EX-10.90 4 d227335dex1090.htm THE OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • May 5th, 2020 • Colorado
This OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Agreement”), is entered into as of the 9th day of September, 2011, by and between Clean Coal Solutions, LLC, a Colorado limited liability company, as Borrower (“Borrower”), and CoBiz Bank, a bank doing business in the State of Colorado as Colorado Business Bank, as Lender (“Lender”).
AMENDMENT NO. 8 AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • April 2nd, 2009 • Marvel Entertainment, Inc. • Patent owners & lessors • New York
AMENDMENT NO. 8 AND REAFFIRMATION AGREEMENT (this “Amendment”) dated as of March 30, 2009 to CREDIT AGREEMENT (as amended, modified or supplemented prior to the date hereof, the “Credit Agreement”) dated as of November 9, 2005, among MARVEL ENTERTAINMENT, INC., MARVEL CHARACTERS, INC., MARVEL CHARACTERS B.V., MVL INTERNATIONAL C.V. and HSBC BANK USA, NATIONAL ASSOCIATION, as Lender. All capitalized terms used but not defined herein shall have the same meanings herein as in the Credit Agreement. The parties hereto hereby agree as follows:
ContractAnd Reaffirmation Agreement • November 1st, 2012 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York
AMENDMENT NO. 1 and REAFFIRMATION AGREEMENT dated as of August 17, 2012 (this “Agreement”), relating to the Amended and Restated Guarantee and Collateral Agreement, dated as of July 25, 2007, as amended and restated as of November 5, 2010 and further supplemented heretofore (the “Collateral Agreement”), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the “Company”), COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the “Parent”), the other Subsidiaries party hereto (collectively, and together with the Company and Parent, the “Grantors” or the “Reaffirming Parties”) and Credit Suisse AG, as collateral agent (in such capacity, the “Collateral Agent”).
FOURTH AMENDMENT TO second amended and restated credit agreement and REaffirmation agreementAnd Reaffirmation Agreement • August 12th, 2019 • Insight Enterprises Inc • Retail-catalog & mail-order houses • New York
This FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND REAFFIRMATION AGREEMENT, dated as of August 9, 2019 (this “Amendment and Reaffirmation”), is entered into by and among CALENCE, LLC, a Delaware limited liability company, INSIGHT DIRECT USA, INC., an Illinois corporation, INSIGHT PUBLIC SECTOR, INC., an Illinois corporation (each a “Reseller” and collectively, the “Resellers”), INSIGHT ENTERPRISES, INC., a Delaware corporation (“Parent Guarantor”), INSIGHT CANADA HOLDINGS, INC., f/k/a Insight Canada, Inc., INSIGHT NORTH AMERICA, INC., INSIGHT DIRECT WORLDWIDE, INC., INSIGHT RECEIVABLES HOLDING, LLC and INSIGHT TECHNOLOGY SOLUTIONS, INC. (collectively, the “Subsidiary Guarantors” and, together with the Resellers and the Parent Guarantor, the “Reaffirming Parties”), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company as Administrative Agent, Collateral Agent, Syndication Agent, and Administrative Agent (“WFCF”, or the “Agent” as the context may r
ContractAnd Reaffirmation Agreement • October 24th, 2022 • KKR Real Estate Finance Trust Inc. • Real estate investment trusts • New York
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • October 28th, 2015 • Blue Earth, Inc. • Electric services • New York
THIS OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Agreement”) dated as of October 23, 2015, is by and among (i) BLUE EARTH, INC., a Nevada corporation (the “Borrower”), (ii) BLUE EARTH GENERATOR, INC., a Nevada corporation (“BE Gen”); (iii) BLUE EARTH FINANCE, INC., a Nevada corporation (“BE Finance”); (iv) BLUE EARTH ENERGY MANAGEMENT SERVICES, INC., a California corporation (“BE Energy Mgt”); (v) BLUE EARTH SOLAR, INC., a California corporation (“BE Solar”); (vi) BLUE EARTH POWER PERFORMANCE SOLUTIONS, INC., an Oregon corporation (“BE Power”); (vii) ECOLEGACY GAS & POWER, LLC, a California limited liability company (“Ecolegacy”); (viii) BLUE EARTH ENERGY POWER SOLUTIONS, LLC, an Oregon limited liability company (“BE Energy Power”); (ix) BLUE EARTH TECH, INC., a Nevada corporation (“BE Tech”); (x) BLUE EARTH CHP, INC., a Utah corporation (“BE CHP”); (xi) BROOKS HEAT & POWER LTD, a British Columbia, Canada corporation, incorporated under the Business Corporations Act of the Pro
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • May 3rd, 2017 • General Finance CORP • Services-equipment rental & leasing, nec • Illinois
This Agreement refers to an Amended and Restated Credit Agreement dated as of April 7, 2014, by and among certain Credit Parties, certain Lenders, and Agent, as administrative agent (that agreement, as amended, restated, supplemented, or otherwise modified before the date of this Agreement, the “Existing Credit Agreement”).
