Amendment and Consent Agreement Sample Contracts

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AMENDMENT AND CONSENT AGREEMENT NO. 8 April 30, 2010
Amendment and Consent Agreement • August 27th, 2010 • Navisite Inc • Services-business services, nec • New York

AMENDMENT AND CONSENT AGREEMENT NO. 8 (this “Amendment”) dated as of April 30, 2010, under that certain Amended and Restated Credit Agreement, dated as of September 12, 2007 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement), among NaviSite, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors, the Lenders, CIBC World Markets Corp., as sole lead arranger (in such capacity, “Sole Lead Arranger”), as documentation agent (in such capacity, “Documentation Agent”), and as bookrunner (in such capacity, “Bookrunner”), CIT Lending Services Corporation, as syndication agent (in such capacity, “Syndication Agent”), and Canadian Imperial Bank of Commerce, acting through its New York agency, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Agent”) for the Lenders an

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • May 6th, 2020 • Delphi Technologies PLC • Motor vehicle parts & accessories • Delaware

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”), dated as of May 6, 2020, with respect to the Transaction Agreement, dated as of January 28, 2020 (the “Transaction Agreement”), by and between BorgWarner Inc., a Delaware corporation (“BorgWarner”), and Delphi Technologies PLC, a public limited company incorporated under the laws of the Bailiwick of Jersey (“Delphi”), is hereby entered into by and between BorgWarner and Delphi. All capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Transaction Agreement.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • January 7th, 2016 • Andalay Solar, Inc. • Heating equipment, except electric & warm air furnaces • New York

This Amendment and Consent Agreement (“Agreement”), is entered into as of December 31, 2015, between Alpha Capital Anstalt (“Lender”) and Andalay Solar, Inc. (“Borrower”).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 14th, 2021 • Altus Power, Inc. • Electric services • New York

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is entered into as of December 6, 2021 by and among APA CONSTRUCTION FINANCE, LLC, a Delaware limited liability company (the “Borrower”), BT GA SOLAR, LLC, CURRY SOLAR FARM LLC, LIGHTBEAM POWER COMPANY GRIDLEY MAIN LLC, LIGHTBEAM POWER COMPANY GRIDLEY MAIN TWO LLC, NM MA SOLAR II, LLC, HI MA SOLAR, LLC, (together, the “Project Companies”), the “Lenders” listed on the signature pages hereof (collectively, the “Lenders”), the Counterparties listed on the signature pages hereof (collectively, the “Counterparties”) and FIFTH THIRD BANK, NATIONAL ASSOCIATION, in its capacities as the Administrative Agent and the Collateral Agent (together with its successors and permitted assigns, the “Agent”).

AMENDMENT AND CONSENT AGREEMENT NO. 4
Amendment and Consent Agreement • June 23rd, 2008 • Navisite Inc • Services-business services, nec • New York

AMENDMENT AND CONSENT AGREEMENT NO. 4 (this “Amendment”), dated as of June [ ], 2008, relating to the Amended and Restated Credit Agreement (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), dated as of September 12, 2007, among NAVISITE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein shall have the meaning assigned to such term in the Credit Agreement), the Lenders, CIBC WORLD MARKETS CORP., as sole lead arranger (in such capacity, “Sole Lead Arranger”), as documentation agent (in such capacity, “Documentation Agent”) and as bookrunner (in such capacity, “Bookrunner”), CIT LENDING SERVICES CORPORATION, as syndication agent (in such capacity, “Syndication Agent”), and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Age

FORM OF AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • August 11th, 2011 • Visual Network Design, Inc. • Services-prepackaged software • New York

THIS AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is made this ____ day of __________, 2011, by and among Visual Network Design, Inc., a Nevada corporation f/k/a Cahaba Pharmaceuticals, Inc. (“Assignor”), Navesink SPV 1, Inc., a Delaware corporation (“Assignee”), and the undersigned Buyer (as defined below).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • September 30th, 2004 • Waterford Wedgwood PLC • Pottery & related products • New York

THIS AMENDMENT AND CONSENT AGREEMENT, dated July 23, 2004 (this “Amendment”) is entered into by and among WATERFORD WEDGWOOD PLC, a public limited company organized under the laws of the Republic of Ireland with registered number 11861 (the “Company”) for itself and on behalf of all those Persons named as Restricted Entity Guarantors on Schedule 2 attached hereto, and all those Persons named as Security Providers on Schedule 3 attached hereto, WATERFORD WEDGWOOD FINANCE, INC., a corporation organized under the laws of the State of Delaware (the “Issuer”), and all those Persons named as Noteholders on Schedule 1 attached hereto (together with any transferees of the Notes, the “Noteholders”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Note Purchase Agreements (as defined below).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • February 21st, 2013 • Aegerion Pharmaceuticals, Inc. • Pharmaceutical preparations

This Amendment and Consent Agreement (this “Agreement”) is made as of January 29, 2013, by and among Aegerion Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and certain holders of the Company’s outstanding common stock, $0.001 par value per share, issued in connection with the conversion of the Company’s Series A Convertible Preferred Stock, $0.001 par value per share (the “Series A”), and Series B Convertible Preferred Stock, $0.001 par value per share (the “Series B” and together with the Series A, the “Preferred Stock”).

