CONSENT AND WAIVER Gentlemen: Reference is made to that certain Securities Purchase Agreement dated as of February 22, 2005 among Consolidated Energy, Inc., a Wyoming corporation (the "Company") and the Purchasers (the "Purchasers") named therein, as...Consent and Waiver • September 29th, 2005 • Consolidated Energy Inc • Bituminous coal & lignite mining
CONSENT AND WAIVERConsent and Waiver • December 23rd, 2004 • Chalone Wine Group LTD • Beverages • California
Consent and Waiver (this “Consent and Waiver”), dated as of December 17, 2004, from each of Domaines Barons de Rothschild (Lafite) SCA, a French société en commandite par actions (“DBR”), Constellation Brands, Inc., a Delaware corporation (“Constellation”), Huneeus Vintners LLC, a Delaware limited liability company (“Huneeus”), and Triple Wines, Inc., a California corporation (“Triple Wines”), for the benefit of Diageo North America, Inc., a Connecticut corporation (“DNA”), Double Wines, Inc., a California corporation (“Merger Sub”) and The Chalone Wine Group, Ltd. (“Chalone”).
CONSENT AND WAIVERConsent and Waiver • November 13th, 2024 • Niocorp Developments LTD • Metal mining
THIS CONSENT AND WAIVER (this “Consent and Waiver”), dated as of October 3, 2024 to the Note (as defined below) is between NIOCORP DEVELOPMENTS LTD., a company organized under the laws of the Province of British Columbia, Canada, with principal executive offices located at 7000 South Yosemite Street, Suite 115, Centennial, Colorado 80112 (the “Company”), and YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Holder”). Capitalized terms used herein and not otherwise defined have the meanings set forth for such terms in the Note.
CONSENT AND WAIVERConsent and Waiver • August 17th, 2018 • Lubys Inc • Retail-eating places • Texas
THIS CONSENT AND WAIVER (this “Consent”), is entered into as of August 15, 2018 by and among LUBY’S, INC. (the “Borrower”), each other Credit Party party hereto, the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).
CONSENT AND WAIVERConsent and Waiver • July 2nd, 2004 • Ecost Com Inc • Retail-catalog & mail-order houses • California
THIS CONSENT AND WAIVER (this “Consent”), dated as of June 18th, 2004, is entered into among GE COMMERICAL FINANCE DISTRIBUTION CORPORATION (“Lender”), and PC MALL, INC., a Delaware corporation formerly known as IdeaMall, Inc. (“PC Mall”), PC MALL SALES, INC., a California corporation formerly known as Creative Computers, Inc. (“PC Mall Sales”) ECOST.COM, INC., a Delaware corporation (“ecost”), ELINUX.COM, INC., a Delaware corporation (“eLinux”), CCIT, INC., a Delaware corporation formerly known as Creative Computers Integrated Technologies, Inc. (“CCIT”), WF ACQUISITION SUB, INC., a Delaware corporation (“WF Sub”), COMPUTABILITY LIMITED, a Delaware corporation (“Computability”), AF SERVICES, INC., a Delaware corporation (“AF Services”), PC MALL GOV, INC., a Delaware corporation (“PCMG”), SIFY, INC., a Delaware corporation formerly known as ClubMac, Inc. (“SIFY”), ONSALE, INC., a Delaware corporation (“Onsale”), AV ACQUISITION, INC., a Delaware corporation (“AV Acquisition”), MALL ACQU
CONSENT AND WAIVERConsent and Waiver • August 9th, 2004 • Global Industries LTD • Oil & gas field services, nec • New York
This CONSENT AND WAIVER (this "Agreement"), dated as of August 3, 2004 (the "Agreement Effective Date"), is entered into by Global Industries, Ltd., a Louisiana corporation (the "Company"), and Global Offshore Mexico, S. de R.L. de C.V., a Mexican sociedad de responsabilidad limitada de capital variable (together with the Company, the "Borrowers"); the financial institutions parties hereto which are Lenders party to the Credit Agreement described below; and Calyon New York Branch (formerly known as Credit Lyonnais New York Branch), as administrative agent for the Lenders (in such capacity, the "Administrative Agent").