THIRD OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • March 25th, 2019 • Staffing 360 Solutions, Inc. • Services-help supply services • New York
THIS THIRD OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Agreement”), dated as of February 7, 2019, is by and among Staffing 360 Solutions, Inc. (the “Company”), Faro Recruitment America, Inc. (“Faro”), Monroe Staffing Services, LLC (“Monroe”), Staffing 360 Georgia, LLC, a Georgia limited liability company (“S360 Georgia”), Lighthouse Placement Services, Inc. (“Lighthouse”), Key Resources, Inc., a North Carolina corporation (“Key Resources”; together with each of Faro, Monroe, S360 Georgia and Lighthouse referred to herein collectively as the “Subsidiary Guarantors”; the Subsidiary Guarantors and the Company are referred to herein collectively as the “Obligors”), and Jackson Investment Group, LLC (the “Purchaser”).
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (Loan from East Boston Savings Bank)And Reaffirmation Agreement • April 23rd, 2020 • Procaccianti Hotel Reit, Inc. • Real estate investment trusts
This Omnibus Amendment and Reaffirmation Agreement (“Agreement”) is made as of the 23rd day of April, 2020, between and among Gano Holdings, LLC, a Rhode Island limited liability company (“Borrower”), Procaccianti Hotel REIT, Inc. (“GPHREIT”), a Maryland corporation, and East Boston Savings Bank (“Bank”).
AMENDMENT NO. 1 AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • December 30th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT NO. 1 AND REAFFIRMATION AGREEMENT (this “Amendment”) dated as of December 22, 2008 to CREDIT AGREEMENT (as amended, modified or supplemented prior to the date hereof, the “Credit Agreement”), dated as of March 7, 2008, between Anthracite Capital, Inc., as Borrower, and BlackRock Holdco 2, Inc., as Lender. All capitalized terms used but not defined herein shall have the same meanings herein as in the Credit Agreement. The parties hereto hereby agree as follows:
SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • November 16th, 2018 • Staffing 360 Solutions, Inc. • Services-help supply services • New York
THIS SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Agreement”), dated as of November 15, 2018, is by and among Staffing 360 Solutions, Inc. (the “Company”), Faro Recruitment America, Inc. (“Faro”), Monroe Staffing Services, LLC (“Monroe”), Staffing 360 Georgia, LLC, a Georgia limited liability company (“S360 Georgia”), Lighthouse Placement Services, Inc. (“Lighthouse”), Key Resources, Inc., a North Carolina corporation (“Key Resources”; together with each of Faro, Monroe, S360 Georgia and Lighthouse referred to herein collectively as the “Subsidiary Guarantors”; the Subsidiary Guarantors and the Company are referred to herein collectively as the “Obligors”), and Jackson Investment Group, LLC (the “Purchaser”).
