RECITALSForbearance and Amendment Agreement • March 31st, 2003 • General Chemical Industrial Products Inc • Chemicals & allied products • New York
AMENDED AND RESTATED FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • March 31st, 2003 • Diversified Corporate Resources Inc • Services-employment agencies • Texas
This Amended and Restated Forbearance and Amendment Agreement (the "Agreement") is entered into by and between Diversified Corporate Resources, Inc., a Texas corporation (the "Company"), and Paul J. Cornely (the "Shareholder").
NINTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 17th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS NINTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of December 14, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FIRST AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • November 9th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
This FIRST AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of September 30, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANC E AND AMENDMENT AGREEMEN TForbearance and Amendment Agreement • September 17th, 2014 • New York
This Forbearance and Amendment Agreement (as amended or modified from time to time, the "Agreement") is dated as of August 14, and is entered into by and among Puerto Rico Electric Power Authority PUERTO RICO (the "Agent") and the LENDERS signatory hereto (each, a "Lender" and, together with the Agent, the "Forbearing Creditors"). Al l parties hereto wil l be referred to herein collectively as the "Parties."
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • April 4th, 2007 • Devcon International Corp • Concrete, gypsum & plaster products • New York
This FORBEARANCE AND AMENDMENT AGREEMENT (this “Agreement”), dated as of March 30, 2007 (the “Effective Time”) is entered into between Devcon International Corp. (the “Company”) and CS Equity II LLC (the “Investor”).
AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • April 17th, 2007 • Devcon International Corp • Concrete, gypsum & plaster products • New York
THIS AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (this “Amendment”) is made as of this 13th day of April, 2007, by and among Devcon International Corp., a Florida corporation (the “Company”), and CS Equity II LLC (the “Investor”).
SECOND FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • October 23rd, 2019 • iFresh Inc • Retail-grocery stores
This Second Forbearance and Amendment Agreement (this “Agreement”), dated as of October 15, 2019 (the “Effective Date”), is entered into by and among NYM Holding, Inc., a Delaware corporation (the “Borrower”), iFresh, Inc., a Delaware corporation (“iFresh”), New York Mart 8 Ave., Inc., a New York corporation (“NYM8”), New York Mart East Broadway Inc., a New York corporation (“NYM E. Broadway”), New York Supermarket East Broadway Inc., a New York corporation (“NYS E. Broadway”), New York Mart Group Inc., a New York corporation (“NYMG”), Ming’s Supermarket, Inc., a Massachusetts corporation (“Ming’s”), New York Mart Mott St., Inc., a New York corporation (“Mott”), New York Mart Roosevelt, Inc., a New York corporation (“Roosevelt”), New York Mart Sunrise, Inc., a Florida corporation (“Sunrise”), Zen Mkt Quincy, Inc., a Massachusetts corporation (“Zen”), Strong America Limited, a New York corporation (“Strong America”), iFresh E. Colonial Inc., a Florida corporation (“E Colonial”), iFresh
EX-10.1 2 f8k0516ex10i_intercloud.htm FORBEARANCE AND AMENDMENT AGREEMENT, DATED AS OF MAY 17, 2016, BY AND BETWEEN INTERCLOUD SYSTEMS, INC. AND THE HOLDER PARTY THERETO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • May 5th, 2020 • New York
This Waiver and Amendment Agreement (this "Agreement"), dated as of May 17, 2016, is made by and between JGB (Cayman) Waltham Ltd. (the "Holder") and InterCloud Systems, Inc., a Delaware corporation (the "Company").
TENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 29th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS TENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of December 21, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FIRST AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 8th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (this “Amendment”) is made as of December 4, 2009, by and among TMR DRILLING CORPORATION, a Texas corporation (the “Borrower”), THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (“Meridian”), THE MERIDIAN RESOURCE & EXPLORATION LLC, a Delaware limited liability company (“TMR Exploration,” and collectively with the Borrower and Meridian, the “CIT Credit Parties”) and THE CIT GROUP/EQUIPMENT FINANCING, INC. (“CIT”), in its capacity as Administrative Agent and Lender under the CIT Credit Agreement (as defined below).
ELEVENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 29th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS ELEVENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of December 22, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • June 11th, 2009 • Imperial Industries Inc • Abrasive, asbestos & misc nonmetallic mineral prods • Florida
THIS FORBEARANCE AND AMENDMENT AGREEMENT is made and entered into on June 9, 2009, by and among PREMIX-MARBLETITE MANUFACTURING CO. ("Premix"), DFH, INC., formerly known as Acrocrete, Inc. and Acro Holdings, Inc. ("DFH"), and JUST-RITE SUPPLY, INC. ("Just-Rite"), each a Florida corporation (each a "Borrower" and collectively, "Borrowers"); IMPERIAL INDUSTRIES, INC., a Delaware corporation ("Guarantor"); and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association and successor to Congress Financial Corporation (Florida) under the Loan Agreement (defined below) ("Lender").
