BACKGROUNDForbearance Agreement • October 7th, 2010 • Zanett Inc • Services-business services, nec
EXHIBIT 10.1 FORBEARANCE AGREEMENT THIS FORBEARANCE AGREEMENT, dated as of June 5, 2009 (this "FORBEARANCE"), is made by and among JACOBS FINANCIAL GROUP, INC., a Delaware corporation (the "COMPANY") and the holders of the Promissory Notes (as such...Forbearance Agreement • June 17th, 2009 • Jacobs Financial Group, Inc. • Surety insurance
AMENDMENT NO. 1 TO SPRINT/SHENANDOAH FORBEARANCE AGREEMENT THIS AMENDMENT NO. 1 (this "Amendment"), dated as of December 16, 2005, to the SPRINT/SHENANDOAH FOREBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 9, 2005, by an among...Forbearance Agreement • December 19th, 2005 • Shenandoah Telecommunications Co/Va/ • Telephone communications (no radiotelephone)
FORBEARANCE AGREEMENTForbearance Agreement • April 16th, 2024 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is entered into as of November 13, 2023 (“Effective Date”) by and among VARIATION BIOTECHNOLOGIES INC., a Canadian federal corporation (“Borrower Representative”), VBI VACCINES INC., a British Columbia corporation (“Parent”, and together with Borrower Representative, and any other Person from time to time party to the Agreement (as defined below) as a borrower, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (together with any other Person from time to time party to the Agreement as a guarantor, collectively, “Guarantors” and each, a “Guarantor”), the lenders party hereto (together with any other lender from time to time under the Agreement, collectively, “Lenders”, and each, a “Lender”) constituting Required Lenders (as defined in the Agreement (as defined below)), and K2 HEALTHVENTURES LLC, as administrative agent for Lenders (in such capacity, togeth
Exhibit 99.4 AMENDMENT TO FORBEARANCE AGREEMENT RELATING TO 1998 EETC AMENDMENT dated as of August 29, 2003 (this "AGREEMENT"), among Atlas Air, Inc., a Delaware corporation ("ATLAS" or the "COMPANY"), and the financial institutions named on the...Forbearance Agreement • September 15th, 2003 • Atlas Air Inc • Air transportation, nonscheduled • New York
SECOND AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • July 2nd, 2020 • California Resources Corp • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of June 30, 2020, by and among CALIFORNIA RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the other Guarantors party hereto (the “Guarantors”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Lenders party hereto (the “Forbearing Lenders”).
Marlin Capital Investments LLCForbearance Agreement • June 9th, 2016 • NaturalNano, Inc. • Plastics products, nec
Reference is made to attached ledger stating the Senior Secured Convertible Note due, from NaturalNano, Inc. and NaturalNano Research, Inc. (jointly and severally, the “Borrower”) to Marlin Capital Investments, LLC (the “Lender”). Capitalized terms used herein and not otherwise defined shall have the respective meanings given in the Notes as of December 31 ,2016 for $215,500 principle and $46,111 in interest.
FOURTH AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • June 4th, 2020 • Jason Industries, Inc. • Miscellaneous manufacturing industries • New York
THIS FOURTH AMENDED AND RESTATED FORBEARANCE agreement, dated as of June 3, 2020 (this “Agreement”), is entered into by and among Jason Incorporated, a Wisconsin corporation (the “Borrower”), the Guarantors identified on the signature pages hereto (collectively, with the Borrower, the “Loan Parties”), and the Lenders appearing on the signature pages hereto (the “Forbearing Lenders”, and with respect to the Forbearing Lenders that have entered into a confidentiality agreement with the Borrower, the “Restricted Forbearing Lenders”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement and not defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).
EX-10.1 2 a13-9492_1ex10d1.htm EX-10.1 CERTAIN INFORMATION INDICATED BY [ * * * ] HAS BEEN DELETED FROM THIS EXHIBIT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-2....Forbearance Agreement • May 5th, 2020 • Minnesota
THIS THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT (the “Agreement”) is made as of this 29th day of March, 2013 (“Effective Date”), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“HLBE”) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (“AgStar”).
Forbearance Agreements Must Be In Writing and Signed By Forbearing PartyForbearance Agreement • December 3rd, 2022
RECITALSForbearance Agreement • September 2nd, 2009 • Ivivi Technologies, Inc. • Electromedical & electrotherapeutic apparatus • New York
Forbearance AgreementForbearance Agreement • August 4th, 2011 • Delta Petroleum Corp/Co • Crude petroleum & natural gas • New York
FORBEARANCE AGREEMENT, dated as of June 28, 2011 (this “Agreement”) among DHS HOLDING COMPANY, a Delaware corporation (“Holdings”), DHS DRILLING COMPANY, a Colorado corporation (the “Borrower”), the other Loan Parties party hereto, and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”) and as the Lender (in such capacity, the “Lender”) under that certain Credit Agreement (as defined below).
