Limited Waiver and Modification Agreement Sample Contracts

LIMITED WAIVER AND MODIFICATION TO AGREEMENT AND PLAN OF MERGER

Limited Waiver and Modification Agreement • August 5th, 2020 • Liquidia Corp

• Contract Type
  Limited Waiver and Modification Agreement
• Filed
  August 5th, 2020
• Company
  Liquidia Corp

THIS LIMITED WAIVER AND MODIFICATION AGREEMENT (this “Agreement”), dated as of August 3, 2020, to that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of June 29, 2020, by and among Liquidia Technologies, Inc., a Delaware corporation (“Liquidia”), RareGen, LLC, a Delaware limited liability company (“RareGen”), Liquidia Corporation, a newly-formed Delaware corporation and direct wholly owned subsidiary of Liquidia (“HoldCo”), Gemini Merger Sub I, Inc., a Delaware corporation and a direct wholly owned subsidiary of HoldCo (“Liquidia Merger Sub”), Gemini Merger Sub II, LLC, a Delaware limited liability company and a direct wholly owned subsidiary of HoldCo (“RareGen Merger Sub”), and PBM RG Holdings, LLC, a Delaware limited liability company (the “Members’ Representative”), solely in its capacity as the Members’ Representative, waives and modifies certain provisions (specified below) of the Merger Agreement pursuant to Section 8.4 of the Merger Agreement. Capitaliz

LIMITED WAIVER AND MODIFICATION AGREEMENT

Limited Waiver and Modification Agreement • May 15th, 2009 • American Biltrite Inc • Plastics products, nec • Massachusetts

• Contract Type
  Limited Waiver and Modification Agreement
• Filed
  May 15th, 2009
• Company
  American Biltrite Inc
• Industry
  Plastics products, nec
• Jurisdiction
  Massachusetts

This LIMITED WAIVER AND MODIFICATION AGREEMENT (this “Limited Waiver”) to the Credit Agreement referred to below is made as of May 15, 2009, by and among American Biltrite Inc., a Delaware corporation (the “Company”), K&M Associates L.P., a Rhode Island limited partnership (“K&M” and together with the Company, the “Domestic Borrowers”), American Biltrite (Canada) Ltd., a corporation governed by the Canada Business Corporations Act (the “Canadian Borrower” and together with the Domestic Borrowers, the “Borrowers”), the lenders hereto (collectively, the “Lenders”), Bank of America, N.A., as the domestic administrative agent (the “Domestic Agent”), and Bank of America, N.A., acting through its Canada Branch, as the Canadian administrative agent (the “Canadian Agent” and together with the Domestic Agent, the “Agents”).