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • February 9th, 2018 • Alliqua BioMedical, Inc. • Surgical & medical instruments & apparatus • New York
This FORBEARANCE AND AMENDMENT AGREEMENT, dated as of February 5, 2018 (this “Agreement”), is made by and among ALLIQUA BIOMEDICAL, INC., a Delaware corporation (the “Borrower”), AQUAMED TECHNOLOGIES, INC., a Delaware corporation (the “Guarantor”; the Borrower and the Guarantor are each also referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”) and PERCEPTIVE CREDIT HOLDINGS, LP, a Delaware limited partnership (the “Lender”). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
SEVENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 8th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS SEVENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of December 2, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • January 30th, 2017 • Alliqua BioMedical, Inc. • Surgical & medical instruments & apparatus • New York
This FORBEARANCE AND AMENDMENT AGREEMENT, dated as of January 26, 2017 (this “Agreement”), is made by and among ALLIQUA BIOMEDICAL, INC., a Delaware Corporation (the “Borrower”), AQUAMED TECHNOLOGIES, INC., a Delaware corporation (the “Guarantor”; the Borrower and the Guarantor are each also referred to herein individually as an “Obligor” and collectively as the “Obligors”) and PERCEPTIVE CREDIT HOLDINGS, L.P., a Delaware limited partnership (the “Lender”). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
EXHIBIT 4.29Forbearance and Amendment Agreement • July 16th, 2001 • Parlux Fragrances Inc • Perfumes, cosmetics & other toilet preparations • New York
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • March 3rd, 2005 • XLR Medical Corp. • Gold and silver ores • British Columbia
WHEREAS the Borrower is indebted to the Lender in the principal amount of $580,000 (U.S.), together with interest (the “Indebtedness”) pursuant to the terms of the Loan Agreement dated March 8, 2004 (the “Loan Agreement”);
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • February 26th, 2010 • P&f Industries Inc • Metalworkg machinery & equipment • New York
FORBEARANCE AND AMENDMENT AGREEMENT dated as of February 22, 2010 (“Forbearance Agreement”) by and among WM Coffman LLC, a limited liability corporation formed under the laws of the State of Delaware (the “Borrower”), the financial institutions set forth on the signature pages hereto (each a “Lender” and collectively, “Lenders”) and PNC Bank, National Association (“PNC”), as agent for Lenders (in such capacity, the “Agent”).
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • June 1st, 2023 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers)
This FORBEARANCE AND AMENDMENT AGREEMENT, dated as of May 30, 2023 (this “Forbearance and Amendment”), is entered into among DIEBOLD NIXDORF, INCORPORATED, an Ohio corporation (the “Company”), each other Loan Party party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”), and GLAS AMERICAS LLC, as collateral agent (the “Collateral Agent”) and amends that certain Credit Agreement, dated as of December 29, 2022, by and among the Company, the Lenders from time to time party thereto, the Administrative Agent and the Collateral Agent (as amended, restated, amended and restated, modified or supplemented from time to time prior to the date hereof, the “Existing Credit Agreement”, and as further amended and modified by this Forbearance and Amendment, the “Credit Agreement”).
TWELFTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • April 20th, 2010 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS TWELFTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of April 15, 2010, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • September 10th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS FORBEARANCE AND AMENDMENT AGREEMENT (the “Agreement”) is made as of September 3, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • March 4th, 2020 • Reebonz Holding LTD • Retail-catalog & mail-order houses • New York
This Forbearance and Amendment Agreement (“Agreement”) is made and entered into this 4th day of March, 2020, by and between, ALTO OPPORTUNITY MASTER FUND, SPC – SEGREGATED MASTER PORTFOLIO B (the “Investor”) and Reebonz Holdings Limited, a company organized under the laws of the Cayman Islands, with offices located at 5 Tampines North Drive 5, #07-00, Singapore 528548 (the “Company”) (collectively, the “Parties”).
THIRTEENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • May 24th, 2010 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS THIRTEENTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of May 7, 2010, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • April 11th, 2011 • Tasty Baking Co • Bakery products • Pennsylvania
THIS FORBEARANCE AND AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of this 14th day of January, 2011 between TASTY BAKING COMPANY (the “Borrower”), the direct and indirect subsidiaries of the Company parties to the Credit Agreement (as referred to herein) (each a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors”) and PIDC LOCAL DEVELOPMENT CORPORATION (the “Lender”).
FORBEARANCE AND AMENDMENT AGREEMENT THIS FORBEARANCE AND AMENDMENT AGREEMENT (this "Agreement"), dated as of September 7, 2006 among Electronic Sensor Technology, Inc., a Nevada corporation (the "Company"), Midsummer Investment, Ltd. ("Midsummer") and...Forbearance and Amendment Agreement • September 8th, 2006 • Electronic Sensor Technology, Inc • Electronic components, nec
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • May 18th, 2007 • Earth Biofuels Inc • Industrial organic chemicals • New York
This Forbearance and Amendment Agreement (this “Agreement”), dated as of May ___, 2007 (the “Effective Date”), is entered into by and between EARTH BIOFUELS, INC., a Delaware corporation (the “Company”), and each of the entities whose names appear on Annex I hereto (each, an “Investor” and, collectively, the “Investors”).