EXECUTION VERSION 140388342v2 MGG INVESTMENT GROUP LP One Penn Plaza, 53rd Floor New York, New York 10119 September 8, 2023 Spark Networks, Inc. RiverPark Fourteen, 10808 South River Front Parkway, Suite 398 South Jordan, UT 84095 Attention: Colleen...Forbearance Agreement • September 12th, 2023 • Spark Networks SE • Services-personal services • New York
SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • May 11th, 2010 • Rclc, Inc. • Miscellaneous chemical products • New York
This Sixteenth Amendment to Forbearance Agreement (the “Amendment”) is entered into as of this 5th day of May, 2010 by and among RCLC, Inc. (formerly known as Ronson Corporation), a New Jersey corporation (“Parent”), RCPC Liquidating Corp. (formerly known as Ronson Consumer Products Corporation), a New Jersey corporation (“RCPC”), Ronson Aviation, Inc., a New Jersey corporation (“RAI”) and RCC Inc. (formerly known as Ronson Corporation of Canada Ltd.), an Ontario corporation (“Ronson Canada”) (RCPC and RAI are collectively and individually referred to as the “Domestic Borrower” or “Domestic Borrowers”; the Domestic Borrower and Ronson Canada are collectively and individually referred to as the “Borrower” or “Borrowers”, and the Borrowers, together with Parent are collectively and individually referred to as the “Obligors”) and Wells Fargo Bank, National Association (“Lender”), acting through its Wells Fargo Business Credit operating division.
EXECUTION VERSION FORBEARANCEForbearance Agreement • May 5th, 2020 • New York
FORBEARANCE, dated as of January 16, 2019 (this “Agreement”), by and among Ditech Holding Corporation, a Maryland corporation (the “Issuer”), each of the undersigned entities listed as guarantors (the “Guarantors” and, together with the Issuer, the “Note Parties”), and each of the undersigned beneficial owners and/or investment advisors or managers of discretionary accounts for the holders or beneficial owners of the Notes (as defined below) (collectively, the “Holders”).
THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 8th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of May 7, 2019 (this “Agreement”), is entered into among the undersigned in connection with the AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT, dated as of January 31, 2017 (as amended, supplemented and modified from time to time, the “RPA”) among CLOUD PEAK ENERGY RECEIVABLES LLC, a Delaware limited liability company, as seller (individually and in such capacity, the “Seller”), CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (“Cloud Peak”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers, Related Committed Purchasers, LC Participants and Purchaser Agents from time to time party hereto, and PNC BANK, NATIONAL ASSOCIATION, as Administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, t
FOURTH FORBEARANCE AGREEMENTForbearance Agreement • May 11th, 2009 • Butler International Inc /Md/ • Services-help supply services • New York
THIS FOURTH FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of May 4, 2009, by and among, BUTLER SERVICE GROUP, INC., a New Jersey corporation (“Borrower”), the other Credit Parties signatory hereto, the Lenders signatory hereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), as Lender and as administrative agent for the Lenders (in such capacity, the “Agent”) under the Credit Agreement (as hereinafter defined).
PLATINUM LONG TERM GROWTH IV, LLC NEW YORK, NEW YORK 10019Forbearance Agreement • September 15th, 2009 • NaturalNano , Inc. • Plastics products, nec
Reference is made to the $2,750,000 8% Senior Secured Promissory Note due March 6, 2009, issued on or about March 6, 2007, the $150,000 8% Senior Secured Promissory Note due March 6, 2009, issued on or about August 4, 2008, the $190,000 Senior Secured Promissory Note due January 31, 2010, issued on or about September 29, 2008, the $59,500 Senior Secured Promissory Note due January 31, 2010, issued on or about October 31, 2008 and the $14,941.34 8% Senior Secured Promissory Note, issued on or about February 20, 2009 (together the “Notes") from NaturalNano, Inc. and NaturalNano Research, Inc. (jointly and severally, the "Borrower") to Platinum Long Term Growth IV, LLC (the "Lender"). Capitalized terms used herein and not otherwise defined shall have the respective meanings given in the Notes.
