RECITALSAmendment and Waiver Agreement • August 10th, 2007 • Narrowstep Inc • Communications services, nec • New Jersey
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
THIS AMENDMENT AND WAIVER AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 1, 2006, is entered into between CEMEX, S.A.B. DE C.V., a sociedad anónima bursátil de capital variable organized under the laws of the United Mexican States (“Mexico”) (formerly CEMEX, S.A. de C.V.) (the “Borrower”), Cemex México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Empresas Tolteca de México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (each a “Guarantor” and collectively the “Guarantors”) and ING CAPITAL LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) acting on the instructions of the Required Lenders for and on behalf of the Lenders party to the Credit Agreement (as defined below).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • April 11th, 2006 • Spectrum Sciences & Software Holdings Corp • Services-facilities support management services • Delaware
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”) is made and entered into as of May 11, 2005, by and among Spectrum Sciences & Software Holdings Corp., a Delaware corporation (“Buyer”), Horne Acquisition LLC, a Virginia limited liability company and wholly owned subsidiary of Buyer (“Acquisition LLC”), Horne Engineering Services, Inc., a Virginia corporation (the “Company”), and Darryl K. Horne (“Horne”), Charlene M. Horne and Michael Megless (“Megless”), the shareholders of the Company (collectively, the “Shareholders”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • October 3rd, 2016 • Altisource Residential Corp • Real estate
This Amendment and Waiver Agreement (“Amendment and Waiver Agreement”) is dated as of September 30, 2016 (the “Effective Date”) by and between ALTISOURCE SOLUTIONS S.À R.L., a Luxembourg private limited liability company (“Altisource”) and ALTISOURCE RESIDENTIAL CORPORATION, a Maryland corporation (“Residential”, and together with Altisource, the “Parties” and each individually, a “Party”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • July 19th, 2010 • China Architectural Engineering, Inc. • Services-engineering services
This Amendment and Waiver Agreement (the “Agreement”) is made and entered into as of July 13th, 2010 (the “Effective Date”), by and among China Architectural Engineering, Inc., a Delaware corporation (the “Company”); The Royal Bank of Scotland N.V., London Branch (formerly ABN AMRO Bank N.V., London Branch) (“RBS N.V.”); CITIC Capital China Mezzanine Fund Limited (formerly known as “CITIC Allco Investments Limited.”) (“CITIC,” and together with RBS N.V., the “Bondholders”); The Royal Bank of Scotland (China) Co. Ltd. Shenzhen Branch (formerly ABN AMRO Bank (China) Co., Ltd., Shenzhen Branch) (the “Overdraft Lender” and together with RBS N.V. and CITIC, the “Creditors”); Mr. Ken Luo, an individual; Mr. Jun Tang, an individual; KGE Group Limited, a company organized under the laws of Hong Kong (“KGE Group”); and First Jet Investments Limited, a company organized under the laws of the British Virgin Islands (“First Jet”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AMENDMENT AND WAIVER AGREEMENT (this "Agreement") is entered into as of August 6, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P. each a Delaware limited partnership (collectively the "Lenders").
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • November 26th, 2010 • Youblast Global, Inc. • Miscellaneous publishing • Texas
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement ”), dated as of November 18, 2010, is made and entered into by and among YouBlast Global, Inc. (f/k/a Sahara Media Holdings, Inc.), a Delaware corporation (the “Company”), and John Thomas Bridge & Opportunity Fund, LP, and John Thomas Bridge & Opportunity Fund II, LP (each, a “Holder” and, collectively, the “Holders”).
