Waiver of Subsection Clause Samples

Waiver of Subsection. 8.1(b). The requirements of Subsection 8.1(b) of the Agreement are hereby waived to the extent, and only to the extent, that the interest coverage ratio calculated in accordance with Section 8.1(b) of the Agreement for the period of four consecutive fiscal quarters ended December 31, 1998 was less than 2.00 to 1.0 before giving effect to this Amendment, so long as such ratio for such period was not less than 2.00 to 1.0 after giving effect to this Amendment.

Waiver of Subsection. Subsection 8.17 is hereby waived to permit the Borrower to use the Net Cash Proceeds of the Additional Equity Investment to repurchase the Senior Subordinated Notes for an aggregate purchase price not to exceed the amount equal to (A) the Net Cash Proceeds of the Additional Equity Investment MINUS (B) the sum of (x) the aggregate amount of acquisitions made pursuant to subsection 8.10 in reliance upon such Net Cash Proceeds and (y) the aggregate amount of Capital Expenditures made pursuant to subsection 8.8 in reliance upon such Net Cash Proceeds.

Waiver of Subsection. 14.16 (Leverage Ratio and Senior Leverage Ratio). Subsections 14.16(a) and (b) of the Credit Agreement are hereby waived for the period commencing June 30, 2001 and ending August 15, 2001. On August 16, 2001 the Company shall be required to be in full compliance with its covenants as such covenants were in effect on June 30, 2001.

Waiver of Subsection. 4.9(B) OF THE CREDIT AGREEMENT. The Administrative Agent and the Required Lenders hereby waive any Default or Event of Default which may have occurred as a result of the receipt of a Reserve Report dated March 31, 1999 furnished by the Borrower on March 25, 1999 in lien of the Reserve Report scheduled to be dated December 31, 1998 and furnished by the Borrower prior to March 1, 1999 and as a result of the Borrowing Base not being redetermined as provided in subsection 4.9 (as in effect prior to the effectiveness of this Fourth Amendment).

Waiver of Subsection. The Agent, with the consent of the Required Banks, hereby waives (a) the Default with respect to, and compliance with, the provisions of Subsection 8.2 of the Credit Agreement solely in connection with the posting by HCC of that certain irrevocable documentary letter of credit P-266843 dated November 20, 1996 issued by The Chase Manhattan Bank for the benefit of Banco Comercial Antioqueno S.A., as Fiduciary in the face amount of U.S. $816,000.00, and (b) the Default with respect to Section 7.7(a) for failure to notify the Agent and each Bank of the Default described in this Section 7.

Waiver of Subsection. 8.8. The Agent, with the consent of the Required Banks, hereby waives compliance with the provisions of Subsection 8.8 of the Credit Agreement solely with respect to (a) the transactions contemplated by the Exchange Agreement (the "Exchange Agreement"), dated December 23, 1996, by and between HCC and JEDI, a copy of which is attached hereto as Exhibit A and (b) the transactions contemplated by the Shareholder Subordinated Loan Agreement, a copy of which is attached hereto as Exhibit B.

Waiver of Subsection. 8.10 (LIMITATIONS ON CERTAIN ACQUISITIONS). Clause (x) of the proviso in Subsection 8.10 is hereby waived to the extent necessary to permit the Moveline Acquisition.

Waiver of Subsection. 8.10. Subsection 8.10 of the Credit Agreement is waived to the extent necessary to permit the consummation of the Leviathan/ANR Reorganization, it being agreed that subsection 8.10 shall continue to apply thereafter to transactions with or benefiting Leviathan/ANR Holdings and its Subsidiaries.

Waiver of Subsection. 6.2(e) AND 7.2(f). The requirements of Subsections 6.2(e) and 7.2(f) of the Agreement are hereby waived to the extent, and only to the extent, that prior to the time hereof the Borrower may have failed to deliver, on one or more occasions, complete certificates required by Subsection 6.2(e) or 7.2(f), as applicable.