CONSENT, WAIVER AND AGREEMENTConsent and Waiver Agreement • August 4th, 2009 • Cryoport, Inc. • Plastics foam products
This Consent and Waiver Agreement (“Agreement”) is entered into as of the 30th day of July, 2009 (the “Effective Date”), by and among CryoPort, Inc., a Nevada corporation (the “Company”) and the Company's subsidiary CryoPort Systems, Inc., a California corporation (“CSI”), on the one hand, and Enable Growth Partners LP ("EGP"), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, and together with EGP and EOP, the “Enable Funds") and BridgePointe Master Fund Ltd. (“BridgePointe” together with the Enable Funds, each individually referred to as a “Holder" and collectively as the “Holders”), on the other hand. Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in or incorporated by reference in the February 2009 Amendment Agreement (as defined below).
