Forbearance and Settlement Agreement Sample Contracts

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • September 19th, 2011 • Redpoint Bio CORP • Services-commercial physical & biological research • New Jersey

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”) is made this 13th day of September, 2011 (the “Execution Date”), by and between BMR-7 GRAPHICS DRIVE LLC (together with its predecessors, successors, assigns, parent companies, subsidiaries, affiliates, members, employees and representatives, “Landlord”) and REDPOINT BIO CORPORATION, formerly known as Linguagen Corporation (together with its successors, assigns, affiliates, shareholders, directors, officers, employees and representatives, “Tenant”). Landlord and Tenant are sometimes referred to herein as a “Party” or, together, as the “Parties.”

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FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • October 19th, 2022 • Hightimes Holding Corp. • Periodicals: publishing or publishing & printing

This Forbearance and Settlement Agreement (this “Agreement”) is entered into as of October 3, 2022 (the “Effective Date”), by and among Hightimes Holding Corp., a Delaware corporation (“Parent”), Trans-High Corporation, a New York corporation, High Times Productions, Inc., a New York corporation, Cannabis Business Digital, LLC, a New York limited liability company, High Times, Inc., a New York corporation, New Morning Productions, Inc., a New York corporation, Hemp Times, Inc., a New York corporation, Planet Hemp, Inc., a New York corporation, The Hemp Company of America, Inc., a New York corporation, High Times Cannex Corp., a New York corporation, High Times Press, Inc., a New York corporation, Culture Pub, Inc., a Delaware corporation, Wilshire & Veteran Media Corp., a Delaware corporation, Chalice Holdings, Inc., a Delaware corporation, HT Retail Licensing LLC, a Delaware limited liability company, Harvest of Merced, LLC, a California limited liability company, Harvest of Riverside

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment • New York

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated as of December 28, 2021 (the “Effective Date”), is made by and among FREIGHTCAR AMERICA LEASING 1, LLC, a Delaware limited liability company (the “Borrower”), FREIGHTCAR AMERICA LEASING, LLC, a Delaware limited liability company (the “Guarantor”), FREIGHTCAR AMERICA, INC., a Delaware corporation (“FCA”), FREIGHTCAR AMERICA RAILCAR MANAGEMENT, LLC, a Delaware limited liability company (“FCA Management”) and MANUFACTURERS AND TRADERS TRUST COMPANY (a/k/a M&T BANK), a New York banking corporation (the “Lender”).

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • July 26th, 2022 • Jupiter Wellness, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”) dated effective as of July 25, 2022, by and among, Next Frontier Holdings, Inc. (“Next Frontier”), Benuvia Manufacturing Inc., Benuvia Manufacturing, LLC, Benuvia Therapeutics LLC, Benuvia Therapeutics IP LLC, Benuvia, Inc., f/k/a Next Frontier Pharmaceuticals, Inc. (the “Company”), Enotria, Inc., f/k/a Next Frontier Brands US, Inc., Treehouse Biosciences, Inc., Next Frontier UK Ltd, and Biotanica Ltd (collectively, the “Debtors”), and Jupiter Wellness, Inc. (the “Lender”).

SECOND AMENDMENT TO FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • November 13th, 2024 • Cyber App Solutions Corp. • Industrial inorganic chemicals

This Second Amendment to Forbearance and Settlement Agreement (this “Amendment”) dated effective as of November 6, 2024 (this “Effective Date”), is entered into by and between Cyber App Solutions, Corp., a Nevada corporation (the “Company”), Kips Bay Select LP, a Delaware limited partnership (“Kips Bay” and a “Holder”), and Cyber One, Ltd, a Cayman Islands limited company (“Cyber One”, a “Holder”, and together with Kips Bay, the “Holders”). The Company and the Holders are together referred to herein as the “Parties,” or each of them individually as a “Party”. Capitalized terms in this Agreement shall have the meanings given to them in the Forbearance Agreement (as defined below), unless otherwise defined herein.

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • May 10th, 2017 • Ascent Solar Technologies, Inc. • Semiconductors & related devices • New York

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated as of May 5, 2017, is made by RDW Capital LLC, holder of certain secured convertible notes of various dates of issuance (the “Notes”) (the “Holder”) issued by Ascent Solar Technologies, Inc. (the “Company”).

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • September 20th, 2024 • Cyber App Solutions Corp. • Industrial inorganic chemicals • Nevada

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated and effective as of September 16, 2024, is entered into by and between Cyber App Solutions, Corp., a Nevada corporation (the “Company”), Kips Bay Select LP, a Delaware limited partnership (“Kips Bay” and a “Holder”), and Cyber One, Ltd, a Cayman Islands limited company (“Cyber One”, a “Holder”, and together with Kips Bay, the “Holders”). The Company and the Holders are together referred to herein as the “Parties,” or each of them individually as a “Party”. Capitalized terms in this Agreement shall have the meanings given to them in the Purchase Agreement (as defined below), unless otherwise defined herein.

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • November 8th, 2010 • Kohlberg Capital CORP • New York

This FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated as of September 20, 2010, is entered into by and among Kohlberg Capital Funding LLC I (“Kohlberg Funding” or the “Borrower”), as Borrower, Kohlberg Capital Corporation (“Kohlberg” or the “Servicer” and, together with Kohlberg Funding, the “Borrower Parties”), as Servicer, BMO Capital Markets Corp. (the “Agent”), as Agent, and Bank of Montreal (“BMO”), Fairway Finance Company LLC (“Fairway”), Deutsche Bank AG, New York Branch (“DB”), and Riverside Funding LLC (“Riverside”, and together with BMO, Fairway, and DB, the “Lenders”), as Lenders. Each Borrower Party, the Agent, and each Lender is sometimes referred to herein individually as a “Party” and collectively, as the “Parties.”

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • January 19th, 2007 • Xinhua China LTD • Wholesale-miscellaneous nondurable goods

THIS FORBEARANCE AND SETTLEMENT AGREEMENT (the “Agreement”) is made and entered into effective as of December 29, 2006, between XINHUA CHINA LTD., a Nevada corporation (the “Company”), CORNELL CAPITAL PARTNERS, L.P. (“Cornell”), and HIGHGATE HOUSE FUNDS, LTD. (“Highgate”). Cornell and Highgate are collectively referred to herein as the “Buyers.” All terms not otherwise defined herein shall have the meaning ascribed to them in the Securities Purchase Agreement (as defined below).

FORBEARANCE AND SETTLEMENT AGREEMENT
Forbearance and Settlement Agreement • February 2nd, 2011 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York

This Forbearance and Settlement Agreement (hereinafter “Settlement Agreement”) is made and entered into as of February 1, 2011, among Evergreen Energy Inc. (“Evergreen”), BIMCO, Inc. (f/k/a Buckeye Industrial Mining Co.) (“Buckeye”), the holders of 8% Convertible Secured Notes Due 2012 issued by Evergreen identified in Exhibit A (the “Settling ’07 Noteholders”), Centurion Credit Funding LLC (“Centurion”) and Level 3 Capital Fund LP (“Level 3”). Evergreen and Buckeye are sometimes referred to herein collectively as the “Company.” Centurion and Level 3 are sometimes referred to herein as the “’09 Noteholders.” Evergreen, Buckeye, the Settling ’07 Noteholders, Centurion and Level 3 are sometimes referred to herein collectively as the “Parties.”

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