CONSENT dated as of July 20, 2004Consent • August 9th, 2004 • Us Xpress Enterprises Inc • Trucking (no local)
Reference is hereby made to the Revolving Credit Agreement dated as of March 29, 2002 (as amended and in effect from time to time, the “Credit Agreement”), by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation, U.S. XPRESS, INC., a Nevada corporation, XPRESS GLOBAL SYSTEMS, INC. (f/k/a CSI/Crown, Inc.), a Georgia corporation, and U.S. XPRESS LEASING, INC., a Tennessee corporation (each a “Borrower” and collectively, the “Borrowers”), and FLEET CAPITAL CORPORATION, a Rhode Island corporation and the other lending institutions listed on Schedule 1 to the Credit Agreement (collectively, the “Lenders”), and FLEET CAPITAL CORPORATION, as administrative agent for itself and such other lending institutions (in such capacity, the “Administrative Agent”), with FLEET SECURITIES, INC., as arranger, and LASALLE BANK NATIONAL ASSOCIATION, as syndication agent. Capitalized terms used herein unless otherwise defined herein shall have the respective meanings set forth in the Credit Agreemen
CONSENTConsent • December 29th, 2006 • Biovest International Inc • Pharmaceutical preparations
This Consent (the “Consent”), dated as of October 31, 2006, is entered into by and among Accentia Biopharmaceuticals, Inc., a Florida corporation (“Accentia”), Analytica International, Inc. (formerly The Analytica Group, Inc.), a Florida corporation (“Analytica”), Biolender, LLC, a Delaware limited liability company (“Biolender”), TEAMM Pharmaceuticals, Inc., a Florida corporation (“TEAMM” and together with Accentia, Analytica, TEAMM and Biolender, the “Accentia Credit Parties” and each, an “Accentia Credit Party”), and Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), in connection with (i) that certain Note and Warrant Purchase Agreement (as amended, modified or supplemented from time to time, the “Purchase Agreement” and, together with the Related Agreements and Security Documents, each as defined therein, the “Biovest Funding Documents”), dated as of March 31, 2006, by and between Biovest International, Inc., a Delaware corporation (“Biovest”, together with the Accenti
CONSENTConsent • March 12th, 2024 • OpSec Holdings • Electronic components & accessories
This Consent (this “Consent”) is entered into as of March 10, 2024, by and among OpSec Holdings, a Cayman Islands exempted company incorporated with limited liability and having its registered office at Paget-Brown Financial Services Limited, Century Yard, Cricket Square, P.O. Box 1111, George Town, Grand Cayman KY1-1102, Cayman Islands (“Pubco”), Orca Holdings Limited, a Cayman Islands exempted company incorporated with limited liability and having its registered office at Paget-Brown Financial Services Limited, Century Yard, Cricket Square, P.O. Box 1111, George Town, Grand Cayman KY1-1102, Cayman Islands (“OpSec”), Investcorp Technology Secondary Fund 2018, L.P., a Cayman Islands exempted limited partnership (“ITSF”), Mill Reef Capital Fund SCS, a limited partnership (société en commandite simple) organized under the laws of Luxembourg (“Mill Reef”, and together with ITSF, the “OpSec Shareholders”), and Investcorp Europe Acquisition Corp I, a Cayman Islands exempted company incorpor
CONSENTConsent • April 27th, 2022 • Acutus Medical, Inc. • Surgical & medical instruments & apparatus • New York
This CONSENT (this “Consent”) is made and entered into as of April 26, 2022 by ORBIMED ROYALTY OPPORTUNITIES II, LP, in its capacity as Origination Agent and a Lender (each as defined in the Credit Agreement) under the Credit Agreement (as defined below) and DEERFIELD PRIVATE DESIGN FUND III, L.P., in its capacity as a Lender, in favor of ACUTUS MEDICAL, INC., a Delaware corporation (the “Borrower”), and acknowledged by WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (as defined in the Credit Agreement) under the Credit Agreement.
