EXHIBIT 4.20 CONSENT AND AMENDMENT AGREEMENT THIS CONSENT AND AMENDMENT AGREEMENT dated as of February ____, 2006 (this "Consent"), by and among EMS TECHNOLOGIES CANADA, LTD., a Canadian corporation (the "Borrower"), EMS TECHNOLOGIES, INC., a Georgia...Consent and Amendment Agreement • April 3rd, 2006 • Ems Technologies Inc • Radio & tv broadcasting & communications equipment • Ontario
EX-10.25 32 d623076dex1025.htm EX-10.25 EXECUTION VERSION CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • May 5th, 2020 • New York
This Consent and Amendment Agreement (this “Agreement”), dated as of October 9, 2012, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, “Agent”).
EX-10.5 6 dex105.htm CONSENT & AMENDEMENT AGREEMENT & AMEND. NO. 2 TO CONTRIBUTION DEFERRAL AGREEMENT Execution Version CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • May 5th, 2020 • New York
This Consent and Amendment Agreement under the Contribution Deferral Agreement (the “Consent”) dated as of September 22, 2009 (the “Consent Date”), by and among (i) YRC INC., a Delaware corporation (“YRC”), USF HOLLAND, INC., a Michigan corporation (“Holland”), NEW PENN MOTOR EXPRESS INC., a Pennsylvania corporation (“New Penn”), USF REDDAWAY INC., an Oregon corporation (“Reddaway”) (each of YRC, Holland, New Penn and Reddaway a “Primary Obligor”, and collectively, the “Primary Obligors”); (ii) each of the Guarantors a party hereto; (iii) Wilmington Trust Company, as agent (together with its successors and assigns, in such capacity, the “Agent”); and (iv) each of the Funds party hereto. The Primary Obligors, the Funds and the Agent are herein individually referred to as a “Party” and together referred to as the “Parties.”
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 27th, 2014 • Syndax Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Consent and Amendment Agreement (this “Agreement”), dated as of March 8, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, “Agent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • June 10th, 2008 • Universal Energy Corp. • Crude petroleum & natural gas
This Consent and Amendment Agreement (the “Agreement”), dated as of May ____, 2008, is by and among Universal Energy Corp., a Delaware corporation (the “Company”) and the investors signatory hereto (each, a “Buyer” and collectively, the “Buyers”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 27th, 2014 • Syndax Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Consent and Amendment Agreement (this “Agreement”), dated as of February 20, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, “Agent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • May 5th, 2020 • Delaware
This CONSENT AND AMENDMENT AGREEMENT (this “Consent”), dated as of July 19, 2018, is entered into by and among AEON GLOBAL HEALTH CORP., a Delaware corporation (the “Company”) and each of the holders of the Senior Notes (as such term is defined below) set forth on the signature pages hereto.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 27th, 2014 • Syndax Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Consent and Amendment Agreement (this “Agreement”), dated as of June 28, 2012, by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, “Agent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • January 20th, 2012 • La Jolla Pharmaceutical Co • Biological products, (no disgnostic substances) • California
This CONSENT AND AMENDMENT AGREEMENT (this “Agreement”), entered into as of the 19th day of January, 2012 (the “Effective Date”), is made by and among La Jolla Pharmaceutical Company, a Delaware corporation (the “Company”), and the undersigned parties (each a “Holder” and collectively the “Holders”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • February 3rd, 2023 • ABP Acquisition LLC • Services-skilled nursing care facilities • Maryland
THIS CONSENT AND AMENDMENT AGREEMENT, dated as of February 2, 2023 (as amended, supplemented or restated from time to time, this “Agreement”), by and among Diversified Healthcare Trust, a Maryland real estate investment trust (“DHC”), DHC Holdings LLC, a Maryland limited liability company, ABP Trust, a Maryland statutory trust, ABP Acquisition LLC, a Maryland limited liability company and a wholly owned subsidiary of ABP Trust (“Parent”), ABP Acquisition 2 LLC, a Maryland limited liability company and a wholly owned subsidiary of Parent (“Purchaser”), Adam D. Portnoy and, for purposes of ARTICLE V only, and otherwise acknowledged by, AlerisLife Inc., a Maryland corporation (“ALR”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 27th, 2014 • Syndax Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Consent and Amendment Agreement (this “Agreement”), dated as of December 20, 2011, by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, “Agent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • September 9th, 2009 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
This Consent and Amendment Agreement (this “Agreement”), 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”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase Agreement.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • December 18th, 2024 • SmartKem, Inc. • Semiconductors & related devices
This Consent and Amendment Agreement (this “Agreement”) is dated as of December 17, 2024, among SmartKem, Inc., a Delaware corporation (the “Company”), and the Purchasers identified on the signature pages hereto (including their respective successors and assigns, the “Consenting Holders”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • December 29th, 2008 • Earth Biofuels Inc • Industrial organic chemicals • New York
This Consent and Amendment Agreement (this "Consent") is dated as of December __, 2008, by and between Earth Biofuels, Inc., a Delaware corporation, with its corporate headquarters located at 3001 Knox Street, Suite 403, Dallas, Texas 75205 (the "Company") and ___________________ (the "Investor").
