LIMITED WAIVER AND FOREBEARANCE AGREEMENT TO CREDIT AGREEMENTLimited Waiver and Forbearance Agreement • February 14th, 2000 • Prime Succession Inc • Services-personal services • New York
LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • May 17th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
This Consent Letter may be executed by the Holder(s), the Custodian and DTC/Cede in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and may be delivered to the Company and the Trustee without copies of the applicable signature page executed by the Holder(s).
LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • February 20th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS LIMITED WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of February 17, 2009, by and among Pacific Ethanol Holding Co. LLC (“Holding”), Pacific Ethanol Madera LLC (“Madera”), Pacific Ethanol Columbia, LLC (“Columbia”), Pacific Ethanol Stockton, LLC (“Stockton”) and Pacific Ethanol Magic Valley, LLC (“Magic Valley” and together with Holding, Madera, Columbia and Stockton, the “Borrowers”), WestLB AG, New York Branch, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), WestLB AG New York Branch, as collateral agent for the Senior Secured Parties (in such capacity, the “Collateral Agent” and, collectively with the Administrative Agent, the “Agent”) and Amarillo National Bank, as accounts bank for the Lenders (the “Accounts Bank”), as parties to the Credit Agreement (defined below). Capitalized terms used in this Agreement which are not otherwise defined herein, shall have the meanings given such terms in the Credit Agreement.
AMENDMENT NO. 1 TO LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • July 17th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs
AMENDMENT NO. 1 TO LIMITED WAIVER AND FORBEARANCE AGREEMENT, dated as of July 13, 2007 (this “Amendment”), by and between Bally Total Fitness Holding Corporation, a corporation organized under the laws of Delaware (the “Company”), and the Persons listed on Exhibit A hereto (each, a “Holder” and collectively, the “Holders”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Limited Waiver and Forbearance Agreement (as defined below).
LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • May 17th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
Company’s obligation to (i) file with the SEC such reports as the Company is or may be required to file with the SEC pursuant to Sections 13(a) or 15(d) of the Exchange Act and furnish such reports to the Trustee and holders of the Notes in accordance with Sections 7.4 and 10.17 of the Indenture (the “Reporting Obligations”), (ii) make a scheduled payment of interest on the Senior Subordinated Notes as due on April 16, 2007 in accordance with Section 10.1 of the Senior Subordinated Notes Indenture, which would result in an Event of Default under Section 5.1(e) of the Indenture (the “Interest Payment Default”), (iii) comply with Section 10.12(a)(i) of the Indenture in connection with the Purchase and Sale Agreement, dated October 13, 2006, for the sale of 1901 West 39th Street, Hialeah, Florida and the Escrow Holdback Agreement, dated October 24, 2006, as amended, concerning Escrow Trust #06-0806 (the “Sale and Leaseback Matters”), and (iv) provide notice to the Trustee of a Default or
Limited Waiver and Forbearance Agreement and Consent Letter Relating toLimited Waiver and Forbearance Agreement • May 10th, 2007 • New York
Bally Total Fitness Holding Corporation (the “Company”) is soliciting a consent, upon the terms and subject to the conditions set out in the Limited Waiver and Forbearance Agreement attached hereto and in the accompanying Consent Letter, to amendments to the Indenture, dated as of July 2, 2003 (as amended or supplemented, the “Indenture”), between the Company, the Guarantors party thereto and U.S. Bank National Association, as trustee, pursuant to which the 10 1/2% Senior Notes due 2011 of the Company (the “Notes”) were issued. Each holder of Notes that consents will also be waiving the defaults described in the Limited Waiver and Forbearance Agreement upon the terms and subject to the conditions set out in the Limited Waiver and Forbearance Agreement.
SECOND LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • March 4th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS SECOND LIMITED WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of February 27, 2009, by and among Pacific Ethanol Holding Co. LLC (“Holding”), Pacific Ethanol Madera LLC (“Madera”), Pacific Ethanol Columbia, LLC (“Columbia”), Pacific Ethanol Stockton, LLC (“Stockton”) and Pacific Ethanol Magic Valley, LLC (“Magic Valley” and together with Holding, Madera, Columbia and Stockton, the “Borrowers”), WestLB AG, New York Branch, as administrative agent for the Senior Secured Parties (in such capacity, the “Administrative Agent”), WestLB AG New York Branch, as collateral agent for the Senior Secured Parties (in such capacity, the “Collateral Agent” and, collectively with the Administrative Agent, the “Agent”) and Amarillo National Bank, as accounts bank for the Senior Secured Parties (the “Accounts Bank”), as parties to the Credit Agreement (defined below). Capitalized terms used in this Agreement which are not otherwise defined herein, shall have the meanings give
AMENDMENT NO. 1 TO LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • July 17th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs
IN WITNESS WHEREOF, this Assumption Agreement has been duly executed by each of the undersigned as of the date specified below.
LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • November 7th, 2014 • Bioheart, Inc. • Services-commercial physical & biological research • Florida
THIS LIMITED WAIVER AND FORBEARANCE AGREEMENT (the Agreement”), is dated as of October 1, 2012 (the “Effective Date”), by and between BioHeart, Inc., a corporation organized under the laws of Florida (the “BioHeart”), and NorthStar Biotech Group, LLC, a Florida limited liability company (“NorthStar”).
LIMITED WAIVER AND FORBEARANCE AGREEMENTLimited Waiver and Forbearance Agreement • August 26th, 2004 • Biodelivery Sciences International Inc • Pharmaceutical preparations • Florida
This Limited Waiver and Forbearance Agreement is entered into this 14th day of May, 2004 to be effective for all purposes as of May 14, 2004 by and between BIODELIVERY SCIENCES INTERNATIONAL, INC., a Delaware corporation (the “Borrower”) and GOLD BANK, a Florida banking corporation, its successors and assigns (“Bank”) in connection with that certain Loan Agreement dated as of April 22, 2003 between Borrower and Bank (the “Loan Agreement”) and the documents related thereto (collectively, the “Loan Documents”).
