shall continue to be determined in accordance with not at any time exceed the formula for determining lesser of (x) $55,000,000 and (y) the same sum of (I) the Eligible Accounts Receivable MINUS $8,000,000, multiplied by 85% PLUS (II) 25% of the Eligible Inventory, PROVIDED that the $55,000,000 amount set forth in clause (x) above shall be reduced at the time of and on a dollar-for-dollar basis by the amount of any prepayment of the Revolving Loans and reduction of the Aggregate Revolving Commitment Amount required pursuant to Section 2(i2.9(e) of the Original Waiver, except Agreement and that the Sixty Million Dollar ($60,000,000) amount stated in Section 2(i) of the Original Waiver shall hereby be reduced to Fifty-Five Million Dollars ($55,000,000) (such sum being the principal amount of indebtedness presently outstanding under the Agreement), and that it Borrower will not request any new Loans or the issuance of any new Letters of Credit under the AgreementAgreement in violation hereof. The Borrower agrees that any violation of its agreements set forth above shall constitute a Default under the Agreement. Unless otherwise agreed to in writing by the Borrower, the foregoing agreements of the Borrower shall be of no further force or effect upon the expiration of the Extended Waiver Period.

Agreements by the Borrower. Anything in the Agreement to the contrary notwithstanding, in consideration of the waivers and amendments set forth above, the Borrower hereby agrees as follows during the Extended Waiver Period: (i) The obligations of the Borrower under Section 2 of the Original Waiver, except as the same has been modified by the Original Waiver Extension, the Second Waiver Extension and as may be modified by the terms of this WaiverWaiver and Amendment, shall not be limited to the Waiver Period but shall, as so modified, continue to be performed and observed by the Borrower for and during the Extended Waiver Period. (ii) Unless Notwithstanding that on the Effective Date of the Third Waiver the Aggregate Revolving Commitment Amount is $59,238,736.11, unless otherwise agreed to by the Required Lenders (in the exercise of their respective sole discretion) in writing, the Borrower agrees that the maximum permitted Aggregate Revolving Credit Exposure shall continue to be determined in accordance with not at any time exceed the formula for determining lesser of (x) $54,238,736.11 and (y) the same Borrowing Base Amount, provided that the $54,238,736.11 amount set forth in clause (x) above shall be reduced at the time of and on a dollar-for-dollar basis by the amount of any prepayment of the Revolving Loans and reduction of the Aggregate Revolving Commitment Amount required pursuant to Section 2(i2.9(e) of the Original Waiver, except Agreement and that the Sixty Million Dollar ($60,000,000) amount stated in Section 2(i) of the Original Waiver shall hereby be reduced to Fifty-Five Million Dollars ($55,000,000) (such sum being the principal amount of indebtedness presently outstanding under the Agreement), and that it Borrower will not request any new Loans or the issuance of any new Letters of Credit under the AgreementAgreement in violation hereof. The Borrower agrees that any violation of its agreements set forth above shall constitute a Default under the Agreement. Unless otherwise agreed to in writing by the Borrower, the foregoing agreements of the Borrower shall be of no further force or effect upon the expiration of the Extended Waiver Period.