Existing Events of Default

Existing Events of Default. Collectively, the Third Forbearance Events of Default under and as defined in the Third Forbearance Agreement.

Existing Events of Default. Collectively, (i) the Third Forbearance Events of Default under and as defined in the Third Forbearance Agreement, (ii) the Event of Default that has occurred under Section 10.1(n) of the Financing Agreement due to the failure of CNH Partners, Inc. ("CNH") to consummate the potential refinancing of the Obligations and (iii) each Event of Default that has occurred or will occur as a result of the failure of the Companies to be in compliance with the financial covenants set forth in Sections... 8.1(b), 8.1(c) and 8.1(e) (in each case, prior to giving effect to this Agreement) for the months ending July 31, 2010 and August 31, 2010. View More

Existing Events of Default. Shall mean the Events of Default arising under the Loan Agreement on account of the following: (a) For various periods prior to the date hereof, Borrowers failure to repay the Loans in an amount sufficient to reduce the aggregate unpaid principal amounts of all the Loans outstanding by the amount that the principal amount of the Loans outstanding exceeded the Borrowing Base, ... as required by Section 1.2(b) of the Loan Agreement for such period; (b) For the fiscal periods ending March 31, 2002 and June 30, 2002, Borrowers' failure to maintain a Fixed Charge Coverage Ratio as required by Schedule G of the Loan Agreement; (c) For the fiscal periods ending September 30, 2001, December 31, 2001, March 31, 2002 and June 30, 2002, Borrowers' failure to maintain Minimum Tangible Net Worth on a consolidated basis of at least as required by Schedule G of the Loan Agreement; (d) The giving of the October 2001 notice by Compass Bank to Parent under the Note Purchase Agreement requiring Parent to purchase the interest of Compass Bank under the DCRI L.P. No. 2 Loan Documents as prohibited by Section 7.1(m) of the Loan Agreement; and (e) The issuance by Borrowers' independent accounting firm of certified financial statements for fiscal year 2001 with a going concern qualification in violation of .Section 4.1(e) of the Loan Agreement. View More

Existing Events of Default. Agent and Lenders hereby waive the -------------------------- Existing Events of Default.

Existing Events of Default. Defined in the second recital