AMENDMENT AND CONSENT AGREEMENTForbearance and Amendment Agreement • September 6th, 2001 • Hungry Minds Inc /De/ • Books: publishing or publishing & printing
AMENDMENT AND CONSENT AGREEMENT, dated as of August 29, 2001, to the FORBEARANCE AND AMENDMENT AGREEMENT, dated as of April 30, 2001 (as amended from time to time, the "Forbearance Agreement"), by and among (a) HUNGRY MINDS, INC. (formerly known as "IDG Books Worldwide, Inc."), a Delaware corporation (hereinafter, together with its successors in title and assigns, the "Borrower"), (b) the several financial institutions party to the Forbearance Agreement as Lenders thereunder, (c) FLEET NATIONAL BANK (formerly known as "BankBoston, N.A."), as Issuing Lender under the Credit Agreement, (d) WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent for the Lenders and the Agents, (e) BANK ONE, N.A. (formerly known as "The First National Bank of Chicago"), as Documentation Agent for the Lenders and the Agents, and (f) FLEET NATIONAL BANK, as Administrative Agent for the Lenders, the Issuing Lender and the Agents under the Credit Agreement. Reference is also made to the Credit Agreement,
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • March 2nd, 2009 • Generex Biotechnology Corp • Pharmaceutical preparations • Ontario
This Forbearance and Amendment Agreement (the “Agreement”) is made this ___ day of February 2009 by and between Generex Biotechnology Corporation (the “Company”) and the holder listed on the signature page hereto (the “Holder”).
as of April 11, 2005 UNIVERSAL AUTOMOTIVE, INC. UNIVERSAL AUTOMOTIVE OF VIRGINIA, INC. UNIVERSAL BRAKE PARTS, INC. THE AUTOMOTIVE COMMODITY CONNECTION, INC. c/o Universal Automotive Industries, Inc. 11859 South Central Avenue Alsip, Illinois 60803 Re:...Forbearance and Amendment Agreement • April 21st, 2005 • Universal Automotive Industries Inc /De/ • Wholesale-motor vehicle supplies & new parts • Illinois
October 1, 2009 Presstek, Inc.Forbearance and Amendment Agreement • October 2nd, 2009 • Presstek Inc /De/ • Printing trades machinery & equipment • New Hampshire
FOURTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • November 19th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas • Texas
THIS FOURTH AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (the “Amendment”) is made as of November 13, 2009, by and among THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (the “Borrower”), the undersigned Guarantors (the “Guarantors”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement (as defined below) (collectively, the “Lenders”), and FORTIS CAPITAL CORP. (“Fortis” or the “Administrative Agent”), as administrative agent for the Lenders.
SECOND AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • December 17th, 2009 • Meridian Resource Corp • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO FORBEARANCE AND AMENDMENT AGREEMENT (this “Second Amendment”) is made as of December 14, 2009, by and among TMR DRILLING CORPORATION, a Texas corporation (the “Borrower”), THE MERIDIAN RESOURCE CORPORATION, a Texas corporation (“Meridian”), THE MERIDIAN RESOURCE & EXPLORATION LLC, a Delaware limited liability company (“TMR Exploration,” and collectively with the Borrower and Meridian, the “CIT Credit Parties”) and THE CIT GROUP/EQUIPMENT FINANCING, INC. (“CIT”), in its capacity as Administrative Agent and Lender under the CIT Credit Agreement (as defined below).
SECOND FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • July 18th, 2023 • 9 Meters Biopharma, Inc. • Pharmaceutical preparations
THIS SECOND FORBEARANCE AND AMENDMENT AGREEMENT (this “Agreement”), effective as of June 29, 2023, is by and among HIGH TRAIL SPECIAL SITUATIONS LLC, a Delaware limited liability company (in its capacity as holder, secured party or collateral agent, as applicable, “Purchaser”), 9 Meters Biopharma, Inc., a Delaware corporation (“Issuer”), and NAIA RARE DISEASES, LLC, a Delaware limited liability company (“Guarantor” and, together with Issuer, the “Note Parties”).
FORBEARANCE AND AMENDMENT AGREEMENTForbearance and Amendment Agreement • May 23rd, 2016 • Intercloud Systems, Inc. • Services-business services, nec • New York
This Waiver and Amendment Agreement (this "Agreement"), dated as of May 17, 2016, is made by and between JGB (Cayman) Concord Ltd. (the "Holder"), InterCloud Systems, Inc., a Delaware corporation (the "Company"), and VaultLogix, LLC, a Delaware limited liability company (“VaultLogix” and together with the Company, the Borrowers).