Consent and Waiver of Holders of Series B Preferred StockConsent and Waiver • November 14th, 2002 • Airnet Communications Corp • Radio & tv broadcasting & communications equipment
This Consent and Waiver dated as of October 31, 2002 is signed by Tandem PCS Investments, L.P., Mellon Ventures, L.P. and SCP Private Equity Partners II, L.P. (collectively, the “Series B Holders”) for the benefit of AirNet Communications Corporation, a Delaware corporation (the “Company”).
CONSENT AND WAIVERConsent and Waiver • February 25th, 2021 • Cure Pharmaceutical Holding Corp. • Pharmaceutical preparations
This CONSENT AND WAIVER (this “Waiver”), dated as of February 25, 2021, is entered into by and between CURE Pharmaceutical Holding Corp., a Delaware corporation with offices located at 1620 Beacon Place, Oxnard, California 93033 (the “Company”), and Ionic Ventures, LLC, a California limited liability company with offices located at 3053 Fillmore Street, Suite 256, San Francisco, CA 94123 (the “Investor”).
CONSENT AND WAIVERConsent and Waiver • July 27th, 2009 • Medialink Worldwide Inc • Communications services, nec
This CONSENT AND WAIVER (“Consent and Waiver”) is made as of this ______ day of July 2009 by and among MEDIALINK WORLDWIDE INCORPORATED, a Delaware Corporation (“Medialink”), The Newsmarket, Inc. a Delaware corporation (“Parent”), and TNM Group Incorporated, a Delaware corporation (“Merger Sub”).
CONSENT AND WAIVERConsent and Waiver • December 20th, 2004 • Huneeus Vintners LLC • Beverages • California
Consent and Waiver (this “Consent and Waiver”), dated as of December 17, 2004, from each of Domaines Barons de Rothschild (Lafite) SCA, a French société en commandite par actions (“DBR”), Constellation Brands, Inc., a Delaware corporation (“Constellation”), Huneeus Vintners LLC, a Delaware limited liability company (“Huneeus”), and Triple Wines, Inc., a California corporation (“Triple Wines”), for the benefit of Diageo North America, Inc., a Connecticut corporation (“DNA”), Double Wines, Inc., a California corporation (“Merger Sub”) and The Chalone Wine Group, Ltd. (“Chalone”).
CONSENT AND WAIVERConsent and Waiver • June 28th, 2016 • Aethlon Medical Inc • Laboratory analytical instruments
This CONSENT AND WAIVER is entered into as of June __, 2016, by and between Aethlon Medical, Inc., a Nevada corporation (the “Company”) and the undersigned investor (the “Investor”), which is one of several investors set forth on the signature pages affixed to that certain Securities Purchase Agreement between the Company and the Investors, dated June 23, 2015, as amended (the “SPA”; all capitalized terms used and not defined herein are used as defined in the SPA).
CONSENT NO. 5 AND WAIVERConsent and Waiver • June 21st, 2007 • Kindred Healthcare, Inc • Services-nursing & personal care facilities • New York
CONSENT NO. 5 AND WAIVER (this “Consent”) dated as of June 19, 2007, pursuant to the $400,000,000 Amended and Restated Credit Agreement dated as of June 28, 2004 (as heretofore amended, the “Credit Agreement”) among KINDRED HEALTHCARE, INC. (the “Borrower”), the LENDERS party thereto, and JPMORGAN CHASE BANK, N.A. (formerly known as JPMorgan Chase Bank), as Administrative Agent and Collateral Agent.
CONSENT AND WAIVERConsent and Waiver • June 1st, 2023 • Dollar General Corp • Retail-variety stores
This Consent and Waiver, effective May 1, 2023, is voluntarily made and entered into by John W. Garratt (“Employee”) as set forth below.
ContractConsent and Waiver • May 8th, 2007 • Deltek, Inc • Services-computer programming services • New York
CONSENT AND WAIVER dated as of April 13, 2006 (this “Consent”), relating to the Credit Agreement dated as of April 22, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among DELTEK SYSTEMS, INC., a Virginia corporation (the “Borrower”), the Lenders party thereto and CREDIT SUISSE (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders.
