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 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 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 • 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. 1 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • February 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 1 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of January 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. 1 TO AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • February 1st, 2019 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT NO. 1 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of January 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 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 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.

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

This AMENDMENT NO. 1 TO AMENDMENT AGREEMENT AND WAIVER (the “Amendment”), dated as of January 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 • 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 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
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