CONSENTConsent • June 29th, 2012 • Coronus Solar Inc. • Services-educational services
This Consent (the “Agreement”) is dated as of February 23, 2012 (the “Effective Date”), among Coronus Solar Inc. (the “Company”), Russell Adair (the “Investor”), and Frank Zakaib (the “New Lender”).
CONSENTConsent • June 21st, 2013 • Sprint Nextel Corp • Telephone communications (no radiotelephone)
WHEREAS, SoftBank Corp., a Japanese kabushiki kaisha (“SoftBank”), Parent and Sprint Nextel Corporation, a Kansas corporation (the “Company”), entered into an Agreement and Plan of Merger, dated as of October 15, 2012, as amended by the First Amendment to Agreement and Plan of Merger, dated as of November 29, 2012, the Second Amendment to Agreement and Plan of Merger, dated as of April 12, 2013 and the Third Amendment to Agreement and Plan of Merger, dated as of June 10, 2013 (such agreement as so amended, the “SoftBank/Company Merger Agreement”), to which Starburst I, Inc., a Delaware corporation and a wholly owned subsidiary of SoftBank, and Starburst III, Inc., a Kansas corporation and a wholly owned subsidiary of Parent (“SoftBank Merger Sub”), are also parties, pursuant to which SoftBank Merger Sub will merge with and into the Company, with the Company surviving the merger as a wholly owned subsidiary of Parent;
CONSENTConsent • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
This Consent is given by Dresdner Kleinwort Benson Private Equity Partners LP, a Delaware limited partnership (“Dresdner”), to and for the benefit of Gardenburger, Inc., an Oregon corporation (“Gardenburger”), as of March 31, 2003. Capitalized terms used and not otherwise defined herein have the meaning given them in the Revolving Credit and Term Loan Agreement dated as of January 10, 2002, as amended, between Gardenburger and CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”).
CONSENTConsent • September 14th, 2021
This CONSENT is executed by the undersigned claimant, who is the holder of a Court- approved claim, as reflected by the Court’s Order dated July 3, 2014, in the Founding Partners Receivership, Case No. 09-cv-229, pending before the United States District Court for the Middle District of Florida (“Claimant”).
CONSENTConsent • December 28th, 2006 • Golfsmith International Holdings Inc • Retail-miscellaneous shopping goods stores • New York
This Consent, dated as of December 22, 2006 (this “Consent”), is entered into by and among Golfsmith International, L.P., Golfsmith NU, L.L.C., Golfsmith USA, L.L.C. and Don Sherwood Golf Shop, as Borrowers (the “Borrowers”), the other Persons designated as Credit Parties to the Credit Agreement (the “Credit Parties”), the lenders signatory thereto from time to time (the “Lenders”), and General Electric Capital Corporation, for itself as a Lender, as L/C Issuer and as Agent for the Lenders (in such capacity, the “Agent”). Terms defined in the Credit Agreement and not otherwise defined herein shall have the meanings assigned thereto in the Credit Agreement.
CONSENTConsent • August 14th, 2008 • Tasker Products Corp • Perfumes, cosmetics & other toilet preparations
The undersigned is the holder of a 6% Secured Convertible Note due September 27, 2010 and/or 6% Secured Convertible Note due December 20, 2010 (each. a “Note”) issued by Tasker Products Corp., a Delaware corporation (the “Company”). This Consent (“Consent”) relates to the Notes and the Subscription Agreement dated as of September 2007 (the “Subscription Agreement”) by and among the Company and the investors parties thereto and is entered into as of March 24, 2008. Each of the Company and the undersigned may be referred to herein as a “Party” and collectively as the “Parties”.
CONSENTConsent • October 12th, 2023 • Lazydays Holdings, Inc. • Retail-auto dealers & gasoline stations • Delaware
This CONSENT (this “Consent”) is made effective as of October 12, 2023, by Lazydays Holdings, Inc., a Delaware corporation (the “Company”), and the holders (the “Holders”) of the Series A Convertible Preferred Stock of the Company (the “Series A Preferred Stock”) listed on the signature page hereto. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Certificate of Designation of Series A Convertible Preferred Stock of the Company, dated March 15, 2018 (the “Certificate of Designation”).
