EXHIBIT 10.1 AMENDMENT AND WAIVER This AMENDMENT AND WAIVER (this "AMENDMENT"), dated as of March 21, 2006, is entered into by and between ISLAND PACIFIC, INC., a Delaware corporation (the "COMPANY"), and LAURUS MASTER FUND, LTD., a Cayman Islands...Amendment and Waiver • March 28th, 2006 • Island Pacific Inc • Services-prepackaged software • New York
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and David J. Steichen (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Jeffrey P. Baker (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Michigan
Amendment and Waiver dated as of July 7, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and John D. Bamberger (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 7, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Praba Manivasager (hereinafter “Executive”).
AMENDMENT AND WAIVER BY AND AMONG INDEPENDENT BANK, as Lender AND RED MOUNTAIN RESOURCES, INC. CROSS BORDER RESOURCES, INC. BLACK ROCK CAPITAL, INC. RMR OPERATING, LLC, as Borrowers Effective SEPTEMBER 12, 2013Amendment and Waiver • May 19th, 2015 • Cross Border Resources, Inc. • Crude petroleum & natural gas • Texas
This AMENDMENT AND WAIVER (this “Agreement”) is made and entered into effective the 12th day of September, 2013 (the “Effective Date”), by and among INDEPENDENT BANK, a Texas banking association, as lender under the Senior First Lien Secured Credit Agreement (the “Lender”), and RED MOUNTAIN RESOURCES, INC., a Florida corporation (“Red Mountain”), CROSS BORDER RESOURCES, INC., a Nevada corporation, BLACK ROCK CAPITAL, INC., an Arkansas corporation, and RMR OPERATING, LLC, a Texas limited liability company (collectively, the “Borrowers”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Walter P. Michels (hereinafter “Executive”).
RECITALSAmendment and Waiver • November 1st, 1999 • Lightspan Partnership Inc
AMENDMENT AND WAIVERAmendment and Waiver • August 15th, 2005 • Stockeryale Inc • Optical instruments & lenses • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between StockerYale, Inc., a Massachusetts corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”) and is effective as of August 10, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • January 25th, 2006 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”), and is effective as of the 23rd day of January, 2006.
AMENDMENT AND WAIVERAmendment and Waiver • September 29th, 2003 • Kinetic Concepts Inc /Tx/ • Miscellaneous furniture & fixtures
THIS AMENDMENT AND WAIVER (the “Amendment and Waiver”), dated August 11, 2003, executed by and among Kinetic Concepts, Inc., a Texas corporation (the “Company”), each of the shareholders (the “Shareholders”) of the Company that are parties to that certain Agreement Among Shareholders (as amended by that certain Joinder and Amendment Agreement dated as of June 25, 2003, the “Shareholder Agreement”), dated November 5, 1997, and JPMorgan Chase Bank, a New York banking corporation (“Chase”), in its capacity as administrative agent (together with its successors in such capacity, “Administrative Agent”) to that certain Waiver and Consent (the “Waiver and Consent”), dated December 2002 but effective for all purposes as of September 27, 2002.
AMENDMENT AND WAIVERAmendment and Waiver • December 27th, 2016 • Hpil Holding • Services-management consulting services
This Amendment and Waiver made this 27th day of December, 2016 (the “Amendment”), by and between Kodiak Capital Group, LLC, a Delaware limited liability company ("Investor"), and HPIL Holding, a Nevada corporation (the "Company"), relates to that Convertible Note entered into between the Company and Investor on June 28, 2016 (the "Note").
AMENDMENT AND WAIVER NO. 5Amendment and Waiver • November 14th, 2018 • Synergy Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS AMENDMENT AND WAIVER, dated as of November 13, 2018 (this “Agreement”), is made among Synergy Pharmaceuticals Inc., a Delaware corporation (“Borrower”), the Subsidiary Guarantors as from time to time party hereto, the Lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and CRG Servicing LLC, a Delaware limited liability company (“CRG Servicing”), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, “Agent”).