AMENDMENT NO. 5 TO THE FORBEARANCE AGREEMENTForbearance Agreement • December 16th, 2016 • Forbes Energy Services Ltd. • Oil & gas field services, nec
THIS AMENDMENT NO. 5 (this “Amendment”), dated as of December 14, 2016, to the Forbearance Agreement dated July 15, 2016, as amended by Amendment No. 1 to the Forbearance Agreement, dated September 13, 2016, Amendment No. 2 to the Forbearance Agreement, dated October 14, 2016, Amendment No. 3 to the Forbearance Agreement, dated November 15, 2016, and Amendment No. 4 to the Forbearance Agreement, dated November 30, 2016 (the “Forbearance Agreement”), by and among (1) FORBES ENERGY SERVICES LTD, a Texas corporation (the “Issuer”), as issuer of the 9% Senior Notes due 2019 (the “Notes”) issued pursuant to that certain indenture dated as of June 7, 2011 (the “Indenture”) by and among the Issuer, the Guarantors (as defined below) and Wells Fargo Bank, National Association, as trustee (the “Trustee”), (2) the following affiliates of the Issuer: FORBES ENERGY SERVICES LLC, a limited liability company formed under the laws of the State of Delaware (“Energy Services”), TX ENERGY SERVICES, LLC,
AMENDMENT NO. 3 TO FORBEARANCE AGREEMENTForbearance Agreement • May 6th, 2019 • Monitronics International Inc • Services-miscellaneous business services
This Amendment No. 3 to the Forbearance Agreement (this “Third Amendment”) is entered into as of April 30, 2019 by and between Monitronics International, Inc., a Texas corporation (the “Borrower”), each other Loan Party to the Credit Agreement, Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and certain Lenders party hereto (collectively, the “Parties”).
Hospitality Investors Trust Enters Forbearance Agreement for Atlanta HotelForbearance Agreement • October 5th, 2022
Hospitality Investors Trust Inc., a publicly registered non- traded REIT formerly known as American Realty Capital Hospitality Trust, has signed a forbearance agreement with lenders relating to its ground lease for the Georgia Tech Hotel & Conference Center located in Midtown Atlanta.
EX-99.7 9 exh99-7.htm SECOND AMENDMENT TO FORBEARANCE AGREEMENT Second AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020 • California
This Second Amendment To Forbearance Agreement ("Amendment") is entered into on this 20th day of February 2004, at Cupertino, California, by and between the following parties: PACIFIC BUSINESS FUNDING, a division of GREATER BAY BANK N.A. (and formerly a division of Cupertino National Bank), ("PBF"), and SOUTHWALL TECHNOLOGIES INC., a Delaware corporation ("STI").
FIFTH FORBEARANCE AGREEMENTForbearance Agreement • March 22nd, 2016 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • Illinois
This FIFTH FORBEARANCE AGREEMENT (this "Agreement"), dated as of March 18, 2016, is by and between Essex Crane Rental Corp., a Delaware corporation ("Borrower"), Essex Holdings, LLC, a Delaware limited liability company ("Parent", and together with Borrower, collectively, the "Loan Parties"), and Wells Fargo Capital Finance, LLC, in its capacity as agent under the Credit Agreement defined below ("Agent"), and all Lenders under such Credit Agreement.
FORBEARANCE TO LOAN AND SECURITY AGREEMENTForbearance Agreement • October 6th, 2010 • Us Dataworks Inc • Services-prepackaged software • California
This FORBEARANCE to Loan and Security Agreement (this “Forbearance”) is entered into this 30th day of September, 2010 by and between Silicon Valley Bank (“Bank”) and US DATAWORKS, INC., a Nevada corporation (“Borrower”) whose address is One Sugar Creek Center Blvd., 5th Floor, Sugar Land, TX 77478.
FORBEARANCE AGREEMENTForbearance Agreement • March 2nd, 2021 • Puerto Rico
THIS FORBEARANCE AGREEMENT, dated as of August 14, 2014 (this “Agreement”), is entered into by and between PUERTO RICO ELECTRIC POWER AUTHORITY (the “Company”) and GOVERNMENT DEVELOPMENT BANK FOR PUERTO
EX-10.1 2 dakota163236_ex10-1.htm AMENDMENT NO. 3 TO FORBEARANCE AGREEMENT EXECUTION VERSION AMENDMENT NO. 3 TO FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020
THIS AMENDMENT No. 3 TO FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of September 20, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Credit Agreement (defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such ca
FORBEARANCE AGREEMENTForbearance Agreement • April 18th, 2023 • New York
This FORBEARANCE AGREEMENT (this “Agreement”), dated as of September 14, 2018 (the “Effective Date”), is entered into by and among PetroQuest Energy, Inc., a Delaware corporation (the “Issuer”), the Subsidiaries of the Issuer that are parties hereto (the “Guarantors”) and the Holders (as defined below) that are parties hereto (each an “Initial Forbearing Holder” and collectively, the “Initial Forbearing Holders”).