CONSENT AND WAIVER August 6, 2009Consent and Waiver • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services
CONSENT AND WAIVERConsent and Waiver • May 15th, 2012 • Cornerstone Therapeutics Inc • Pharmaceutical preparations
This CONSENT AND WAIVER is effective as of March 7, 2012 (“Effective Date”), and is made by and between CORNERSTONE THERAPEUTICS INC., a Delaware corporation, with its principal address located at 1255 Crescent Green Drive, Suite 250, Cary, NC 27518 (“CRTX”), and DEY PHARMA, L.P. d/b/a Mylan Specialty (formerly known as Dey, L.P.), a Delaware limited partnership with its principal address located at 110 Allen Road, 4th Floor, Basking Ridge, New Jersey 07920 (“Dey”), and acknowledged and agreed to by Vansen Pharma Inc., a Quebec corporation, with its principal address located at 1600-3500 boul. De Maisonneuve 0., Westmount (Quebec), Canada, H4Z 3C1 (“Buyer”). Each of CRTX and Dey are referred to herein as a “Party”, or together as “Parties”. Capitalized terms used herein and not otherwise defined will have the meanings given to such terms in the Co-Promotion Agreement (as hereinafter defined).
CONSENT AND WAIVERConsent and Waiver • September 23rd, 2024 • Niocorp Developments LTD • Metal mining
THIS CONSENT AND WAIVER (this “Consent and Waiver”), dated as of September 4, 2024 to the Note (as defined below) is between NIOCORP DEVELOPMENTS LTD., a company organized under the laws of the Province of British Columbia, Canada, with principal executive offices located at 7000 South Yosemite Street, Suite 115, Centennial, Colorado 80112 (the “Company”), and LIND GLOBAL FUND II LP, a Delaware limited partnership (the “Holder”). Capitalized terms used herein and not otherwise defined have the meanings set forth for such terms in the Note.
FUELCELL ENERGY, INC. CONSENT AND WAIVERConsent and Waiver • February 21st, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
THIS CONSENT AND WAIVER (this “Consent”) is made as of February 21, 2019 by and between FuelCell Energy, Inc., a Delaware corporation (the “Company”), and the investor named on the signature page attached hereto (the “Waiving Party”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Certificate of Designations, Preferences and Rights of the Series D Convertible Preferred Stock of the Company, dated August 29, 2018 (the “Series D Certificate of Designations”).
CONSENT AND WAIVERConsent and Waiver • December 20th, 2004 • Constellation Brands, Inc. • Beverages • California
Consent and Waiver (this “Consent and Waiver”), dated as of December 17, 2004, from each of Domaines Barons de Rothschild (Lafite) SCA, a French société en commandite par actions (“DBR”), Constellation Brands, Inc., a Delaware corporation (“Constellation”), Huneeus Vintners LLC, a Delaware limited liability company (“Huneeus”), and Triple Wines, Inc., a California corporation (“Triple Wines”), for the benefit of Diageo North America, Inc., a Connecticut corporation (“DNA”), Double Wines, Inc., a California corporation (“Merger Sub”) and The Chalone Wine Group, Ltd. (“Chalone”).
CONSENT AND WAIVERConsent and Waiver • November 17th, 2006 • MEDecision, Inc. • Services-computer programming services
THIS CONSENT AND WAIVER (the “Consent”), dated as of November 14, 2006, is by and between SILICON VALLEY BANK, a California-chartered bank (“Bank”), and MEDECISION, INC., a Pennsylvania corporation, (the “Borrower”).
CONSENT AND WAIVERConsent and Waiver • August 1st, 2008 • Generex Biotechnology Corp • Pharmaceutical preparations
This Consent and Waiver (this “Agreement”), dated as of July ___, 2008, is entered by and between Generex Biotechnology Corporation, a Delaware corporation (the “Company”), and Smithfield Fiduciary LLC (the “Holder”).
