BACKGROUNDAnd Forbearance Agreement • May 5th, 2020 • Illinois
AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • June 20th, 2019 • LandStar, Inc. • Services-prepackaged software • North Carolina
IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties and shall be effective as of and on the Effective Date. Each of the undersigned Parties hereby represents and warrants that it (i) has the requisite power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder; and, (ii) it is duly authorized and empowered to execute and deliver this Agreement.
THIRTEENTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • July 8th, 2005 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Thirteenth Waiver, Amendment and Forbearance Agreement dated as of June 22, 2005 (“Amendment”) relates to the Note Agreement dated as of May 12, 2003 (the “Note Agreement”), among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”), and ACT Teleconferencing, Inc. (“Holdings”) and certain subsidiaries of Holdings, as amended, and the Warrant Agreement dated as of May 12, 2003 (the “Warrant Agreement”) among Purchaser and Holdings, as amended. Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
SECOND AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
This Second Amendment and Forbearance Agreement (this "Agreement") is made as of the 12th day of January, 2010 among Evergreen Energy Inc. ("Evergreen"), Evergreen Operations, LLC ("Evergreen Op") and Buckeye Industrial Mining Co. ("Buckeye," together with Evergreen and Evergreen Op, the "Companies" and each individually referred to as a "Company"), Centurion Credit Funding LLC ("Centurion") and Level 3 Capital Fund LP ("Level 3", and together with Centurion, the "Investors").
EIGHTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Eighth Waiver, Amendment and Forbearance Agreement (“Waiver”) is effective as of August 16, 2004 and relates to the Warrant Agreement dated as of May 12, 2003 (the Warrant Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”) and ACT Teleconferencing, Inc. (“Holdings”), as amended and the Note Agreement dated as of May 12, 2003 among NewWest, KCEP, Convergent, the Trust, Holdings and certain subsidiaries of Holdings (the “Note Agreement”). Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
Limited Waiver and Forbearance Agreement and Consent Letter Relating toAnd Forbearance Agreement • May 10th, 2007 • New York
Bally Total Fitness Holding Corporation (the “Company”) is soliciting a consent, upon the terms and subject to the conditions set out in the Limited Waiver and Forbearance Agreement attached hereto and in the accompanying Consent Letter, to amendments to the Indenture, dated as of July 2, 2003 (as amended or supplemented, the “Indenture”), between the Company, the Guarantors party thereto and U.S. Bank National Association, as trustee, pursuant to which the 10 1/2% Senior Notes due 2011 of the Company (the “Notes”) were issued. Each holder of Notes that consents will also be waiving the defaults described in the Limited Waiver and Forbearance Agreement upon the terms and subject to the conditions set out in the Limited Waiver and Forbearance Agreement.
FIFTH AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • February 11th, 2003 • Speizman Industries Inc • Wholesale-industrial machinery & equipment • Alabama
THIS FIFTH AMENDMENT AND FORBEARANCE AGREEMENT (this "Agreement"), dated and effective the 31st day of December, 2002 (the "Effective Date"), by and among SPEIZMAN INDUSTRIES, INC., a Delaware company ("Speizman"), SPEIZMAN YARN EQUIPMENT, INC., a South Carolina company ("Speizman Yarn"), WINK DAVIS EQUIPMENT COMPANY, INC., a Georgia company ("Wink Davis"), TODD MOTION CONTROLS, INC., a North Carolina company ("Todd Motion" and together with Speizman, Speizman Yarn, Wink Davis and any future or indirect subsidiaries of Speizman or of any other entities listed above, the "Borrowers"), jointly and severally and their respective successors and assigns, and SOUTHTRUST BANK ("Lender").
AMENDMENT NO. 3 AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • March 8th, 2019 • Cti Industries Corp • Fabricated rubber products, nec
This AMENDMENT NO. 3 AND FORBEARANCE AGREEMENT (this "Agreement") dated as of March 4, 2019, by and between CTI Industries Corporation, an Illinois corporation ("Borrower"), the other Credit Parties party hereto, the Lenders party hereto and PNC Bank, National Association, as Agent for all Lenders ("Agent").
SIXTH AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • May 13th, 2003 • Speizman Industries Inc • Wholesale-industrial machinery & equipment • Alabama
THIS SIXTH AMENDMENT AND FORBEARANCE AGREEMENT (this "Agreement"), dated and effective as of the 31st day of March, 2003 (the "Effective Date"), is by and among SPEIZMAN INDUSTRIES, INC., a Delaware corporation ("Speizman"), SPEIZMAN YARN EQUIPMENT, INC., a South Carolina corporation ("Speizman Yarn"), WINK DAVIS EQUIPMENT COMPANY, INC., a Georgia corporation ("Wink Davis"), TODD MOTION CONTROLS, INC., a North Carolina corporation ("Todd Motion;" and together with Speizman, Speizman Yarn, Wink Davis and any future direct or indirect subsidiaries of Speizman or of any other entities listed above, the "Borrowers"), jointly and severally and their respective successors and assigns, and SOUTHTRUST BANK, an Alabama banking corporation ("Lender").
AMENDMENT NO. 1 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • March 4th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENT (this “Amendment”), dated as of February 26, 2009, is by and among WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), in its capacity as agent and sole lender (“Wachovia”), KINERGY MARKETING LLC (“Borrower”) and PACIFIC ETHANOL, INC. (“Parent”).
Exhibit 10.34 SECOND AMENDMENT AND FORBEARANCE AGREEMENT This Second Amendment and Forbearance Agreement ("Agreement") is made as of the 1st day of July, 2001 by and between SPEIZMAN INDUSTRIES, INC., a Delaware company ("Company"), SPEIZMAN YARN...And Forbearance Agreement • September 28th, 2001 • Speizman Industries Inc • Wholesale-industrial machinery & equipment
NINTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • November 19th, 2004 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Ninth Waiver, Amendment and Forbearance Agreement (“Amendment”) is effective as of November 12, 2004 and relates to the Note Agreement dated as of May 12, 2003 (the “Note Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”) and ACT Teleconferencing, Inc. (“Holdings”) and certain subsidiaries of Holdings, as amended. Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
THIRD AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • May 14th, 2002 • Speizman Industries Inc • Wholesale-industrial machinery & equipment • Alabama
THIS THIRD AMENDMENT AND FORBEARANCE AGREEMENT (this "Agreement"), dated and effective the 19th day of February, 2002 (the "Effective Date"), by and among SPEIZMAN INDUSTRIES, INC., a Delaware company ("Speizman"), SPEIZMAN YARN EQUIPMENT, INC., a South Carolina company ("Speizman Yarn"), WINK DAVIS EQUIPMENT COMPANY, INC., a Georgia company ("Wink Davis"), TODD MOTION CONTROLS, INC.,a North Carolina company ("Todd Motion" and together with Speizman, Speizman Yarn, Wink Davis and any future or indirect subsidiaries of Speizman or of any other entities listed above, the "Borrowers"), jointly and severally, and their respective successors and assigns, and SOUTHTRUST BANK ("Lender").