AMENDMENT AND CONSENT AGREEMENT NO. 8 April 30, 2010
Amendment and Consent Agreement • June 14th, 2010 • Navisite Inc • Services-business services, nec • New York

AMENDMENT AND CONSENT AGREEMENT NO. 8 (this “Amendment”) dated as of April 30, 2010, under that certain Amended and Restated Credit Agreement, dated as of September 12, 2007 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement), among NaviSite, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors, the Lenders, CIBC World Markets Corp., as sole lead arranger (in such capacity, “Sole Lead Arranger”), as documentation agent (in such capacity, “Documentation Agent”), and as bookrunner (in such capacity, “Bookrunner”), CIT Lending Services Corporation, as syndication agent (in such capacity, “Syndication Agent”), and Canadian Imperial Bank of Commerce, acting through its New York agency, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Agent”) for the Lenders an

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • May 6th, 2020 • Borgwarner Inc • Motor vehicle parts & accessories • Delaware

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”), dated as of May 6, 2020, with respect to the Transaction Agreement, dated as of January 28, 2020 (the “Transaction Agreement”), by and between BorgWarner Inc., a Delaware corporation (“BorgWarner”), and Delphi Technologies PLC, a public limited company incorporated under the laws of the Bailiwick of Jersey (“Delphi”), is hereby entered into by and between BorgWarner and Delphi. All capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Transaction Agreement.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 15th, 2010 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York

This Amendment and Consent Agreement (this “Agreement”), dated as of December 14, 2010, and effective as of the Effective Date (as defined below), is made by and among Genta Incorporated, a Delaware corporation (the “Company”), and the undersigned parties whose names are set forth on Exhibit A attached hereto (each a “Holder” and collectively the “Holders”).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • May 17th, 2005 • Indevus Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS AMENDMENT AND CONSENT AGREEMENT (“Amendment and Consent”), is made as of May 14, 2005 by and among Indevus Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 99 Hayden Avenue, Suite 200, Lexington, MA 02421, United States (“Indevus”), Odyssey Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 200 Park Avenue, Florham Park, NJ 07932, United States (“Odyssey”), and Saturn Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at c/o Domain Associates, One Palmer Square, Suite 515, Princeton, NJ 08542, United States (“Saturn”). Indevus, Odyssey and Saturn are collectively referred to herein as the “Parties”.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • September 30th, 2004 • Waterford Wedgwood PLC • Pottery & related products • New York

THIS AMENDMENT AND CONSENT AGREEMENT, dated May 28, 2004 (this “Amendment”) is entered into by and among WATERFORD WEDGWOOD PLC, a public limited company organized under the laws of the Republic of Ireland with registered number 11861 (the “Company”), WATERFORD WEDGWOOD FINANCE, INC., a corporation organized under the laws of the State of Delaware (the “Issuer”), all those Persons named as Noteholders on Schedule 1 attached hereto (together with any transferees of the Notes, the “Noteholders”), all those Persons named as Restricted Entity Guarantors on Schedule 2 attached hereto, and all those Persons named as Security Providers on Schedule 3 attached hereto. Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Note Purchase Agreements (as defined below).

AMENDMENT AND CONSENT
Amendment and Consent Agreement • April 10th, 2013 • Blastgard International Inc • Miscellaneous chemical products

This Amendment and Consent Agreement made this 1st day of March, 2013 (“Agreement”) among BlastGard International, Inc., a Colorado corporation (the “Company”), and the signators hereto who are Subscribers under certain Security Agreements, Guaranty and Transaction Documents with the Company dated December 2, 2004, February 3, 2011, March 7, 2011 and June 17, 2011 (“Subscribers”), as amended.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 31st, 2013 • MEDL Mobile Holdings, Inc. • Services-computer programming services • New York

This Amendment and Consent Agreement (“Agreement”) is made and entered into as of December 31, 2013 by and among MEDL Mobile Holdings, Inc., a Nevada corporation (the “Company”), and Alpha Capital Anstalt (“Subscriber”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreement and Warrant (as defined below).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • November 13th, 2002 • Water Pik Technologies Inc • Electric housewares & fans • New York

THIS AMENDMENT AND CONSENT AGREEMENT (this "Agreement"), dated as of September 20, 2002, to the Restated Credit Agreement, dated as of November 29, 1999 (as the same may be further amended, supplemented or modified from time to time in accordance with its terms, the "Credit Agreement"), among Water Pik, Inc., a Delaware corporation ("Water Pik"), and Laars, Inc., a Delaware corporation ("Laars" and together with Water Pik, herein referred to as the "Borrowers"), the Guarantors named therein, the financial institutions named therein (the "Lenders") and JPMorgan Chase Bank (f/k/a The Chase Manhattan Bank), as agent (the "Agent") for the Lenders. Capitalized terms used and not otherwise defined herein shall have the meanings attributed thereto in the Credit Agreement.

SEVENTH AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • March 9th, 2012 • Walker & Dunlop, Inc. • Finance services • Massachusetts

THIS SEVENTH AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is made as of December 28, 2011, by and among GPF Acquisition, LLC (“GPFA,” or the “Borrower” as the context may require), Walker & Dunlop Multifamily, Inc., Walker & Dunlop GP, LLC, Green Park Financial Limited Partnership, W&D, Inc., Walker & Dunlop, Inc., and Walker & Dunlop, LLC (collectively, the “Obligor Group”), Bank of America, N.A., as Administrative Agent and Collateral Agent (the “Administrative Agent”), and the lenders party hereto (the “Lenders”). Capitalized terms used herein without definition have the meanings specified therefor in that certain Amended and Restated Credit Agreement dated as of January 30, 2009, by and among the Obligor Group, the Administrative Agent, and the Lenders, as amended (the “Credit Agreement”). Walker & Dunlop II LLC joins this Agreement in its capacity as a Pledgor.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • January 23rd, 2004 • Telecommunication Systems Inc /Fa/ • Services-prepackaged software • New York

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of January 13, 2004 by and among TeleCommunication Systems, Inc., a Maryland corporation (the “Company”), and each of the investors listed on the signature pages hereto (the “Investors”).

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