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”), and is effective as of August 31, 2005.
RecitalsAmendment and Waiver • January 15th, 2003 • Bank One Corp • National commercial banks • New York
AMENDMENT AND WAIVERAmendment and Waiver • September 9th, 2022 • PAVmed Inc. • Surgical & medical instruments & apparatus
This Amendment and Waiver (this “Agreement”) is entered into as of September 8, 2022 (the “Effective Date”), by and between PAVmed Inc., a Delaware corporation with offices located at One Grand Central Place, Suite 4600, New York, NY 10165 (the “Company”) and the investor signatory hereto (the “Investor”), with reference to the following facts:
AMENDMENT AND WAIVERAmendment and Waiver • August 15th, 2005 • Stockeryale Inc • Optical instruments & lenses • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between StockerYale, Inc., a Massachusetts corporation (the “Borrower”), and Smithfield Fiduciary LLC (“Smithfield”) and is effective as of August 10, 2005.
AMENDMENT AND WAIVER March 15, 2011Amendment and Waiver • March 21st, 2011 • Sige Semiconductor Inc • Semiconductors & related devices • Delaware
This Amendment and Waiver (the “Agreement”) is by and among (a) SiGe Semiconductor, Inc., a Delaware corporation (the “Company”), and (b) the Investors (as defined in the Investor Rights Agreement (as defined below)) who hold a majority in interest of the Registrable Securities (as defined in the Investor Rights Agreement) and the Preferred Registrable Securities (as defined in the Investor Rights Agreement).
AMENDMENT AND WAIVER Dated as of February 24, 2011 among ALON USA ENERGY, INC. as Borrower and ISRAEL DISCOUNT BANK OF NEW YORK, as Lender To the Line Letter dated as of March 9, 2010Amendment and Waiver • March 15th, 2011 • Alon USA Energy, Inc. • Petroleum refining • New York
AMENDMENT AND WAIVER (as amended, supplemented or otherwise modified from time to time, this “Amendment”) dated as of February 24, 2011 among (i) ALON USA ENERGY, INC., a Delaware limited liability company (the “Borrower”); and (ii) ISRAEL DISCOUNT BANK OF NEW YORK, as lender (the “Lender”) for the Lenders.
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and The Shaar Fund, Ltd. (“Shaar”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • June 3rd, 2013 • VistaGen Therapeutics, Inc. • Pharmaceutical preparations • New York
This Amendment and Waiver (“Amendment”) is entered into as of May 28, 2013 by and between VistaGen Therapeutics, Inc., a Nevada corporation (the “Company”) and Platinum Long Term Growth VII, LLC, a Delaware limited liability company (“Platinum”).
ContractAmendment and Waiver • June 27th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
AMENDMENT AND WAIVER, dated as of June 23, 2006 (this “Amendment”), among AMERICAN MEDIA, INC. (“Holdings”), AMERICAN MEDIA OPERATIONS, INC. (the “Borrower”), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
AMENDMENT AND WAIVERAmendment and Waiver • August 17th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of August 15, 2017 by XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (the “Company”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”) and ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities” and, together with ROS, collectively, the “Holders”).
AMENDMENT AND WAIVERAmendment and Waiver • April 10th, 2006 • Artistdirect Inc • Services-business services, nec • New York
THIS AMENDMENT AND WAIVER (“Amendment”) is made and entered into as of this 7th day of April, 2006, by and among ARTISTdirect, Inc., a Delaware corporation (the “Company”), and Libra FE, LP, a California limited liability company (“Holder”). Capitalized terms used herein and undefined shall have the meanings set forth in that certain warrant to purchase common stock issued by the Company on July 28, 2005 (the “Warrant”).
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Longview Special Finance (“LSF”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • January 25th, 2006 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and the undersigned holders of Subordinated Convertible Promissory Notes of the Borrower (sometimes hereinafter collectively referred to as the “Lenders”), and is effective as of the 23rd day of January, 2006.
