Amendment Agreement and Waiver Sample Contracts

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • September 20th, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of September 19, 2017, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the November 2016 SPA (as defined below), as applicable.

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AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • January 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of December 31, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the June 2018 SPA (as defined below), as applicable.

AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • March 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER (this “Amendment”), dated as of February 27, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • June 6th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of June 5, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the November 2016 SPA (as defined below), as applicable.

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • January 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of December 31, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the November 2016 SPA (as defined below), as applicable.

AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • March 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of February 27, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • May 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of April 30, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • June 6th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of June 5, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Bridge SPA (as defined below), as applicable.

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • December 2nd, 2016 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This Amendment Agreement and Waiver (this “Agreement”), is made and entered into as of December 1, 2016, by and between Ener-Core, Inc., a Delaware corporation (the “Company”), and [BUYER] (the “Buyer”). All capitalized terms used herein but not defined shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below).

AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • May 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of April 30, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • March 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of February 27, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • January 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of December 31, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the SPAs (as defined below), as applicable.

AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • March 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 2 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of February 27, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT, AGREEMENT AND WAIVER
Amendment, Agreement and Waiver • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York

AMENDMENT, AGREEMENT AND WAIVER dated as of August 7, 2008 (this “Amendment”), in respect of the Credit Agreement, dated as of March 17, 2006 (as previously amended, restated, supplemented or otherwise modified and in effect from time to time, the “Existing Credit Agreement”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement), by and among AHR CAPITAL BOFA LIMITED (“AHR”) as a borrower, each of the borrowers from time to time party thereto (together with AHR, collectively, the “Borrowers”), ANTHRACITE CAPITAL, INC. (“Anthracite”, and together with the AHR and the other Borrowers, collectively, the “Anthracite CA Parties”) as borrower agent (in such capacity, the “Borrower Agent”) and BANK OF AMERICA, N.A. (“BANA”) as lender (in such capacity, the “Lender”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Credit Agreement.

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • September 20th, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of September 19, 2017, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the November 2016 SPA (as defined below), as applicable.

Contract
Amendment Agreement and Waiver • April 30th, 2004 • Cb Richard Ellis Group Inc • Real estate • New York

AMENDMENT AGREEMENT AND WAIVER dated as of April 23, 2004 (this “Amendment”), to the Amended and Restated Credit Agreement dated as of October 14, 2003 (the “Existing Credit Agreement”), among CB RICHARD ELLIS SERVICES, INC., a Delaware corporation (the “Borrower”), CB RICHARD ELLIS GROUP, INC., a Delaware corporation formerly named CBRE HOLDING, INC. (“Holdings”), the lenders party thereto (the “Existing Lenders”), and CREDIT SUISSE FIRST BOSTON, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Existing Lenders.

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • January 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of December 31, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the ”Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Bridge SPA (as defined below), as applicable.

AMENDMENT NO. 3 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • April 2nd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 3 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of March 28, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • June 6th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of June 5, 2018, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the SPAs (as defined below), as applicable.

W I T N E S S E T H
Amendment Agreement and Waiver • April 17th, 2000 • Access Worldwide Communications Inc • Services-business services, nec • North Carolina
AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • May 3rd, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 4 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of April 30, 2019, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 30100 Town Center Dr., Suite O-209, Laguna Niguel, California 92677 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”).

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