FORBEARANCE AGREEMENT AND AMENDMENT TO SECURITIES PURCHASE AGREEMENT AND OTHER NOTE DOCUMENTSForbearance Agreement and Amendment to Securities Purchase Agreement • June 24th, 2010 • Film Department Holdings, Inc. • Services-motion picture & video tape production • New York
Contract Type FiledJune 24th, 2010 Company Industry JurisdictionThis Forbearance Agreement and Amendment to Securities Purchase Agreement and other Note Documents (this “Agreement”) is entered into as of September 2, 2009, by and among THE FILM DEPARTMENT, LLC, a Delaware limited liability company (the “Company”), THE FILM DEPARTMENT HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), the other Company Parties (as defined below and set forth on the signature pages to this Agreement party hereto and UNION BANK, in its capacity as collateral agent for the Holders (in such capacity, together with its successors and assigns, the “Collateral Agent”), and the Holders set forth on the signature pages to this Agreement (each a “Holder” and collectively, the “Holders”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Securities Purchase Agreement referred to below.