Amendment and WAIVER AgreementAmendment and Waiver Agreement • February 9th, 2023 • SRAX, Inc. • Services-advertising agencies • New York
This AMENDMENT AND WAIVER AGREEMENT (the “Agreement”) dated as of February 2, 2023 is entered into by and between SRAX, Inc., a Delaware Corporation (the “Company”) and the entities identified on the signature pages hereto (each, a “Holder” and, collectively, the “Holders”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 9th, 2009 • Allion Healthcare Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
This Amendment and Waiver Agreement (“Agreement”) is made as of the 6th day of March, 2009 by and among Allion Healthcare, Inc. (“Allion”), Biomed Healthcare, Inc., Access Therapeutics, Inc., Atlas Respiratory Services, Inc., Biomed California, Inc. (“BioMed CA”), Biomed Florida, Inc., Biomed Kansas, Inc., Biomed PA, Inc., Biomed Pharmaceuticals, Inc., Biomed Texas, Inc., Access Healthcare Services, LLC, Moms Pharmacy of Brooklyn, Inc., Moms Pharmacy, Inc., Moms Pharmacy, Inc., Mail Order Meds of Florida, LLC, Oris Health, Inc., North American Home Health Supply, Inc., Medicine Made Easy and Specialty Pharmacies, Inc. (together with Allion and Biomed CA, collectively, the “Borrowers” and each individually referred to as a “Borrower”), the financial institutions listed as lenders on the signature pages hereto (collectively, the “Lenders”), and CIT Healthcare LLC, as administrative agent (“Agent”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • July 13th, 2011 • Student Transportation Inc. • Illinois
This AMENDMENT AND WAIVER TO THE NOTE PURCHASE AGREEMENT is dated as of October 2, 2009 (this “Waiver”), among STUDENT TRANSPORTATION OF AMERICA, INC., a Delaware corporation (the “Issuer”), STUDENT TRANSPORTATION OF AMERICA HOLDINGS, INC. (“Holdings”), a Delaware corporation, STUDENT TRANSPORTATION OF AMERICA LTD. (“Parent”), an Ontario corporation and SUN LIFE ASSURANCE COMPANY OF CANADA, a company governed by the Insurance Companies Act of Canada, LONDON LIFE INSURANCE COMPANY, a corporation existing under the Insurance Companies Act of Canada, those persons from time to time entered into the register as holders of the Notes by proper endorsement and delivery (each a “Noteholder” and collectively the “Noteholders”) and COMPUTERSHARE TRUST COMPANY, N.A., a national trust company, as trustee (in such capacity, the “Trustee”).
AMENDMENT AND WAIVER AGREEMENT This Amendment and Waiver Agreement (this “Agreement”) is entered into as of the [ ] day of November, 2023, by and between Fisker Inc., a Delaware corporation (the “Company”) and the investor signatory hereto (the...Amendment and Waiver Agreement • November 22nd, 2023 • Fisker Inc./De • Motor vehicles & passenger car bodies
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 14th, 2001 • Point West Capital Corp • Finance services • New York
THIS AMENDMENT AND WAIVER AGREEMENT, dated as of December 15, 2000 (this "Agreement"), is among ALLEGIANCE FUNDING I, LLC (the "Depositor"), MANUFACTURERS AND TRADERS TRUST COMPANY (the "Trustee"), POINT WEST CAPITAL CORPORATION (the "Servicer") and as consented to by the Certificateholders named on the signature pages hereto.
ContractAmendment and Waiver Agreement • February 2nd, 2009 • Flagstar Bancorp Inc • Savings institution, federally chartered • New York
THIS AMENDMENT AND WAIVER AGREEMENT, dated as of January 30, 2009 (this “Closing Agreement”), by and between Flagstar Bancorp, Inc., a corporation organized under the laws of the State of Michigan (the “Company”) and MP Thrift Investments L.P. a Delaware limited partnership (“Purchaser”, and together with the Company, the “Closing Parties”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • August 29th, 2008 • Visual Management Systems Inc • Metal mining
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”) dated as of August 28, 2008, is entered into among Visual Management Systems, Inc, a Nevada corporation (the “Company”) and the holders of the Company’s Original Issue Discount 5% Senior Secured Convertible Debentures (individually, a “Holder” and collectively, the “Holders”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement or the Debentures (each as defined below).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • December 21st, 2020 • Terra Tech Corp. • Engines & turbines
This Amendment and Waiver Agreement (this “Amendment”) is dated as of December 18, 2020 and is entered into by and between Terra Tech Corp., a Nevada corporation (the “Company”), and Michael Nahass (the “Executive”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • July 13th, 2012 • EcoReady Corp • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of the 4th day of April, 2011, is made by and between EcoReady Corporation, a corporation incorporated under the laws of State of Florida (formerly known as Centracan Incorporated; the “Company”), and the subscribers identified on the signature pages hereto (the “Subscribers” and each a “Subscriber”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • May 19th, 2014 • Vycor Medical Inc • Surgical & medical instruments & apparatus
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of May 14, 2014, is made and entered into by and among Vycor Medical, Inc., a Delaware corporation (the “Company”) and the holders of certain Placement Agent Warrants (the “Warrants”) issued in connection with the Company’s private offering of securities during the period January 2, 2014-April 25, 2014 (the “Warrantholders”). Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Warrants.
