Amendment, Waiver and Consent Agreement Sample Contracts

AMENDMENT, WAIVER AND CONSENT AGREEMENT
Amendment, Waiver and Consent Agreement • February 27th, 2003 • Pg&e Corp • Electric & other services combined • New York

THIS AMENDMENT, WAIVER AND CONSENT AGREEMENT (this "Waiver Agreement") dated as of November 6, 2002, is entered into among LA PALOMA GENERATING COMPANY, LLC, a Delaware limited liability company (the "Company"); LA PALOMA GENERATING TRUST LTD., a Delaware business trust (the "Owner") acting through WILMINGTON TRUST COMPANY, as Trustee; the LENDERS, INVESTORS and INTEREST HEDGE PARTIES party hereto; CITIBANK, N.A., as administrative agent for the Lenders, the Tranche A Banks and the Investors (in such capacity, the "Administrative Agent"); and CITIBANK, N.A., as security agent for the Creditors (in such capacity, the "Security Agent").

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AMENDMENT, WAIVER AND CONSENT AGREEMENT
Amendment, Waiver and Consent Agreement • January 19th, 2012 • Attitude Drinks Inc. • Beverages • New York

This Amendment, Waiver and Consent Agreement is made this 17th day of February, 2009 (“Agreement”) among Attitude Drinks Inc., a Delaware corporation (the “Company”), and the signators hereto who are Subscribers under certain Subscription Agreements with the Company dated October 23, 2007 (“Initial Closing”), January 8, 2008 (“Bridge Funding”), February 15, 2008 (“Second Closing”), September 29, 2008 (“Alpha Funding”), and January 27, 2009 (“January 2009 Funding”) (collectively “Subscription Agreements”).

AMENDMENT, WAIVER AND CONSENT
Amendment, Waiver and Consent Agreement • January 7th, 2009 • Innovative Food Holdings Inc • Wholesale-groceries, general line

This Amendment, Waiver and Consent Agreement made effective January 1, 2009 (“Waiver”) among Innovative Food Holdings, Inc., a Florida corporation (the “Company”), and the signators hereto who are Subscribers (“Subscribers”) under certain Subscription Agreements with the Company dated February 24, 2005 and August 25, 2005 (collectively, “Subscription Agreements”) as amended to include certain Promissory Notes dated February 7, 2006 (Alpha Capital Anstalt - $120,000, Whalehaven Capital Fund Limited - $30,000) and May 19, 2006 (Alpha Capital Anstalt - $10,000), respectively, as amended, and related documents (“Transaction Documents”).

AMENDMENT, WAIVER AND CONSENT AGREEMENT
Amendment, Waiver and Consent Agreement • July 5th, 2013 • Tengion Inc • Biological products, (no disgnostic substances) • New York

This Amendment, Waiver and Consent Agreement (this “Agreement”) is entered into this 28th day of June, 2013, by and among Tengion, Inc., a Delaware corporation (the “Company”), and each party identified on the signature pages hereto (the “Investors”).

AMENDMENT, WAIVER AND CONSENT AGREEMENT
Amendment, Waiver and Consent Agreement • March 21st, 2002 • Water Pik Technologies Inc • Electric housewares & fans • New York

THIS AMENDMENT, WAIVER AND CONSENT AGREEMENT (this "Agreement"), dated as of December 21, 2001, 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.

EX-10.3 3 b68940nvexv10w3.htm EX-10.3 AMENDMENT, WAIVER AND CONSENT AGREEMENT NO.3 DATED AS OF JANUARY 31,2008
Amendment, Waiver and Consent Agreement • May 5th, 2020 • New York

Exhibit 10.3 AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 3 AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 3 (this “Amendment”), dated as of January 31, 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

AMENDMENT, WAIVER AND CONSENT AGREEMENT
Amendment, Waiver and Consent Agreement • November 1st, 2016 • Ashford Inc. • Services-management consulting services • Delaware

This AMENDMENT, WAIVER AND CONSENT AGREEMENT (this “Agreement”), dated as of October 28, 2016, is entered into by and among Archie Bennett, Jr. and Monty J. Bennett (collectively, the “LP Transferors”); Remington Holdings GP, LLC, a Delaware limited liability company and the general partner of the Target (the “General Partner”) (each of the LP Transferors and the General Partner individually, a “Remington Holder” and collectively, the “Remington Holders”); MJB Investments, LP (“MJB Investments”); Mark A. Sharkey (“Sharkey”); Remington Holdings, LP, a Delaware limited partnership (the “Target”); Ashford, Inc., a Delaware corporation (the “Company”); Ashford Advisors, Inc., a Delaware corporation and wholly owned subsidiary of the Company (“Newco”); Remington Hospitality Management, Inc., a Delaware corporation and wholly owned subsidiary of Newco (“Newco Sub”); Ashford GP Holdings I, LLC, a Delaware limited liability company and wholly owned subsidiary of Newco (“GP Holdings I”); and Re

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 3
Amendment, Waiver and Consent Agreement • March 17th, 2008 • Navisite Inc • Services-business services, nec • New York

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 3 (this “Amendment”), dated as of January 31, 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, “Administ

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 5
Amendment, Waiver and Consent Agreement • November 4th, 2008 • Navisite Inc • Services-business services, nec • New York

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 5 (this “Amendment”), dated as of October 30, 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, “Administ

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 7 February 19, 2010
Amendment, Waiver and Consent Agreement • June 14th, 2010 • Navisite Inc • Services-business services, nec • New York

AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 7 (this “Amendment”) dated as of February 19, 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

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