Forbearance and Modification Agreement Sample Contracts

January 24, 2003
Forbearance and Modification Agreement • May 15th, 2003 • Microfinancial Inc • Miscellaneous business credit institution
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EIGHTH AMENDMENT TO AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • February 7th, 2006 • World Health Alternatives Inc • Services-help supply services

This Eighth Amendment to Amended and Restated Forbearance and Modification Agreement (this “Amendment”) is made as of February 3, 2006 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liabil

EX-10.1 2 dex101.htm FORBEARANCE AND MODIFICATION AGREEMENT FOURTH AMENDMENT TO AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • May 5th, 2020

This Fourth Amendment to Amended and Restated Forbearance and Modification Agreement (this “Amendment”) is made as of December 9, 2005 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liabil

EX-10.1 2 dex101.htm AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • May 5th, 2020

This Amended and Restated Forbearance and Modification Agreement (“Agreement”) is made as of September 15, 2005 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liability company (“Lender”).

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • May 5th, 2020 • Maryland

This FORBEARANCE AND MODIFICATION AGREEMENT (this "Agreement") is entered into this the 7th day of November, 2001, between and among Arguss Communications Inc., formerly known as Arguss Holdings, Inc. (the "Borrower"), certain guarantors of the Borrower identified on the signature pages hereto (the "Guarantors"), the Lenders (as defined below) and Bank of America, N.A., formerly NationsBank, N.A., as administrative agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein but not otherwise defined shall have the meanings given to such terms in the Credit Agreement (as defined below).

FOURTH FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • August 18th, 2014 • Techprecision Corp • Fabricated structural metal products

This Fourth Forbearance and Modification Agreement (this “Agreement") is made as of August 12, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the “Borrower”), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor”) and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

SECOND FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • August 16th, 2004 • Wilson Brothers Usa Inc • Glass products, made of purchased glass

THIS SECOND FORBEARANCE AND MODIFICATION AGREEMENT (herein called this “Agreement”) is made as of May 1, 2004 (the “Effective Date”), by and among Numo Manufacturing, Inc. (“Borrower”), Wilson Brothers USA, Inc. (“Guarantor”), and Comerica Bank, a Michigan banking corporation and successor by merger to Comerica Bank—Texas (“Bank”).

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • June 4th, 2014 • Techprecision Corp • Fabricated structural metal products

This Forbearance and Modification Agreement (this “Agreement") is made as of May 30, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the “Borrower”), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor”) and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

FOREBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • July 30th, 2008 • Invisa Inc • Industrial instruments for measurement, display, and control • Florida

This Forbearance and Modification Agreement (this "Agreement") by and between Invisa, Inc., a Nevada corporation, having a business at 290 Cocoanut Avenue, Sarasota Florida 34236 (the “Borrower”), and Centurian Investors, Inc., a Delaware corporation, having an address at 290 Cocoanut Avenue, Suite 1A, Sarasota, Florida 34236 (the “Lender”) is entered into as if this 1st day of June, 2008 and shall be effective as of the date hereof (the “Effective Date”).

FIRST AMENDMENT TO AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • November 8th, 2005 • World Health Alternatives Inc • Services-help supply services

This First Amendment to Amended and Restated Forbearance and Modification Agreement (this “Amendment”) is made as of November 2, 2005 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liabili

SECOND AMENDMENT TO AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • November 14th, 2005 • World Health Alternatives Inc • Services-help supply services

This Second Amendment to Amended and Restated Forbearance and Modification Agreement (this “Amendment”) is made as of November 4, 2005 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liabil

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • June 27th, 2014 • Body Central Corp • Retail-apparel & accessory stores • New York

THIS FORBEARANCE AND MODIFICATION AGREEMENT (this “Agreement”), is dated as of June 23, 2014 by and among (i) Body Central Stores, Inc. (the “Lead Borrower”), (ii) the other Borrowers party hereto (together with the Lead Borrower, the “Borrowers”), (iii) the Guarantors party hereto (the “Guarantors” and together with the Borrowers, the “Loan Parties”), (iv) the lenders party hereto (the “Lenders”), and (v) Crystal Financial LLC, in its capacities as administrative agent and collateral agent (in such capacities, the “Agent”) under the Credit Agreement (as defined below).