AMENDMENT AND WAIVER AGREEMENT DATED AS OF April 10, 2009 TO LOAN AND SECURITY AGREEMENT DATED AS OF JUNE 8, 2006 BETWEEN ROSS/FIALKOW CAPITAL PARTNERS LLP, TRUSTEE OF BRIGHTEC CAPITAL TRUST AND BRIGHTEC, INC.Amendment and Waiver Agreement • April 16th, 2009 • Brightec, Inc • Unsupported plastics film & sheet • Massachusetts
This Amendment and Waiver Agreement is entered into as of this 10th day of April 2009 by and between Ross/Fialkow Capital Partners LLP, Trustee of Brightec Capital Trust, a Massachusetts nominee trust established under Declaration of Trust dated June 8, 2006, and with a place of business at 38 Glen Avenue, Newton, Massachusetts 02459 (the “Lender”) and Brightec, Inc., f/k/a Advanced Lumitech, Inc., a Nevada corporation with a place of business at 8C Pleasant Street S., Natick, Massachusetts 01760 (the “Borrower”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • February 10th, 2012 • Four Rivers Bioenergy Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT AND WAIVER AGREEMENT (this “Amendment Agreement”), dated as of February 9, 2012, is entered into by and between Four Rivers BioEnergy Inc., a Nevada corporation (the “Company”) and GCP VIII, LLC (the “Holder”). Capitalized terms used herein, but not otherwise defined, shall have the meanings ascribed to such terms in the Purchase Agreement and the 2011 Debenture, as defined below.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • February 22nd, 2013 • Ultra Clean Holdings Inc • Semiconductors & related devices • New York
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of February 15, 2013, is entered into by and among ULTRA CLEAN HOLDINGS, INC., a Delaware corporation (“Holdings”), ULTRA CLEAN TECHNOLOGY SYSTEMS AND SERVICE, INC., a California corporation (“UCTSS”), AMERICAN INTEGRATION TECHNOLOGIES LLC, a Delaware limited liability company (the “Acquired Business”), ULTRA CLEAN ASIA PACIFIC PTE. LTD. (company registration no. 200818110D), a private company limited by shares organized in The Republic of Singapore (the “Singapore Borrower”), the several banks and other financial institutions or entities party hereto (each a “Required Lender” and, collectively, the “Required Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders party to the Credit Agreement referenced below (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Credit Agre
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 30th, 2009 • Cleveland Biolabs Inc • Services-commercial physical & biological research
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of March 20, 2009, is entered into by and among Cleveland BioLabs, Inc., a Delaware corporation (the “Company”) and each of the purchasers (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”) to the Securities Purchase Agreement, dated as of February 13, 2009 (the “Purchase Agreement”). Any defined terms used herein and otherwise undefined shall have the same meaning ascribed to such terms in the Purchase Agreement.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • December 19th, 2008 • EnterConnect Inc • Services-prepackaged software • New York
AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of December ___, 2008, by and between EnterConnect Inc., a Nevada corporation with headquarters located at 100 Century Center Court, Suite 650, San Jose, California 95112-4537 (the “Company”) and ______________________ (the “Investor”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • November 20th, 2006 • Corgi International LTD • Games, toys & children's vehicles (no dolls & bicycles) • Delaware
This Amendment and Waiver Agreement (the “Agreement”) is being entered into as of November 14, 2006 by and among Corgi International Limited, a corporation organized under the laws of Hong Kong (the “Company”), LightSaber Acquisition Corp, a Delaware corporation and wholly-owned subsidiary of the Company (“MergerSub”), and Master Replicas Inc., a Delaware corporation (“Master Replicas”), in connection with the Agreement and Plan of Merger, dated October 4, 2006, among the Company, MergerSub and Master Replicas (the “Merger Agreement”). Capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to them in the Merger Agreement.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • February 24th, 2010 • China Architectural Engineering, Inc. • Services-engineering services
This Amendment and Waiver Agreement (the “Agreement”) is made and entered into as of February 24, 2010 (the “Effective Date”), by and among China Architectural Engineering, Inc., a Delaware corporation (the “Company”); The Royal Bank of Scotland N.V., London Branch (formerly ABN AMRO Bank N.V., London Branch) (“RBS N.V.”); CITIC Capital China Mezzanine Fund Limited (formerly known as “CITIC Allco Investments Limited.”) (“CITIC,” and together with RBS N.V., the “Bondholders”); ABN AMRO Bank (China) Co., Ltd., Shenzhen Branch (the “Overdraft Lender” and together with RBS N.V. and CITIC, the “Creditors”); Mr. Ken Luo, an individual; Mr. Jun Tang, an individual; KGE Group Limited, a company organized under the laws of Hong Kong (“KGE Group”); and First Jet Investments Limited, a company organized under the laws of the British Virgin Islands (“First Jet”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • November 20th, 2006 • Corgi International LTD • Games, toys & children's vehicles (no dolls & bicycles) • New York
This Amendment and Waiver Agreement (the "Agreement") is being entered into by and among Corgi International Limited, a corporation organized under the laws of Hong Kong (the “Company”), and certain of the entities and individuals listed on the Schedule of Purchasers (the “Purchasers”) attached as Exhibit C to that certain Note and Warrant Purchase Agreement dated April 28, 2006, by and among the Company and the Purchasers (the “Purchase Agreement”). Capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to them in the Purchase Agreement.