ContractForbearance Agreement • September 25th, 2020 • J.Jill, Inc. • Women's, misses', and juniors outerwear
Reference is hereby made to that certain First Amended and Restated Forbearance Agreement, dated as of July 15, 2020 (as amended by that certain amendment dated July 22, 2020, as amended by that certain amendment dated July 29, 2020, as amended by that certain amendment dated August 5, 2020, as amended by that certain amendment dated August 12, 2020, as amended by that certain amendment dated August 26, 2020, as amended by that certain amendment dated August 31, 2020 and as amended hereby, the “Forbearance Agreement”), by and among Jill Acquisition LLC, a Delaware limited liability company (“Jill Acquisition”), J.Jill Gift Card Solutions, Inc., a Florida corporation (“J.Jill Gift Card Solutions” and together with Jill Acquisition, each a “Borrower” and collectively, the “Borrowers”), J.Jill, Inc., a Delaware corporation (“Parent”), CIT Finance LLC, as administrative agent and collateral agent (in such capacities, the “Agent”) and the Lenders party thereto. Capitalized terms used herein
Exhibit 10.8.2 FORBEARANCE AGREEMENT THIS FORBEARANCE AGREEMENT, dated as of January 24, 2002 (the "AGREEMENT") is between STRATUS SERVICES GROUP, INC. ("STRATUS"), and SOURCE ONE PERSONNEL (together with its successors and assigns, hereinafter...Forbearance Agreement • January 25th, 2002 • Stratus Services Group Inc • Services-help supply services
EX-10.2 5 d540517dex102.htm EX-10.2 EXECUTION VERSION FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020
THIS FORBEARANCE AGREEMENT, dated as of March 27, 2018 (this “Agreement”), is entered into by and between Willbros Group, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties identified on the signature pages hereto, Cortland Capital Market Services LLC, as administrative agent (in such capacity, together with its successors and permitted assigns, the “Administrative Agent”), and the lenders appearing on the signature pages hereto (the “Forbearing Lenders” and collectively with each other lender under the Credit Agreement (as defined below), the “Lenders”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties”.
EXECUTION VERSION FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020 • New York
THIS FORBEARANCE AGREEMENT, dated as of July 6, 2014 (this “Agreement”), is entered into by and between PUERTO RICO ELECTRIC POWER AUTHORITY (the “Company”) and CITIBANK, N.A. (the “Lender”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties.”
THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 7th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York
This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of May 3, 2010 (the “Effective Date”), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, “Fortress”) and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively “Eton Park” and together with Fortress, collectively “Lender”), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower (“Borrower”), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. (“Guarantor” together with Borrower and each SHP Subsidiary, collectively, the “Borrower Parties” and each a “Borrower Party”).
LONGVIEW SPECIAL FINANCE INC. Lindstrassse 6 SwitzerlandForbearance Agreement • April 15th, 2009 • NaturalNano , Inc. • Plastics products, nec
Reference is made to the $500,000 8% Senior Secured Promissory Note due March 6, 2009, issued on or about March 6, 2007, the $20,000 8% Senior Secured Promissory Note due March 6, 2009, issued on or about August 4, 2008, the $30,000 Senior Secured Promissory Note due January 31, 2010, issued on or about September 29, 2008, and the $25,500 Senior Secured Promissory Note due January 31, 2010, issued on or about October 31, 2008 (together the “Notes”) from NaturalNano, Inc. and NaturalNano Research, Inc. (jointly and severally, the “Borrower”) to Longview Special Finance Inc. (the “Lender”). Capitalized terms used herein and not otherwise defined shall have the respective meanings given in the Notes.
ContractForbearance Agreement • August 27th, 2020 • J.Jill, Inc. • Women's, misses', and juniors outerwear
Reference is hereby made to that certain First Amended and Restated Forbearance Agreement, dated as of July 15, 2020 (as amended, the “Forbearance Agreement”), by and among Jill Acquisition LLC, a Delaware limited liability company (“Borrower”), J.Jill, Inc., a Delaware corporation (as successor to Jill Holdings LLC, a Delaware limited liability company, “Holdings”), the other Guarantors party thereto, Jefferies Finance LLC, as Administrative Agent (the “Administrative Agent”), and the Lenders party thereto (each a “Forbearing Lender” and, together, the “Forbearing Lenders”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Forbearance Agreement.
FORBEARANCE AGREEMENTForbearance Agreement • October 1st, 2019 • New York
This Forbearance Agreement (as amended or modified from time to time, the “Agreement”) is dated as of August 14, 2014 and is entered into by and among Puerto Rico Electric Power Authority (“PREPA”) and CITIBANK, N.A. (the “Lender” or “Forbearing Creditor”). All parties hereto will be referred to herein collectively as the “Parties.”