CONSENTConsent • July 2nd, 2015 • Unified Grocers, Inc. • Wholesale-groceries, general line • California
THIS CONSENT dated as of June 26, 2015 (this “Agreement”), is entered into among UNIFIED GROCERS, INC., INC., a California corporation (“Borrower”), the financial institutions party hereto (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for Lenders (in such capacity, “Administrative Agent”).
Consent to share information between Department of Child Safety, Youth and Women (Department of Child Safety) and Relationships Australia (Qld) Tertiary Family Support.Consent • February 15th, 2022
give consent for the Department of Child Safety, Youth and Women and Relationships Australia (Qld) to exchange information that is required for the Tertiary Family Support to assist my family in accordance with the Tertiary Family Support Service Agreement, and I agree to the Tertiary Family Support Worker participating in Family Group Meetings and case planning with the Department.
CONSENTConsent • March 19th, 2014 • Schawk Inc • Service industries for the printing trade
THIS CONSENT dated as of March 14, 2014 (the or this “Consent”) is between SCHAWK, INC., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Consent (collectively, the “Noteholders”).
consentConsent • January 22nd, 2016 • Waste Connections, Inc. • Refuse systems
This CONSENT (this “Consent”) is made and entered into as of January 18, 2016, by and among WASTE CONNECTIONS, INC., a Delaware corporation (the “Parent”), on behalf of itself and each of its Subsidiaries listed on Schedule 1 to the Credit Agreement referred to below (the Parent and such Subsidiaries herein collectively referred to as the “Borrowers”), BANK OF AMERICA, N.A. and the other financial institutions party to the Credit Agreement executing this Consent, and Bank of America, N.A. as administrative agent for itself and the other Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the respective meanings provided therefor in the Credit Agreement.
CONSENTConsent • July 26th, 2023
This CONSENT is executed by the undersigned claimant, who is the holder of a Court- approved claim, as reflected by the Court’s Order dated July 3, 2014, in the Founding Partners Receivership, Case No. 09-cv-229, pending before the United States District Court for the Middle District of Florida (“Claimant”).
CONSENTConsent • November 21st, 2012 • Atlantic Power Corp • Electric, gas & sanitary services • New York
THIS CONSENT, dated as of November 19, 2012 (this “Consent”), is among Atlantic Power Corporation, a corporation continued under the laws of the Province of British Columbia (“APC”), Atlantic Power Generation, Inc., a Delaware corporation (“APG”) and Atlantic Power Transmission, Inc., a Delaware corporation (“APT”, together with APG and APC, each individually a “Borrower” and collectively, the “Borrowers”), the Lenders signatory hereto and Bank of Montreal, in its capacity as administrative agent (“Administrative Agent”) under the Credit Agreement described below.
CONSENTConsent • September 7th, 2006 • School Specialty Inc • Wholesale-durable goods • North Carolina
THIS CONSENT (this “Consent”) dated as of June 5, 2006, to the Credit Agreement referenced below, is by and among SCHOOL SPECIALTY, INC., a Wisconsin corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent.
CONSENTConsent • January 3rd, 2007 • B & B B, Inc. • Services-miscellaneous amusement & recreation
THIS CONSENT (this “Consent”) is made this 31st day of December, 2006 by and among (i) The Bank of New York Trust Company, N.A, in its capacity as Collateral Agent under the Parent Pledge Agreement (as hereinafter defined) (“Agent”) and (ii) Robert R. Black, Sr., as trustee of the Robert R. Black, Sr. Gaming Properties Trust u/a/d May 24, 2004 (the “Black Trust”) and R. Black, Inc. a Nevada corporation (“RBI”, and together, with the Black Trust, collectively, jointly and severally, the “Pledgors”).
