0001104659-06-070309 Sample Contracts

WAIVER AND AMENDMENT NO. 1 AGREEMENT
1 Agreement • November 1st, 2006 • Bh Re LLC • Hotels & motels • New York

WAIVER AND AMENDMENT NO. 1 AGREEMENT, dated as of October 23, 2006 (this “Amendment”), to the Amended and Restated Loan and Facilities Agreement, dated as of August 31, 2004 (as the same may be amended, supplemented or modified from time to time in accordance with its terms, the “Loan Agreement”), by and among the lenders party thereto (the “Lenders”), The Bank of New York, as administrative agent and collateral agent (the “Agent”), and Opbiz, L.L.C., a Nevada limited liability company, as borrower (the “Borrower”).

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