CONSENT AND WAIVER CONVERTIBLE PROMISSORY NOTES DUE 2018 OF IMPAC MORTGAGE HOLDINGS, INC.Consent and Waiver • January 28th, 2016 • Impac Mortgage Holdings Inc • Real estate investment trusts
This Consent and Waiver is entered into as of January 25, 2016 by and between Impac Mortgage Holdings, Inc. (the “Company”) and the undersigned Noteholders set forth below. Capitalized terms not otherwise defined herein shall have the respective meanings set forth in the Note Purchase Agreement, dated as of April 29, 2013.
CONSENT AND WAIVERConsent and Waiver • May 15th, 2014 • Twin Disc Inc • General industrial machinery & equipment • Wisconsin
This Consent and Waiver (this “Consent”) is made as of May 12, 2014 and is by and between TWIN DISC, INCORPORATED, a Wisconsin corporation (the “Borrower”), and BMO HARRIS BANK N.A., successor-by-merger to M&I Marshall & Ilsley Bank ("BMO").
CONSENT AND WAIVER TO CONSTAR INTERNATIONAL INC.’S CREDIT AGREEMENTConsent and Waiver • March 31st, 2009 • Constar International Inc • Miscellaneous plastics products • New York
CONSENT AND WAIVER, dated as of March 30, 2009 (this “Consent and Waiver”), by and among Constar International Inc. (the “Borrower”), Citicorp USA, Inc., as agent for the Lenders and Issuers (in such capacity the “Agent”) and as a Lender, the other Lenders party to the Credit Agreement (as defined below) and each of the Guarantors listed on the signature pages hereof.
CONSENT AND WAIVERConsent and Waiver • April 6th, 2017 • Siebert Financial Corp • Security brokers, dealers & flotation companies • New York
This CONSENT AND WAIVER (this “Agreement”) is entered into as of December 16, 2016, by and among Siebert Cisneros Shank Financial, LLC (“SCSF”)(f/k/a Siebert Brandford Shank Financial, LLC), Siebert Cisneros Shank & Co., L.L.C. (“SCS”)(f/k/a Siebert Brandford Shank & Co., L.L.C.), and Siebert Financial Corp., a New York corporation (“SFC”).
CONSENT AND WAIVERConsent and Waiver • November 10th, 2004 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Consent and Waiver dated as of May 1, 2004 (this “Consent”) is among the Persons that have executed this Consent (the “Parties”). Capitalized terms used, but not defined, in this Consent are used as defined in the Lease Agreement, dated as of November 30, 2001 (the “Lease”), between Wells Fargo Bank Northwest, National Association, as Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee, as modified by (i) Waiver and Amendment Agreement No. 1, dated as of June 4, 2002, (ii) Waiver and Amendment Agreement No. 2, dated as of February 14, 2003, (iii) Amendment Agreement No. 3, dated as of June 1, 2003, (iv) Waiver and Amendment Agreement, No. 4, dated as of July 11, 2003, (v) Consent, Waiver, Collateral Release and Amendment Agreement No. 5A, dated as of September 3, 2003, (vi) First Supplement to Consent, Waiver, Collateral Release and Amendment Agreement No. 5A, dated as of September 5, 2003, (vii) Consent, Waiver and Amendment Agreement No. 5B, dated
CONSENT AND WAIVERConsent and Waiver • November 12th, 2008 • MDwerks, Inc. • Services-business services, nec
This CONSENT AND WAIVER (this “Consent and Waiver”) is dated as of November 6, 2008, by and between MDWERKS, INC., a Delaware corporation (the “Company”), and VICIS CAPITAL MASTER FUND (the “Consenting Holder”), a series of the Vicis Capital Master Trust, a trust formed under the laws of the Cayman Islands.
ContractConsent and Waiver • May 8th, 2007 • Newpark Resources Inc • Oil & gas field machinery & equipment • New York
CONSENT AND WAIVER, dated as of April 26, 2007 (this “Consent”), with respect to the Credit Agreement, dated as of August 18, 2006 (the “Credit Agreement”), by and among Newpark Resources, Inc. (the “Borrower”), the other Loan Parties, the Lenders, Wilmington Trust Company, as the Collateral Agent, and JPMorgan Chase Bank, N.A., as the Administrative Agent.