THIS AMENDMENT AND WAIVER AGREEMENT is made as of August 25, 2011, betweenAmendment and Waiver Agreement • August 26th, 2011 • Li3 Energy, Inc. • Miscellaneous manufacturing industries
a corporation incorporated under the laws of the Cayman Islands, and the transferee of LW Emerging Markets Natural Resources Opportunities Fund, Ltd.’s entire interest under the Original Agreement and the Notes (“Lender 1”),
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • November 26th, 2010 • Youblast Global, Inc. • Miscellaneous publishing • New York
This Amendment and Waiver Agreement (this “Agreement”), dated November 19, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media Holdings, Inc.), a Delaware corporation (the “Company”), on the one hand, and Daniel A. Dodson Jr. (the “Investor”), on the other hand.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • December 8th, 2006 • Tripos Inc • Services-prepackaged software • Connecticut
This AMENDMENT AND WAIVER AGREEMENT ("Agreement"), executed as of December _, 2006, but effective as of December 1, 2006, is entered into by and between TRIPOS, INC., a Utah corporation ("Borrower"), and HORIZON TECHNOLOGY FUNDING COMPANY LLC ("Lender").
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • April 23rd, 2008 • Skystar Bio-Pharmaceutical Co • Pharmaceutical preparations • New York
THIS AMENDMENT AND WAIVER AGREEMENT (this “Amendment”) is made and entered into this as of the 31st day of March 2008, by and between Skystar Bio-Pharmaceutical Company, a Nevada corporation (the “Company”) on the one hand, [Names of Buyers] (collectively the “Buyers”). Capitalized terms used but not defined herein shall have the meanings set forth in that certain Securities Purchase Agreement, the Registration Rights Agreement, the Convertible Debentures, and the Transfer and Assignment Agreement (defined in the Recitals below).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • October 10th, 2008 • Medialink Worldwide Inc • Communications services, nec
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”) dated as of October 6, 2008, is entered into among Medialink Worldwide Incorporated, a Delaware corporation (the “Company”) and the undersigned holder (the “Holder”) of the Company’s Variable Rate Convertible Debenture due November 9, 2009 (the “Debenture”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below) or the Debenture.
Amendment And Waiver AgreementAmendment and Waiver Agreement • November 26th, 2010 • Youblast Global, Inc. • Miscellaneous publishing • New York
This Acknowledgment and Waiver Agreement (this “Agreement”), dated November 22, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media, Inc.), a Delaware corporation (the “Company”), and Philmore Anderson, IV (“Anderson”).
AMENDED & RESTATED AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • May 11th, 2001 • Point West Capital Corp • Finance services • New York
THIS AMENDED & RESTATED AMENDMENT AND WAIVER AGREEMENT, dated as of April 15, 2001 (this "Agreement"), is among ALLEGIANCE FUNDING I, LLC (the "Depositor"), MANUFACTURERS AND TRADERS TRUST COMPANY (the "Trustee"), POINT WEST CAPITAL CORPORATION (the "Servicer") and as consented to by the Certificateholders named on the signature pages hereto.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • October 20th, 2010 • Applied Visual Sciences, Inc. • Wholesale-computers & peripheral equipment & software
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of October 15, 2010, is made and entered into by and among Applied Visual Sciences, Inc. (f/k/a Guardian Technologies International, Inc.), a Delaware corporation (the “Company”), and Crescent International Ltd. and Dr. Joshua P. Prager (each, a “Holder” and, collectively, the “Holders”). Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Securities Purchase Agreement, dated as of November 3, 2006 (the “Purchase Agreement”), by and among the Company and the signatories thereto and/or in the Transaction Documents.
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • February 18th, 2020 • Terra Tech Corp. • Engines & turbines
This Amendment and Waiver Agreement (this “Amendment”) is dated as of February 13, 2020 and is entered into by and between Terra Tech Corp., a Nevada corporation. (the “Company”) and Derek Peterson (the “Executive”).
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 31st, 2015 • Ener-Core Inc. • Miscellaneous chemical products • California
THIS AMENDMENT AND WAIVER AGREEMENT (this “Amendment”) is made and entered into this as of December 1, 2014, by and among Ener-Core, Inc., a Nevada corporation (the “Company”), and the undersigned Investors. Capitalized terms used but not defined herein shall have the meanings set forth in the Transaction Agreements (defined in the Recitals below).