AMENDMENT AND WAIVERAmendment and Waiver • August 12th, 2022 • Akerna Corp. • Services-computer processing & data preparation • New York
This Amendment and Waiver (this “Agreement”) is entered into as of June 30, 2022, by and between Akerna Corp., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”), in accordance with that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Buyers (the “Buyers”) dated October 5, 2021 (the “SPA”) with reference to the following facts:
ContractAmendment and Waiver • August 21st, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
AMENDMENT AND WAIVER, dated as of August 18, 2006 (this “Amendment”), among AMERICAN MEDIA, INC. (“Holdings”), AMERICAN MEDIA OPERATIONS, INC. (the “Borrower”), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
RECITALSAmendment and Waiver • May 19th, 2017 • Keane Group, Inc. • Oil & gas field services, nec • New York
WHEREAS, the Lead Borrower and the other Borrowers and Guarantors have entered into that certain Term Loan Agreement dated as of March 15, 2017, by and among the Parent, the Lead Borrower, the persons named on Schedule 1.01A thereto, the guarantors party thereto, each lender from time to time party thereto and Owl Rock Capital Corporation (“ORCC”), as administrative agent and collateral agent (the “Existing Term Loan Agreement”) where the lenders thereunder made a term loan in the aggregate principal amount of $150,000,000;
AMENDMENT AND WAIVERAmendment and Waiver • April 24th, 2007 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”), and is effective as of the 18th day of April, 2007.
AMENDMENT AND WAIVERAmendment and Waiver • May 13th, 2024 • PAVmed Inc. • Surgical & medical instruments & apparatus
This Amendment and Waiver (this “Agreement”) is entered into as of March 12, 2024 (the “Effective Date”), by and between PAVmed Inc., a Delaware corporation with offices located at 360 Madison Avenue, 25th Floor, New York, NY 10017 (the “Company”) and the investor signatory hereto (the “Investor”), with reference to the following facts:
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and The Tocqueville Amerique Value Fund (“TAVF”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • January 27th, 2006 • Argo Tech Corp • Aircraft engines & engine parts • New York
THIS AMENDMENT AND WAIVER, dated as of October 28, 2005 (this “Amendment and Waiver”), is made by and among (the “Option Holder”), AT Holdings Corporation, a Delaware corporation (the “Company”), Argo-Tech Corporation, a Delaware corporation (“Argo-Tech”), and V.G.A.T. Investors, LLC, a Delaware limited liability company (“Parent”).
AMENDMENT AND WAIVERAmendment and Waiver • June 5th, 2008 • RxElite, Inc. • Pharmaceutical preparations
This AMENDMENT AND WAIVER (this “Amendment”), dated as of May 30, 2008, is made by and between RxElite, Inc., a Delaware corporation (the “Company”), and Castlerigg Master Investments Ltd., a British Virgin Islands company (the “Holder” or “Castlerigg”). The Company and the Holder are, collectively, the “Parties.” Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in that certain Senior Secured Convertible Note, issued by the Company to the Holder on December 31, 2007 in the principal amount of $10,500,000, as may have been previously amended (the “Note”), pursuant to that certain Securities Purchase Agreement dated as of December 31, 2007 by and between the Company and the Holder (the “Securities Purchase Agreement”).
AMENDMENT AND WAIVERAmendment and Waiver • July 10th, 2023 • Global Business Travel Group, Inc. • Transportation services
This amendment and waiver (this “Amendment and Waiver”), dated as of July 10, 2023, is made by and among Global Business Travel Group, Inc. (“PubCo”), GBT JerseyCo Limited (“JerseyCo”), American Express Travel Holdings Netherlands Coöperatief U.A. (“Amex Shareholder”), Juweel Investors (SPC) Limited (“Juweel”) and EG Corporate Travel Holdings LLC (“Expedia Shareholder” and, collectively with PubCo, JerseyCo, Amex Shareholder and Juweel, the “Parties”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Exchange Agreement (as defined below) or the A&R JerseyCo M&A.
