ContractExchange and Consent Agreement • May 5th, 2020 • New York
EX-10.40 7 exhibit10-40exchangeandcon.htm EXHIBIT10.40EXCHANGEANDCONSENTAGRMTMONARCH EXECUTION VERSION EXHIBIT 10.40 EXCHANGE AND CONSENT AGREEMENT This EXCHANGE AND CONSENT AGREEMENT (this “Agreement”) is dated December 20, 2012, by and between U.S. Concrete, Inc., a Delaware corporation (the “Company”), and each of the persons listed on Schedule I attached hereto as beneficial owners of the Notes referred to below (together with their respective successors, transferees and assigns, each a “Noteholder” and, collectively, the “Noteholders”). WHEREAS, the Company desires to exchange (the “Exchange”) those certain 9.5% Convertible Secured Notes due 2015 (the “Notes”) issued pursuant to the Indenture, by and among the Company, the guarantors party thereto, and U.S. Bank National Association, as Trustee and Noteholder Collateral Agent (the “Trustee”), dated as of August 31, 2010 (the “Indenture”) for 9.5% Senior Secured Notes due 2015 (the “Exchange Notes”) on substantially the same terms
FORM OF EXCHANGE AND CONSENT AGREEMENTExchange and Consent Agreement • December 24th, 2012 • Us Concrete Inc • Concrete products, except block & brick • New York
This EXCHANGE AND CONSENT AGREEMENT (this “Agreement”) is dated December 20, 2012, by and between U.S. Concrete, Inc., a Delaware corporation (the “Company”), and each of the persons listed on Schedule I attached hereto as beneficial owners of the Notes referred to below (together with their respective successors, transferees and assigns, each a “Noteholder” and, collectively, the “Noteholders”).
CENTERLINE HOLDING COMPANYExchange and Consent Agreement • February 20th, 2013 • Centerline Holding Co • Real estate
Reference is made to that certain Exchange and Consent Agreement (the “Agreement”) entered into as of February 26, 2010 by and among Centerline Holding Company (the “Company”), Wells Fargo Bank, N.A. (the “Holder”) and Paul, Hastings, Janofsky & Walker LLP, as escrow agent. All capitalized terms not defined in this letter shall have the meanings ascribed to them in the Agreement (including schedules and exhibits).
FORM OF EXCHANGE AND CONSENT AGREEMENTExchange and Consent Agreement • November 14th, 2016 • Tetralogic Pharmaceuticals Corp • Pharmaceutical preparations • New York
WHEREAS, the Company has agreed to sell substantially all of its assets relating to the birinapant and SHP-141 (remetinostat) lead molecules to Medivir AB, a company organized under the laws of Sweden (such transaction, the “Asset Purchase”), pursuant to the terms and conditions of that certain asset purchase agreement by and among the Company, its wholly-owned subsidiary TetraLogic Research and Development Corporation and Medivir AB, dated as of November 1, 2016 (the “APA”);
CENTERLINE HOLDING COMPANYExchange and Consent Agreement • February 20th, 2013 • Centerline Holding Co • Real estate
Reference is made to that certain Exchange and Consent Agreement (the “Agreement”) entered into as of February 26, 2010 by and among Centerline Holding Company (the “Company”), Wells Fargo Community Development Corporation (the “Holder”) and Paul, Hastings, Janofsky & Walker LLP, as escrow agent. All capitalized terms not defined in this letter shall have the meanings ascribed to them in the Agreement (including schedules and exhibits).