RECITALS:
Forbearance and Modification Agreement • March 19th, 2002 • U S Plastic Lumber Corp • Hazardous waste management
November 8, 2006 Thomas Equipment, Inc. Milwaukee, Wisconsin 53202 Re: Forbearance and Modification Agreement
Forbearance and Modification Agreement • February 20th, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York

Reference is made to the Securities Purchase Agreement dated as of April 19, 2005 (the “Purchase Agreement”) among Thomas Equipment, Inc., a Delaware corporation (the “Company”), the undersigned (the “Investor”) and certain other parties, the Company’s Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock (the “Certificate of Designation”), and the common stock purchase warrants issued to the Investor in connection with the Purchase Agreement (the “Warrant”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.

AMENDMENT TO FORBEARANCE AND MODIFICATION AGREEMENT AND WAIVER
Forbearance and Modification Agreement • December 31st, 2001 • Arguss Communications Inc • Water, sewer, pipeline, comm & power line construction • Maryland

This AMENDMENT TO FORBEARANCE AND MODIFICATION AGREEMENT AND WAIVER (this "Agreement") is entered into as of the 26th day of December, 2001, among Arguss Communications Inc., formerly known as Arguss Holdings, Inc. (the "Borrower"), certain guarantors of the Borrower identified on the signature pages hereto (the "Guarantors"), the Lenders (as defined below) and Bank of America, N.A., formerly NationsBank, N.A., as administrative agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein but not otherwise defined shall have the meanings set forth, or incorporated, in the Forbearance Agreement (as defined below).

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • January 23rd, 2014 • Techprecision Corp • Fabricated structural metal products

This Forbearance and Modification Agreement (this “Agreement") is made as of January 16, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the “Borrower”), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor”) and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

FOREBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • August 1st, 2007 • Invisa Inc • Industrial instruments for measurement, display, and control • Florida

This Forbearance and Modification Agreement (this "Agreement") by and between Invisa, Inc., a Nevada corporation, having a business at 6935 15th Street, Suite 120, Sarasota, Florida, 34243 (the “Borrower”), and Centurian Investors, Inc., a Delaware corporation, having an address at 290 Cocoanut Avenue, Suite 1A, Sarasota, Florida 34236 (the “Lender”) is entered into as if this 27th day of July, 2007 and shall be effective as of the date herof (the “Effective Date”).

HIGHSCORE CAPITAL LLC
Forbearance and Modification Agreement • August 22nd, 2019 • Attis Industries Inc. • Industrial organic chemicals

Reference is made to the Loan and Security Agreement dated as of May 31, 2019 among Attis Ethanol Fulton, LLC, Attis Biofuels, LLC, Attis Industries, Inc., Jeffrey S. Cosman and Highscore Capital LLC (the “Agreement”). Capitalized terms, not otherwise defined herein, are used herein as defined in the Agreement.

SECOND AMENDMENT TO FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • February 1st, 2002 • Arguss Communications Inc • Water, sewer, pipeline, comm & power line construction • Maryland

This SECOND AMENDMENT TO FORBEARANCE AND MODIFICATION AGREEMENT (this “Agreement”) is entered into as of the 31st day of January, 2002, among Arguss Communications, Inc., formerly known as Arguss Holdings, Inc. (the “Borrower”), certain guarantors of the Borrower identified on the signature pages hereto (the “Guarantors”), the Lenders (as defined below) and Bank of America, N.A., formerly NationsBank, N.A., as administrative agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth, or incorporated, in the Forbearance Agreement (as defined below).

