0001193125-04-195012 Sample Contracts

FOURTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT BY AND BETWEEN CONGRESS FINANCIAL CORPORATION (FLORIDA) AND DRUGMAX, INC., TOGETHER WITH ITS SUBSIDIARIES, VALLEY DRUG COMPANY, VALLEY DRUG COMPANY SOUTH, AND DISCOUNT Rx, INC.
Loan and Security Agreement • November 12th, 2004 • Drugmax Inc • Wholesale-drugs, proprietaries & druggists' sundries • Florida

THIS FOURTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into effective as of August 5, 2004 (the “Effective Date”), by and among DRUGMAX, INC., a Nevada corporation (“Borrower”), (together with its subsidiaries, VALLEY DRUG COMPANY, an Ohio corporation, VALLEY DRUG COMPANY SOUTH, a Louisiana corporation, and DISCOUNT Rx, Inc., a Louisiana corporation, also the “Borrower”), and CONGRESS FINANCIAL CORPORATION (FLORIDA), a Florida corporation (“Lender”).

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FORBEARANCE AGREEMENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 12th, 2004 • Drugmax Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York

THIS FORBEARANCE AGREEMENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of October 22, 2004, is by and among DrugMax, Inc., a Nevada corporation (“DrugMax” and, together with its Subsidiaries, Valley Drug Company, an Ohio corporation, Valley Drug Company South, a Louisiana corporation, and Discount Rx, Inc., a Louisiana corporation, individually each, a “Borrower” and collectively, “Borrowers”), Jugal K. Taneja, an individual residing in Florida (“Guarantor”), and Congress Financial Corporation (Florida), a Florida corporation (“Lender”).

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