SECOND AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • June 17th, 2009 • American Defense Systems Inc • Miscellaneous transportation equipment
This SECOND AMENDMENT TO FORBEARANCE AGREEMENT (this “Amendment”) is entered into as of June 15, 2009, by and among AMERICAN DEFENSE SYSTEMS, INC., a Delaware corporation, A. J. PISCITELLI & ASSOCIATES, INC., a New York corporation, AMERICAN PHYSICAL SECURITY GROUP, LLC, a Delaware limited liability company (the “Borrowers”) and TD BANK, N.A., a national banking association, and successor by merger to COMMERCE BANK, N.A (the “Lender”).
AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • June 17th, 2009 • American Defense Systems Inc • Miscellaneous transportation equipment
This AMENDMENT TO FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of May 27, 2009, by and among AMERICAN DEFENSE SYSTEMS, INC., a Delaware corporation, A. J. PISCITELLI & ASSOCIATES, INC., a New York corporation, AMERICAN PHYSICAL SECURITY GROUP, LLC, a Delaware limited liability company (the “Borrowers”) and TD BANK, N.A., a national banking association, and successor by merger to COMMERCE BANK, N.A (the “Lender”).
WAIVER AGREEMENTWaiver Agreement • June 17th, 2009 • American Defense Systems Inc • Miscellaneous transportation equipment • Delaware
This Waiver Agreement (the “Agreement”) is made and entered into, effective as of June 8, 2009 (the “Effective Date”), by and among American Defense Systems, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company parties hereto (individually, a “Holder” and collectively, the “Holders”). Unless otherwise specified herein, capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Certificate of Designations (as defined below).
