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This excerpt taken from the PGTI 8-K filed Dec 23, 2009. Waiver"):
(a) from
the Waiver Effective Date to, but not including the earlier of the Amendment No.
3 Effective Date and March 31, 2010, any Default as a result of the Borrower
defaulting in the performance of its obligations under Sections 6.10(a) and
6.10(b) of the Credit Agreement (as in effect immediately prior to the
effectiveness of this Waiver) as of the last day of the fiscal quarter ending on
or nearest to December 31, 2009; and
(b) from
and after the Waiver Effective Date, any Default arising under Section 5.01 or
otherwise under the Credit Agreement as a result of the issuance by the
independent public accountants for the Borrower on or prior to March 31, 2010 of
an opinion qualified as to scope or containing other qualification or a going
concern modification that results solely from the default (or potential default)
by the Borrower in the performance of its obligations under Sections 6.10(a) and
6.10(b) of the Credit Agreement (as in effect immediately prior to the
effectiveness of this Waiver).
SECTION
THREE Extension; Revolving
Commitment Reduction.
(a) By
its execution and delivery of its signature page to this Amendment, each Tranche
A-1 Revolving Lender party hereto will be deemed to have approved of all of the
provisions of this Amendment other than the Extension. To approve of
the Extension as set forth in this Amendment, each Tranche A-1 Revolving Lender
party hereto must check the applicable box next to "Accept" on its signature
page hereto. To accept the Revolving Commitment Reduction as to itself, a
Tranche A-1 Revolving Lender must be an Extending Revolving Lender and must also
check the applicable box next to “Accept” on its signature page hereto. If a
Tranche A-1 Revolving Lender (i) does not execute and deliver this Amendment,
(ii) does not check the "Accept " box with respect to the
Extension on its signature page hereto This excerpt taken from the PGTI 8-K filed Feb 27, 2009. Waiver.
The rights and remedies of the parties to this Agreement are cumulative and not
alternative. Neither the failure nor any delay by either party in exercising any
right, power, or privilege under this Agreement will operate as a waiver of such
right, power, or privilege, and no single or partial exercise of any such right,
power, or privilege will preclude any other or further exercise of such right,
power, or privilege or the exercise of any other right, power, or privilege. To
the maximum extent permitted by applicable law, (a) no claim or right arising
out of this Agreement can be discharged by one party, in whole or in part, by a
waiver or renunciation of the claim or right unless in writing signed by the
other party; (b) no waiver that may be given by a party will be applicable
except in the specific instance for which it is given; and (c) no notice to or
demand on one party will be deemed to be a waiver of any obligation of such
party or of the right of the party giving such notice or demand to take further
action without notice or demand as provided in this Agreement.
9.5
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