CONSENT AND WAIVERConsent and Waiver • April 19th, 2010 • General Moly, Inc • Metal mining
THIS CONSENT AND WAIVER (this “Consent”) is made and entered into as of the 16th day of April, 2010, by and between General Moly, Inc., a Delaware corporation (the “Company”), and ArcelorMittal S.A. (“ArcelorMittal”).
Consent and WaiverConsent and Waiver • September 21st, 2010 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses
This Consent and Waiver, dated as of September 17, 2010, is entered into by U.S. Bank National Association (“U.S. Bank”), U.S. Bancorp Equipment Finance, Inc. — Technology Finance Group (“USB Equipment Finance”), and Overstock.com, Inc., a Delaware corporation (“Overstock”).
FORM OF CONSENT AND WAIVERConsent and Waiver • November 30th, 2006 • Carrols Restaurant Group, Inc. • Retail-eating places
Reference is hereby made to that certain Loan Agreement (as amended, the “Loan Agreement”) dated as of December 15, 2004 executed by and among CARROLS CORPORATION, a Delaware corporation (the “Borrower”); each of the lenders which is or may from time to time become a party to the Loan Agreement, and JPMORGAN CHASE BANK, N.A., acting as Administrative Agent (“Agent”). Carrols Holdings currently intends to issue and sell, and certain stockholders of Carrols Holdings intend to sell, shares of stock of Carrols Holdings to the public pursuant to the draft Form S-1 Registration Statement (Registration No. 333-137524) provided to the Agent prior to the date hereof. The date of the closing of such transaction is herein called the “IPO Date”.
CONSENT AND WAIVERConsent and Waiver • January 21st, 2009 • Nanogen Inc • Laboratory analytical instruments
Consent and Waiver (this “Consent and Waiver”) dated as of January 16, 2009, by and between Nanogen, Inc., a Delaware corporation (the “Company”), Financière Elitech SAS, a société par actions simplifiée incorporated under the laws of France and registered with the Clerk of the Commercial Court of Nanterre under the number 481 676 062 (“Elitech”), and the shareholders of Elitech, as listed on the signature pages hereto (the “Sellers”).
CONSENT AND WAIVERConsent and Waiver • July 17th, 2018 • Lubys Inc • Retail-eating places • Texas
THIS CONSENT AND WAIVER (this "Consent"), is entered into as of July 12, 2018 by and among LUBY’S, INC. (the "Borrower"), each other Credit Party party hereto, the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the "Administrative Agent").
CONSENT AND WAIVERConsent and Waiver • September 23rd, 2024 • Niocorp Developments LTD • Metal mining
THIS CONSENT AND WAIVER (this “Consent and Waiver”), dated as of September 4, 2024 to the Note (as defined below) is between NIOCORP DEVELOPMENTS LTD., a company organized under the laws of the Province of British Columbia, Canada, with principal executive offices located at 7000 South Yosemite Street, Suite 115, Centennial, Colorado 80112 (the “Company”), and YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Holder”). Capitalized terms used herein and not otherwise defined have the meanings set forth for such terms in the Note.
CONSENT AND WAIVERConsent and Waiver • May 23rd, 2013 • Numbeer, Inc. • Totalizing fluid meters & counting devices
The undersigned are the holders (the “Noteholders”) of more than fifty percent (50%) of the outstanding principal of 8% secured convertible promissory notes in the aggregate original principal amount of $1,750,000 due March 31, 2017 (the “Notes”) and related warrants for the purchase of 3,500,000 shares of common stock of Good Earth (the “Warrants”) issued by Good Earth Energy Conservation, Inc., a Delaware corporation (“Good Earth”), under a Note and Warrant Purchase Agreement dated April 10, 2012, as amended (the “Purchase Agreement”), pursuant to a series of closings on April 10, 2012, April 15, 2012, May 8, 2012 and July 16, 2012. The Notes are secured by a security interest in certain assets of Good Earth granted to Fort Worth EV Investors L.L.C., a Texas limited liability company, as agent for the Noteholders, pursuant to a Security Agreement dated April 10, 2012 (the “Security Agreement”). In connection with the issuance of the Notes and the Warrants, Good Earth and the Notehold