FIRST AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • July 10th, 2007 • Polypore International, Inc. • Miscellaneous chemical products • New York
FIRST AMENDMENT AND REAFFIRMATION AGREEMENT, dated as of July 3, 2007 (the “Agreement”), among PP HOLDING CORPORATION, a Delaware corporation (“Holdings”), POLYPORE, INC., a Delaware corporation (the “Borrower”) and their undersigned Subsidiaries (the “Subsidiary Guarantors” and together with Holdings and Polypore, the “Reaffirming Parties”) and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”) under the Amended and Restated Credit Agreement referred to below.
AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • May 12th, 2023 • Akerna Corp. • Services-computer processing & data preparation
This AMENDMENT AND REAFFIRMATION AGREEMENT is entered into as of March 29, 2023 (this “Amendment”), by and among Gryphon Opco I LLC, a Delaware LLC (“Borrower”), Gryphon Digital Mining, Inc. a Delaware corporation (the “Guarantor”), and Anchorage Lending CA, LLC, a California limited liability company (together with its successors and assigns, “Lender”).
AMENDMENT NO. 2 AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • October 28th, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
This Amendment memorializes the Agreement between the Borrower and Lender on May 15, 2009 relating to the matters set forth in this Amendment.
TENTH AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • March 31st, 2022 • Gse Systems Inc • Services-prepackaged software • Delaware
THIS TENTH AMENDMENT AND REAFFIRMATION AGREEMENT is dated as of November 12, 2021 (this "Agreement"), by and among GSE SYSTEMS, INC., a Delaware corporation ("Parent"), GSE PERFORMANCE SOLUTIONS, INC., a Delaware corporation ("GSE Performance" and collectively with Parent, the "Borrowers" and each a "Borrower"), GSE TRUE NORTH CONSULTING, LLC, a Delaware limited liability company ("True North"), HYPERSPRING, LLC, a Delaware limited liability company ("Hyperspring"), ABSOLUTE CONSULTING, INC., a Delaware corporation ("Absolute" and together with True North and Hyperspring collectively, the "Original Guarantors" and each an "Original Guarantor"), DP ENGINEERING, LLC, formerly DP Engineering Ltd. Co., a Delaware limited liability company ("DP Engineering" and together with the Original Guarantors collectively, the "Guarantors" and each a "Guarantor" and together with the Borrowers collectively, the "Loan Parties" and each a "Loan Party"), and CITIZENS BANK, NATIONAL ASSOCIATION (the "Bank
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • April 25th, 2022 • KKR Real Estate Finance Trust Inc. • Real estate investment trusts • New York
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT, dated as of March 31, 2022 (this “Amendment and Reaffirmation”), by KREF LENDING IX LLC, a Delaware limited liability company (“Seller”), KKR REAL ESTATE FINANCE HOLDINGS L.P., a Delaware limited partnership (“Guarantor”), KREF HOLDINGS IX LLC, a Delaware limited liability company (“Pledgor”), KREF CAPITAL LLC, a Delaware limited liability company (“Originator”), and MUFG BANK, LTD. (“Buyer”), as the assignee of all of the rights and obligations of MUFG UNION BANK, N.A. (“Original Buyer”) under the Program Documents pursuant to the Assignment and Assumption Agreement (as defined below).
THIRD OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTAnd Reaffirmation Agreement • October 23rd, 2023 • KKR Real Estate Finance Trust Inc. • Real estate investment trusts • New York
THIRD OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT, dated as of September 26, 2023 (this “Amendment and Reaffirmation”), by and among KREF LENDING IX LLC, a Delaware limited liability company (“Seller”), KKR REAL ESTATE FINANCE HOLDINGS L.P., a Delaware limited partnership (“Guarantor”), KREF HOLDINGS IX LLC, a Delaware limited liability company (“Pledgor”), and MUFG BANK, LTD. (“Buyer”), as the assignee of all of the rights and obligations of MUFG UNION BANK, N.A. under the Program Documents.
