Forbearance Agreement and Amendment to Credit Agreement Sample Contracts

SECOND FORBEARANCE AGREEMENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • October 29th, 2020 • Gulfport Energy Corp • Crude petroleum & natural gas

This SECOND FORBEARANCE AGREEMENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of October 26, 2020, by and among Gulfport Energy Corporation, a Delaware corporation, as borrower (the “Borrower”), the other Loan Parties party hereto, the Lenders party hereto, each Swap Lender party hereto, each Cash Management Party party hereto and The Bank of Nova Scotia, individually as a Lender (“Scotiabank”), as administrative agent for the Lenders (in such capacity, “Agent”) and as L/C Issuer.

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FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 7 TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • October 5th, 2021 • Twin Disc Inc • General industrial machinery & equipment

This FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 7 TO CREDIT AGREEMENT (“Agreement”) is dated as of September 30, 2021 (the “Execution Date”), and is entered into by and between Twin Disc, Incorporated, a Wisconsin corporation (“Borrower”), and BMO Harris Bank N.A., a national banking association (“Bank”).

Contract
Forbearance Agreement and Amendment to Credit Agreement • May 5th, 2020 • New York

EX-10.1 2 exh10-1.htm EXHIBIT 10-1 Exhibit 10-1 THIRD AMENDMENT TO FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT This Third Amendment to Forbearance Agreement and Amendment to Credit Agreement (the “Third Amendment”), dated as of March 17, 2009, is among SEMGROUP ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors (as defined in the Credit Agreement referenced below) party hereto (collectively, the “Guarantors”) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), L/C Issuer and Swing Line Lender under the Credit Agreement referenced below and the Lenders (as defined below) signatory hereto. R E C I T A L S: A. The Borrower, the Administrative Agent and certain lenders that are parties thereto (the “Lenders”) entered into that certain Amended and Restated Credit Agreement dated as of February 20, 2008 (as amended, modified, supplemented and waived from time to time, the “Credit Agreement”). B. The Borrow

FORBEARANCE AGREEMENT AND AMENDMENT NO. 6 TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • January 29th, 2021 • Twin Disc Inc • General industrial machinery & equipment

This FORBEARANCE AGREEMENT AND AMENDMENT NO. 6 TO CREDIT AGREEMENT (“Agreement”) is dated as of January 27, 2021 (the “Execution Date”), and is entered into by and between Twin Disc, Incorporated, a Wisconsin corporation (“Borrower”), and BMO Harris Bank N.A., a national banking association (“Bank”).

FORBEARANCE AGREEMENT AND AMENDMENT NO. 1 TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • June 12th, 2008 • Aurora Oil & Gas CORP • Crude petroleum & natural gas
FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • June 25th, 2020 • Hi-Crush Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York

This FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT, dated as of June 22, 2020 (this “Agreement”), is made by and among HI-CRUSH INC. (the “Borrower”), the Lenders and Issuing Lenders party hereto (the “Forbearing Lenders”), the Guarantors party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and as an Issuing Lender. Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Credit Agreement referred to below. Unless otherwise indicated, all section references in this Agreement refer to the applicable section of the Credit Agreement.

SECOND FORBEARANCE AGREEMENT AND AMENDMENT NO. 9 TO AMENDED AND RESTATED CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • March 21st, 2003 • National Equipment Services Inc • Services-equipment rental & leasing, nec • New York

THIS SECOND FORBEARANCE AGREEMENT AND AMENDMENT NO. 9 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of March 14, 2003 by and among NATIONAL EQUIPMENT SERVICES, INC., a Delaware corporation (the “Borrower”), each of the parties identified as a Subsidiary Guarantor on the signature pages hereto (the “Subsidiary Guarantors”), each of the financial institutions identified as a Lender on the signature pages hereto (the “Lenders”), and WACHOVIA BANK, NATIONAL ASSOCIATION (formerly First Union National Bank), as agent for the Lenders (the “Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement (hereinafter defined).

FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • November 12th, 2020 • Hydrofarm Holdings Group, Inc. • Wholesale-miscellaneous nondurable goods • New York

This FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT, dated as of May 18, 2018 (this “Agreement”), is made and entered into by and among Hydrofarm Holdings LLC, a Delaware limited liability company (“Holdings”), Hydrofarm, LLC, a California limited liability company (“Hydrofarm”), WJCO LLC, a Colorado limited liability company (“WJCO”), EHH Holdings, LLC (“EHH”), a Delaware limited liability company, and SunBlaster, LLC, a Delaware limited liability company (“SunBlaster”, and together with Hydrofarm, WJCO and EHH, collectively, the “Borrowers”), Hydrofarm Canada, LLC, a Delaware limited liability company, as a Guarantor, the lenders party to the Credit Agreement referred to below (collectively, the “Lenders” and each individually a “Lender”) that are signatories hereto, and Brightwood Loan Services LLC, in its capacity as Administrative Agent for the Lenders. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in the Credi

AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 4 TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • January 14th, 2008 • American Dental Partners Inc • Services-misc health & allied services, nec • Ohio

THIS AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 4 TO CREDIT AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is made as of January 11, 2008, and entered into by and among AMERICAN DENTAL PARTNERS, INC., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors (as defined in the Credit Agreement referred to below), the lending institutions party to the Credit Agreement, as hereinafter defined (the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as a Lender and as administrative agent for the Lenders (the “Administrative Agent”).

