TO FORBEARANCE AGREEMENT. This Amendment;
TO FORBEARANCE AGREEMENT. CONSENT AND REAFFIRMATION Each of the undersigned (each a “Guarantor”) hereby (i) acknowledges receipt of a copy of the foregoing Amendment No. 4 to Forbearance Agreement (the “Amendment”; capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in that certain Credit Agreement dated as of March 5, 2008 (as amended, supplemented, extended, renewed, restated or otherwise modified from time to time) among Agent, Borrower and the Lenders from time to time party thereto; (ii) consents to Borrower’s execution and delivery of the Amendment; (iii) agrees to be bound by the Amendment and the Forbearance Agreement (as defined in the Amendment) as amended by the Amendment, including Section 6.6 and Section 6.7 of the Amendment; (iv) affirms that nothing contained in the Amendment, except as specifically stated therein, shall modify in any respect whatsoever any Loan Document to which it is a party; and (v) reaffirms its obligations under (a) the guaranty of the Obligations to which it is a party and (b) each of the other Loan Documents to which it is a party (as modified by the Amendment, collectively, the “Reaffirmed Loan Documents”) and confirms that such obligations are unconditional and not subject to any defense, setoff, counterclaim or other adverse claim. Although each Guarantor has been informed of the matters set forth herein and has acknowledged and agreed to same, each Guarantor understands that neither Agent nor any Lender has any obligation to inform any Guarantor of such matters in the future or to seek any Guarantor’s acknowledgment or agreement to future amendments, waivers or consents, and nothing herein shall create such a duty. The undersigned further agree that after giving effect to the Agreement, each Reaffirmed Loan Document shall remain in full force and effect. [signature page follows] DIALOGIC (US) INC., a Delaware corporation formerly known as DIALOGIC INC. By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: EVP, Corporate Affairs and General Counsel XXXXXXX TECHNOLOGY, INC., a Massachusetts corporation By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: EVP, Corporate Affairs and General Counsel DIALOGIC DISTRIBUTION LIMITED, a company organized under the laws of Ireland) By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: EVP, Corporate Affairs and General Counsel SIGNED SEALED AND DELIVERED AS A DEED By: /s/ Xxxxxxx Xxxxxxxxxxx The attorney for and on behalf of: DI...
TO FORBEARANCE AGREEMENT. Schedule A to Forbearance Agreement is amended by deleting paragraph 2 and replacing it with the following:
TO FORBEARANCE AGREEMENT. Ladies and Gentlemen: Reference is hereby made to (a) that certain Financing Agreement, dated as of March 11, 2022, as amended by that certain Xxxxxxx and Restated Amendment No. 1 to Financing Agreement, dated as of August 19, 2022, as further amended by that certain Amendment No. 2 to Financing Agreement and Forbearance Agreement, dated March 29, 2023, as further amended by that certain Amendment No. 3 to Forbearance Agreement and Financing Agreement, dated as of June 15, 2023, as further amended by that certain Amendment No. 8 to Forbearance Agreement and Amendment No. 4 to Financing Agreement, dated as of August 11, 2023, as further amended by that certain Amendment No. 9 to Forbearance Agreement and Amendment No. 5 to Financing Agreement, dated as of September 1, 2023 (as further amended, restated, amended and restated, supplemented, replaced or otherwise modified from time to time, the “Financing Agreement”), by and among Spark Networks SE, a Societas Europaea (Europäische Gesellschaft) with registered seat in Munich, Federal Republic of Germany, registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Munich, Federal Republic of Germany under HRB 232591 (the “Parent”), Spark Networks, Inc., a Delaware corporation (“Spark Networks”), Zoosk, Inc., a Delaware corporation (“Zoosk”, and together with the Parent, Spark Networks, and each other Person that executes a joinder agreement and becomes a “Borrower” thereunder, each, a “Borrower” and, collectively, the “Borrowers”), each subsidiary of the Parent listed as a “Guarantor” on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a “Guarantor” thereunder, each, a “Guarantor” and, collectively, the “Guarantors”), the lenders from time to time party thereto (each, a “Lender” and, collectively, the “Lenders”), MGG Investment Group LP, a Delaware limited partnership (“MGG”), as collateral agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, the “Collateral Agent”), and MGG, as administrative agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, the “Administrative Agent” and, together with the Collateral Agent, each, an “Agent” and, collectively, the “Agents”) and (b) that certain Amendment No. 2 to Financing Agreement and Forbearance Agreement, dated March 29, 2023, as amended by that certain Amendment No....