CONSENTConsent • November 2nd, 2006 • Compliance Systems Corp • Communications services, nec • New Jersey
THIS CONSENT (this “Consent”) is dated as of September 30, 2006, by and between COMPLIANCE SYSTEMS CORPORATION, a Nevada corporation (the “Company”), CALL COMPLIANCE, INC., a New York Corporation and wholly-owned subsidiary of the Company (“Call Compliance”) and MONTGOMERY EQUITY PARTNERS, LTD., a Delaware limited partnership (“Montgomery”) (collectively, referred to hereinafter as the “Parties”).
CONSENTConsent • April 2nd, 2001 • Boston Beer Co Inc • Malt beverages • New York
This CONSENT (this "Consent") is given by BOSTON BREWING COMPANY, INC. d/b/a The Boston Beer Company, a Massachusetts corporation, for itself and as the sole general partner of Boston Beer Company Limited Partnership, a Massachusetts limited partnership, on behalf of said limited partnership (collectively, "Boston Brewing"), to and in favor of THE GENESEE BREWING COMPANY, INC., a New York corporation ("Genesee"), and MONROE BREWING CO., LLC, a New York limited liability company ("Monroe Brewing").
CONSENTConsent • March 1st, 2017 • Intercloud Systems, Inc. • Services-business services, nec • New York
This Consent (“Consent”), dated as of February 28, 2017, is made by JGB (Cayman) Waltham Ltd. (“JGBWL”) and the JGB (Cayman) Concord Ltd. (“JGBCL” and together, the “Holders” and each a “Holder”) in favor of interCloud Systems, Inc., a Delaware corporation (the “Company”) and the guarantor’s executing this consent (the “Guarantors”).
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENTConsent • February 10th, 2021 • Alaska Communications Systems Group Inc • Telephone communications (no radiotelephone) • New York
FIRST AMENDMENT, dated as of December 21, 2020 (this "Amendment"), made by ALASKA COMMUNICATIONS SYSTEMS HOLDINGS, INC. (the "Borrower") and ING CAPITAL LLC, in its
CONSENTConsent • February 9th, 2004 • New Jersey Resources Corp • Natural gas distribution • New Jersey
THIS CONSENT (the “Consent”), dated and effective as of December 19, 2003, is made by and among NEW JERSEY RESOURCES CORPORATION, a New Jersey corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the BANKS (as hereinafter defined), FLEET NATIONAL BANK and SUNTRUST BANK, each in its capacity as a syndication agent, BANK OF TOKYO-MITSUBISHI TRUST COMPANY and JPMORGAN CHASE BANK, each in its capacity as a documentation agent, BANK ONE, NA, CITIZENS BANK OF MASSACHUSETTS and THE BANK OF NEW YORK, each in its capacity as a co-agent and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Banks (hereinafter referred to in such capacity as the “Agent”).
CONSENTConsent • February 26th, 2010 • American Reprographics CO • Services-mailing, reproduction, commercial art & photography
This Consent (“Consent”) is made as of the date set forth on the signature page hereto, by SUMO HOLDINGS IRVINE, LLC, a California limited liability company (“Lessor”) for the benefit of OCB, LLC, a California limited liability company (as “OCB”), and AMERICAN REPROGRAPHICS COMPANY, L.L.C., a California limited liability company (“ARC”).
CONSENTConsent • May 14th, 2008 • Buca Inc /Mn • Retail-eating places • New York
This CONSENT (this “Consent”) is entered into as of April 28, 2008, by the lenders identified on the signature pages hereof (the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”; and together with the Lenders, the “Lender Group”), BUCA, INC., a Minnesota corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), with reference to the following:
CONSENTConsent • November 10th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec
This CONSENT (the “Agreement”) is entered into as of November 10, 2010 by and among RNK HOLDING COMPANY, a Massachusetts business trust (“RNK Holding”), HANOVER LEASING, LLC, a Delaware limited liability company (“Hanover”), MR. DOUG DENNY-BROWN, an individual (“Denny-Brown”), MR. NEAL HART, an individual (“Hart”), MR. GLENN POKRAKA, an individual (“Pokraka”), MR. JOHN SKINNER, an individual (“Skinner”), MR. FRED WEYMSS, an individual (together with RNK Holding, Hanover, Denny-Brown, Hart, Pokraka and Skinner, each a “Subordinated Creditor” and collectively the “Subordinated Creditors”) and WAVE2WAVE COMMUNICATIONS, INC., a Delaware corporation (the “Borrower”).