FIRST AMENDMENT TO FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • December 12th, 2008 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas) • New York

This First Amendment to Forbearance Agreement and Amendment to Credit Agreement (the “First Amendment”), dated as of December 11, 2008, is among SEMGROUP ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors (as defined in the Credit Agreement referred to below) party hereto (collectively, the “Guarantors”) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), L/C Issuer and Swing Line Lender under the Credit Agreement referred to below and the Lenders signatory hereto.

THIRD AMENDMENT TO FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • March 19th, 2009 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas) • New York

This Third Amendment to Forbearance Agreement and Amendment to Credit Agreement (the “Third Amendment”), dated as of March 17, 2009, is among SEMGROUP ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors (as defined in the Credit Agreement referenced below) party hereto (collectively, the “Guarantors”) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), L/C Issuer and Swing Line Lender under the Credit Agreement referenced below and the Lenders (as defined below) signatory hereto.

SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • December 19th, 2008 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas) • New York

This Second Amendment to Forbearance Agreement and Amendment to Credit Agreement (the “Second Amendment”), dated as of December 18, 2008, is among SEMGROUP ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors (as defined in the Credit Agreement referred to below) party hereto (collectively, the “Guarantors”) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), L/C Issuer and Swing Line Lender under the Credit Agreement referred to below and the Lenders signatory hereto.

SECOND FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • August 15th, 2016 • Bioanalytical Systems Inc • Services-commercial physical & biological research • Ohio

This Second Forbearance Agreement and Third Amendment to Credit Agreement (this “Agreement”) is entered into as of the 1st day of July, 2016, by and between BIOANALYTICAL SYSTEMS, INC., an Indiana corporation (the “Company”) and THE HUNTINGTON NATIONAL BANK, a national banking association (the “Bank”).

AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • November 5th, 2010 • CastleRock Security Holdings, Inc. • New York

This Amended and Restated Forbearance Agreement and Amendment to Credit Agreement (this “Agreement”) is dated as of February 16th, 2008 by and among FCC, LLC and Siemens First Capital Commercial Finance, LLC (collectively, “Lender”), and Alarm Funding, LLC (‘‘Borrower’’). This Agreement is made in reference to that certain Forbearance Agreement dated as of November 27, 2007 as it has been or may be amended (“Original Forbearance Agreement”) relating to certain defaults that existed under that certain Credit Agreement dated as of May 25, 2007, between Lender and Borrower as amended by the Amendment to Credit Agreement and Credit Documents dated as of August 17, 2007 as it has been or may hereafter be amended (“Credit Agreement”), and various related instruments, documents and agreements.

FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • May 28th, 2020 • Endologix Inc /De/ • Surgical & medical instruments & apparatus

This FORBEARANCE AGREEMENT (this “Agreement”), dated as of May 26, 2020, to that certain Credit Agreement, dated as of August 9, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Endologix, Inc., as borrower (“Borrower”), the Lenders party thereto from time to time (collectively, the “Lenders”), and Deerfield ELGX Revolver, LLC, as agent for itself and the Lenders (in such capacity, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement.

SECOND FORBEARANCE AGREEMENT; AND SECOND AMENDMENT TO THE CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • July 28th, 2009 • Station Casinos Inc • Services-miscellaneous amusement & recreation • New York

This SECOND FORBEARANCE AGREEMENT; AND SECOND AMENDMENT TO THE CREDIT AGREEMENT (this “Second Forbearance Agreement”) is entered into as of July 28, 2009, by and among Station Casinos, Inc. (the “Borrower”), certain subsidiaries of the Borrower party hereto (the “Guarantors” and, together with the Borrower, the “Loan Parties”), FCP Holdings, Inc. (“FCP Holding”), Fertitta Partners LLC (“Fertitta Partners”), FCP Voteco, LLC (“FCP Voteco” and, together with FCP Holding and Fertitta Partners, the “Holding Companies”, with the Holding Companies and the Loan Parties collectively referred to as the “Credit Parties”), the Lenders (as defined below) party hereto, and Deutsche Bank Trust Company Americas, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders and the other Secured Parties described in the Credit Agreement referred to below. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Cre

FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • September 22nd, 2008 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas) • New York

This Forbearance Agreement and Amendment (the “Agreement”), dated as of September 12, 2008, is among SEMGROUP ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors (as defined in the Credit Agreement referred to below) party hereto (collectively, the “Guarantors”) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), L/C Issuer and Swing Line Lender under the Credit Agreement referred to below and the Lenders signatory hereto.

SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 8 TO CREDIT AGREEMENT
Forbearance Agreement and Amendment to Credit Agreement • March 4th, 2022 • Twin Disc Inc • General industrial machinery & equipment

This SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT NO. 8 TO CREDIT AGREEMENT (“Agreement”) is dated as of February 28, 2022 (the “Execution Date”), and is entered into by and between Twin Disc, Incorporated, a Wisconsin corporation (“Borrower”), and BMO Harris Bank N.A., a national banking association (“Bank”).

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