TO FORBEARANCE AGREEMENT. This AMENDMENT NO. 2 TO FORBEARANCE AGREEMENT, dated as of March 1, 2002 (this "Amendment"), is entered into among XXXXXXXXX XXXXX CORPORATION, an Illinois corporation ("Borrower"), XXXXXX MAY HOLDINGS, INC., a Delaware corporation ("Parent"), XXXXXXXXX XXXXX (CANADA) CORPORATION, a corporation incorporated under the federal laws of Canada ("Canadian Subsidiary" and together with Borrower and Parent, collectively, the "Continuing Credit Parties"), the lending institutions parties to the Forbearance Agreement (the "Lenders"), and THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation, as Agent for the Lenders ("Agent").
TO FORBEARANCE AGREEMENT. C. The parties desire to amend the Forbearance Agreement to extend the Forbearance Period, and to evidence certain additional continuing covenants related to such extension.
TO FORBEARANCE AGREEMENT. As a consequence, following the Effective Date of the Forbearance Agreement, and pursuant to this Amendment No. 1 to Forbearance Agreement, Lenders will be asked or required to take certain acts, make certain decisions, engage in certain analyses and grant or withhold consent to certain requests (collectively and together, the "Lender Acts"). In order to induce Lenders to execute and deliver this Amendment No. 1 to Forbearance Agreement and to take the Lender Acts required hereby, Borrowers, Credit Parties and Guarantors jointly and severally agree, represent, warrant and covenant as follows:
TO FORBEARANCE AGREEMENT this Amendment No. 1 to Forbearance Agreement shall govern and prevail. Please indicate your agreement to the foregoing Amendment No. 1 to Forbearance Agreement by affixing your signatures in the places indicated below, and returning a copy of this fully executed Amendment No. 1 to Forbearance Agreement, along with a copy of the fully executed Forbearance Agreement (including all Exhibits thereto) to Xxxxxx Xxxxxxxx at the address indicated above, no later than 10:00 a.m. Monday, June 18, 2007. If a copy of this fully executed this Amendment No. 1 to Forbearance Agreement, along with a copy of the fully executed Forbearance Agreement (including all Exhibits thereto) is not timely delivered to Xxxxxx Xxxxxxxx, then this Amendment No. 1 to Forbearance Agreement shall have no force or effect. Very truly yours, Xxxx X. Xxxxxxxx cc: Xxxxxx X. Xxxxxxxxxxx (via email) Xxxxxx Xxxxxxxxx, Esq. (via email) Xxxx Xxxxxxxx, Esq. (via email) Xxxx Xxxxxx, Esq. (via email) Xxxx Amber, Esq. (via email) Xxxxx Xxxxxxx, Esq. (via email) Xxxxx Xxxxxxxxx, Esq. (via email) Xxxxxx X. Xxxxxxxx, Esq. (via email) Xxx Xxxxx, Esq. (via email) [SIGNATURE PAGES FOLLOW] BORROWERS: ---------- INTEGRATED HEALTHCARE HOLDINGS, INC., a Nevada corporation By: /s/ Xxxxx Xxxxx ------------------------------------ Xxxxx Xxxxx, CEO WMC-SA, INC., a California corporation By: /s/ Xxxxx X. Xxxxxxxx ------------------------------------ Xxxxx X. Xxxxxxxx, President WMC-A, INC., a California corporation By: /s/ Xxxxx X. Xxxxxxxx ------------------------------------ Xxxxx X. Xxxxxxxx, President COASTAL COMMUNITIES HOSPITAL, INC., a California corporation By: _/s/_Larry X. Xxxxxxxx ______ Xxxxx X. Xxxxxxxx, President XXXXXXX MEDICAL CENTER, INC., a California corporation By: /s/ Xxxxx X. Xxxxxxxx ------------------------------------ Xxxxx X. Xxxxxxxx, President [SIGNATURE PAGES CONTINUE] CREDIT PARTIES: --------------- PACIFIC COAST HOLDINGS INVESTMENT, LLC, a California limited liability company, By: /s/ Xxxx X. Xxxx ------------------------------------ Xxxx X. Xxxx, M.D., Manager By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------ Xxxx X. Xxxxxxxxx, M.D., Manager WEST COAST HOLDINGS, LLC, a California limited liability company, By: /s/ Xxxx X. Xxxx ------------------------------------ Xxxx X. Xxxx, M.D., Manager GANESHA REALTY, LLC, a California limited liability company By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, M.D., Manager GUARANTORS: ----------- PACIFIC COAST HOLDINGS INVESTMENT, LLC, a...
TO FORBEARANCE AGREEMENT. If the Borrower elects to make any such payment, such Lender shall, for all purposes of this Agreement, be a consenting Lender hereunder.
TO FORBEARANCE AGREEMENT. Exceptions to the Representations and Warranties Set Forth in the Credit Agreement --------------------------------------------