CONSENTConsent • June 8th, 2009 • Cellu Tissue Holdings, Inc. • Paper mills
THIS CONSENT (this “Consent”), dated as of May 26, 2009, by and between CELLU TISSUE-CITY FOREST LLC, a Minnesota limited liability company (the “Borrower”) and ASSOCIATED BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).
CONSENTConsent • May 11th, 2020 • TearLab Corp • Surgical & medical instruments & apparatus • New York
THIS CONSENT, dated as of May 10, 2020 and effective as of May 7, 2020 (this “Consent”), is made among TearLab Corporation, a Delaware corporation (the “Borrower”), the Subsidiary Guarantors listed on the signature pages hereto, and the lenders listed on the signature pages hereof (collectively, the “Lenders”), with respect to the Loan Agreement referred to below.
CONSENTConsent • March 24th, 2008 • Global Casinos Inc • Services-miscellaneous amusement & recreation
Reference is made to the Lease by and between 157 Lane, LLC and Jigsaw Puzzle, LLC (collectively, the “Landlord”) and Doc Holliday, LLC (“Tenant”) (the “Lease”).
Consent to share information between Department of Child Safety, Youth and Women (Department of Child Safety) and Relationships Australia (Qld) Tertiary Family Support.Consent • February 19th, 2021
give consent for the Department of Child Safety, Youth and Women and Relationships Australia (Qld) to exchange information that is required for the Tertiary Family Support to assist my family in accordance with the Tertiary Family Support Service Agreement, and I agree to the Tertiary Family Support Worker participating in Family Group Meetings and case planning with the Department.
CONSENTConsent • March 10th, 2010 • Intelsat S.A. • Communications services, nec • New York
This CONSENT, dated as of November 2, 2009 (this “Consent”), related to the Credit Agreement dated as of July 3, 2006 (as amended to the date hereof, the “Credit Agreement”) among Intelsat Intermediate Holding Company, Ltd. (“Holdings”), Intelsat Subsidiary Holding Company, Ltd. (the “Borrower”), the institutions party thereto as Lenders (the “Lenders”) and Credit Suisse, Cayman Islands Branch, in its capacity as administrative agent for the Lenders and as agent for the Secured Parties (in such capacity, the “Administrative Agent”), is entered into by Holdings, the Borrower, the Lenders executing this Consent and the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.
CONSENT-MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY CONSENTConsent • March 7th, 2013 • Schawk Inc • Service industries for the printing trade
THIS CONSENT dated as of February 27, 2013 (the or this “Consent”) is between SCHAWK, INC., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Consent (collectively, the “Noteholders”).
CONSENT-PRUDENTIAL INVESTMENT MANAGEMENT, INC. CONSENTConsent • March 7th, 2013 • Schawk Inc • Service industries for the printing trade
THIS CONSENT dated as of February 27, 2013 (the or this “Consent”) is between SCHAWK, INC., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Consent (collectively, the “Noteholders”).
CONSENTConsent • November 23rd, 2007 • Leap Wireless International Inc • Radiotelephone communications
Each of the undersigned, as Guarantor under the Amended and Restated Parent Guaranty dated as of June 16, 2006 (in the case of Leap Wireless International, Inc.) or the Amended and Restated Subsidiary Guaranty dated as of June 16, 2006 (collectively, the “Guaranty”), in each case, in favor of the Administrative Agent and the Lenders party to the Credit Agreement referred to in the foregoing Amendment, hereby consents to such Amendment and the transactions contemplated by such Amendment and hereby confirms and agrees that (a) notwithstanding the effectiveness of such Amendment, the Guaranty is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of such Amendment, each reference in the Guaranty to the “Credit Agreement”, “thereunder”, “thereof” or words of like import shall mean and be a reference to the Credit Agreement, as amended by such Amendment, and (b) the Collateral Documents to whic