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • July 22nd, 2008 • Xm Satellite Radio Holdings Inc • Communications services, nec • New York
CONSENT AND AMENDMENT AGREEMENT (this “Consent”), dated as of July 10, 2008, by and among XM Satellite Radio Holdings Inc. (the “Issuer”) and the undersigned institutions, severally, but not jointly and severally (each such institution, a “Holder” and collectively, all such institutions, the “Holders”). For purposes hereof, all references in this Consent to Holders shall mean, as of any date of determination, those Holders or parties, as the case may be, that on or before such date of determination executed and delivered a counterpart signature page to this Consent substantially in the form attached as Exhibit A hereto, together with any transferee of Bonds (as hereinafter defined) beneficially owned by such Holders that have executed and delivered a joinder signature page to this Consent.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 28th, 2018 • Aeon Global Health Corp. • Services-medical laboratories • Delaware
This CONSENT AND AMENDMENT AGREEMENT (this “Amendment”), dated as of March 27, 2018, is entered into by and among AEON GLOBAL HEALTH CORP. (formerly, Authentidate Holding Corp.), a Delaware corporation (the “Company”) and each of the holders of the Prior Senior Notes (as such term is defined below) listed on the signature pages hereto.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • July 5th, 2018 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
This CONSENT AND AMENDMENT AGREEMENT (this “Agreement”), dated as of June 29, 2018, is among CATCHMARK TIMBER OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), CATCHMARK TIMBER TRUST, INC., a Maryland corporation (“CatchMark Timber”), TIMBERLANDS II, LLC, a Delaware limited liability company (“Timberlands II”), CATCHMARK TIMBER TRS, INC., a Delaware corporation (“CatchMark TRS”), and each of the other Loan Parties party hereto, the various financial institutions party hereto (collectively, the “Lenders”), and COBANK, ACB, as the Administrative Agent (the “Administrative Agent”) under the Credit Agreement (as defined below). All capitalized terms used herein and not otherwise defined shall have the meanings provided in the Credit Agreement.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • July 8th, 2009 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
This Consent and Amendment Agreement (this “Agreement”) shall be effective as of the Effective Date (as defined below), 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”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the April 2009 Consent Agreement.
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • July 27th, 2006 • Cyberonics Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of July 27, 2006 (this “Consent”) by and among CYBERONICS, INC. (the “Borrower”), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the “Administrative Agent”) and the Lenders now or from time to time party to the Credit Agreement referenced below (the “Lenders”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • February 16th, 2023 • TravelCenters of America Inc. /MD/ • Retail-auto dealers & gasoline stations • Maryland
THIS CONSENT AND AMENDMENT AGREEMENT (this “Agreement”) is entered into as of February 15, 2023, by and among the parties identified herein as the SVC Parties, the parties identified herein as the TCA Parties and BP Products North America Inc. (“Parent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • November 6th, 2006 • Cyberonics Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of October 31, 2006 (this “Consent”) by and among CYBERONICS, INC. (the “Borrower”), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the “Administrative Agent”) and the Lenders now or from time to time party to the Credit Agreement referenced below (the “Lenders”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • March 16th, 2004 • Commerce One Inc / De/ • Services-computer integrated systems design
This Consent and Amendment Agreement, dated March 14, 2004, is made by BayStar Capital II, L.P. (“BayStar”) in its capacity as the sole holder of all of the outstanding shares of Series B Preferred Stock, par value $0.0001 per share (the “Series B Shares”), of Commerce One, Inc. (the “Company”), and by and between BayStar and the Company in their capacities as parties to the Securities Purchase Agreement, dated July 10, 2003 (the “Securities Purchase Agreement”), the Registration Rights Agreement, dated July 10, 2003 (the “Registration Rights Agreement”) and related warrants (the “Warrants”)(collectively, the “Financing Agreements”).
CONSENT AND AMENDMENT AGREEMENT DRAFT: 09/25/01Consent and Amendment Agreement • January 22nd, 2021
This CONSENT AND AMENDMENT AGREEMENT (this “Amendment”) is entered into by and among Enron North America Corp. (“ENA”) and Texaco Energy Marketing, L.P. (“TEM”), Texaco Natural Gas Inc. (“TNGI”) and Texaco Inc. (“Texaco”) (TEM, TNGI and Texaco, collectively “Counterparty”) effective as of August ____, 2001 (the “Effective Date”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • November 12th, 2014 • PishPosh, Inc.