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • July 23rd, 2009 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings • Texas

THIS FORBEARANCE AND MODIFICATION AGREEMENT (this “Agreement”) is made and entered into as of the 17th day of July 2009 (the “Effective Date”), by and among NNN CHASE TOWER, LLC, a Delaware limited liability company, NNN CHASE TOWER MEMBER, LLC, a Delaware limited liability company, NNN OF8 CHASE TOWER, LLC, a Delaware limited liability company, NNN OF8 CHASE TOWER MEMBER, LLC, a Delaware limited liability company, NNN-ERG CHASE TOWER GP I, LLC, a Delaware limited liability company, and ERG CHASE TOWER LIMITED I, LP, a Texas limited partnership (collectively, “Initial Borrower”), NNN VF Chase Tower, LLC, a Delaware limited liability company, and NNN VF Chase Tower Member, LLC, a Delaware limited liability company (collectively, “Additional Borrower”, and together with the Initial Borrower, collectively, the “Borrower”), Grubb & Ellis Realty Investors, LLC (formerly known as Triple Net Properties, LLC), a Virginia limited liability company (“Grubb”), NNN Opportunity Fund VIII, LLC, a De

FORBEARANCE AND FOURTH MODIFICATION AND RELEASE
Forbearance and Modification Agreement • May 15th, 2014 • Rainmaker Systems Inc • Services-management services

THIS FORBEARANCE AND FOURTH MODIFICATION AND RELEASE (“Agreement”) is dated as of this 19th day of March, 2014 (“Effective Date”), by and among RAINMAKER SYSTEMS, INC., a Delaware corporation (“Borrower”), on the one hand, and COMERICA BANK, a Texas banking association (“Lender”), on the other hand, with reference to the following facts:

FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • August 19th, 2024 • Trans American Aquaculture, Inc • Agricultural prod-livestock & animal specialties

This Forbearance and Modification Agreement (this “Agreement”) is made as of May 31, 2024, by and between TRANS AMERICAN AQUACULTURE, LLC ("Borrower") and KINGS AQUA FARM, LLC (“Lender'”).

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FOREBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • November 14th, 2007 • Invisa Inc • Industrial instruments for measurement, display, and control • Florida

This Forbearance and Modification Agreement (this "Agreement") by and between Invisa, Inc., a Nevada corporation, having a business at 6935 15th Street, Suite 120, Sarasota, Florida, 34243 (the “Borrower”), and Centurian Investors, Inc., a Delaware corporation, having an address at 290 Cocoanut Avenue, Suite 1A, Sarasota, Florida 34236 (the “Lender”) is entered into as of this 9th day of November, 2007 and shall be effective as of the date hereof (the “Effective Date”).

Contract
Forbearance and Modification Agreement • February 10th, 2009 • Drinks Americas Holdings, LTD • Beverages • New Jersey

THIS FORBEARANCE AND MODIFICATION AGREEMENT, dated as of January 30, 2009 by and between Sovereign Business Capital, division of Sovereign Bank, a federal savings bank (formerly the Business Alliance Capital Company, division of Sovereign Bank) with a place of business at 214 Carnegie Center, Suite 302, Princeton, New Jersey 08540, ("Bank"), and Drinks Americas, Inc., a Delaware corporation (“DAI”), Drinks Global Imports, LLC, a New York limited liability company (“DGI”), and D.T. Drinks, LLC, a New York limited liability company (“DTD”, and together with DAI and DGI individually and collectively “Borrower”) each with its chief executive office at 372 Danbury Road, Wilton, CT 06897.

SEVENTH AMENDMENT TO AMENDED AND RESTATED FORBEARANCE AND MODIFICATION AGREEMENT
Forbearance and Modification Agreement • January 27th, 2006 • World Health Alternatives Inc • Services-help supply services

This Seventh Amendment to Amended and Restated Forbearance and Modification Agreement (this “Amendment”) is made as of January 20, 2006 by and among World Health Alternatives, Inc., a Florida corporation (“World Health”), Better Solutions, Inc., a Pennsylvania corporation (“BSI”), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (“JC”), MedTech Medical Staffing of New England, Inc., a Delaware corporation (“MedTech Medical”), MedTech Franchising, Inc., a Delaware corporation (“MedTech Franchising”), World Health Staffing, Inc., a California corporation (“World Health California”), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (“World Health Delaware”; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as “Borrower”), and CapitalSource Finance LLC, a Delaware limited liabi

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