This Consent and Amendment Agreement is made as of the 30th day of September, 2014 (“Agreement”), among PishPosh, Inc., a Nevada corporation (the “Company”), and a Majority in Interest of the Purchasers hereto who are “Purchasers” under certain Securities Purchase Agreements with the Company dated July 2, 2014 (“Securities Purchase Agreements”), Registration Rights Agreements (“Registration Rights Agreement”) and other documents for the sale by the Company of Preferred Stock (“Preferred Stock”) and Warrants (“Warrants”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • November 22nd, 2022 • ObsEva SA • Pharmaceutical preparations • New York
This Consent and Amendment Agreement (this “Consent”), dated as of November 21, 2022, is entered into between ObsEva SA, a Swiss stock corporation (the “Company”), and JGB (Cayman) Port Ellen Ltd., (the “Holder”) (each a “Party” and together, the “Parties”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • January 26th, 2010 • Novelos Therapeutics, Inc. • Pharmaceutical preparations • New York
CONSENT AGREEMENT (this “Agreement”), dated as of January 21, 2010, by and among Novelos Therapeutics, Inc. (the “Company”) and the holders set forth on the signature pages affixed hereto (each such holder, a “Consenting Holder” and, collectively, the “Consenting Holders”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • August 28th, 2001 • Power Measurement Inc • British Columbia
Consent and Amendment Agreement dated as of January 1, 2001 made by Power Measurement Ltd., a corporation formed by amalgamation of GFI-PML Investors Corp. ("GFI-PML") and Power Measurement Ltd. (as it was prior to amalgamation, "PML") and Canadian Imperial Bank of Commerce, as agent (the "Agent") and as lender together with certain other lenders from time to time becoming signatories to the Credit Agreement (as hereinafter defined) (the "Lenders").
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • October 30th, 2019 • U.S. Silica Holdings, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This CONSENT AND AMENDMENT AGREEMENT (this “Agreement”) is made as of August 23, 2019, among U.S. SILICA COMPANY, a Delaware corporation (“Company”), each Lender listed on the signature pages hereto and BNP PARIBAS, as administrative agent (in such capacity, “Administrative Agent”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • June 17th, 2016 • Atomera Inc • Semiconductors & related devices • New York
This CONSENT AND AMENDMENT AGREEMENT (this “Agreement”), dated as of April 1, 2016, is by and among Atomera Incorporated (f/k/a Mears Technologies, Inc.), a Delaware corporation (the “Company”), and the other Persons party hereto. Capitalized terms used, but not defined, herein shall have the same meaning ascribed to such terms in the 2015 Convertible Notes (as defined below).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • January 7th, 2013 • Tengion Inc • Biological products, (no disgnostic substances) • New York
This Consent and Amendment Agreement (this "Agreement") is entered into this 31st day of December, 2012, by and among Tengion, Inc., a Delaware corporation (the "Company") and each party identified on the signature pages hereto (each an "Investor" and collectively, the "Investors").
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • February 2nd, 2021 • Movano Inc. • Electromedical & electrotherapeutic apparatus • New York
This CONSENT AND AMENDMENT AGREEMENT (this “Agreement”), dated as of [ ], 2019, is by and among Movano Inc. (f/k/a Maestro Sensors Inc.), a Delaware corporation (the “Company”), and the other Persons party hereto. Capitalized terms used, but not defined, herein shall have the same meaning ascribed to such terms in the Series A Purchase Agreement (as defined below).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • January 29th, 2021
This CONSENT AND AMENDMENT AGREEMENT (this “Amendment”) is entered into by and among Enron North America Corp. (“ENA”), Enron Power Marketing, Inc. (“EPMI”) and Cargill, Incorporated, acting through its division Cargill Energy (“Cargill Energy”) and Cargill-Alliant, LLC (“Cargill-Alliant”, and together with Cargill Energy, “Counterparty”) effective as of _____, 2001 (the “Effective Date”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • January 5th, 2007 • Cyberonics Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of December 29, 2006 (this “Consent”) by and among CYBERONICS, INC. (the “Borrower”), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the “Administrative Agent”) and the Lenders now or from time to time party to the Credit Agreement referenced below (the “Lenders”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
Consent and Amendment AgreementConsent and Amendment Agreement • June 16th, 2010 • Motricity Inc • Services-business services, nec
THIS CONSENT AND AMENDMENT AGREEMENT (this “Consent”) is dated as of June 7, 2010 and is by and between SILICON VALLEY BANK (“Bank”) and MOTRICITY, INC. a Delaware corporation (“Borrower”).
CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • February 21st, 2023 • Service Properties Trust • Real estate investment trusts • Maryland
THIS THIRD AMENDED AND RESTATED LEASE AGREEMENT NO. 1 is dated as of , 202_ (the “Effective Date”), by and among HPT TA PROPERTIES TRUST, a Maryland real estate investment trust, and HPT TA PROPERTIES LLC, a Maryland limited liability company (collectively, “Landlord”), and TA OPERATING LLC, a Delaware limited liability company (“Tenant”).
