Make-Whole Agreement Sample Contracts

AMENDED AND RESTATED MAKE WHOLE AGREEMENT
Make Whole Agreement • October 28th, 2016 • Onstream Media CORP • Services-computer integrated systems design • Florida

This AMENDED AND RESTATED MAKE WHOLE AGREEMENT (the “Agreement”) by and among INFINITE CONFERENCING PARTNERS, LLC, a Florida limited liability company (the “Company”), INFINITE CONFERENCING, INC., a Florida corporation (the “ICI”), and Onstream Media Corporation, a Florida corporation (“Parent”) is entered into this 30th day of June, 2016 (the “Effective Date”).

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MAKE-WHOLE AGREEMENT
Make-Whole Agreement • March 16th, 2006 • Flag Financial Corp • Savings institution, federally chartered

This Make-Whole Agreement (this “Agreement”) is made as of June 7, 2004 by and between Flag Financial Corporation, a Georgia corporation (“Flag”), and Joseph W. Evans, a Georgia resident (“Evans”).

WELLS FARGO RETAIL FINANCE II, LLC One Boston Place, 19th Floor Boston, Massachusetts 02108
Make Whole Agreement • December 9th, 2005 • dELiAs, Inc. • Retail-catalog & mail-order houses

Reference is made to that certain Amended and Restated Loan and Security Agreement, dated as of October 14, 2004 (the “Loan Agreement”), by and among dELiA*s Assets Corp. (formerly known as dELiA*s Corp.), the other borrowers signatory thereto and Wells Fargo Retail Finance II, LLC (the “Lender”). Capitalized terms used herein without definition shall have the respective meanings ascribed to them in the Loan Agreement.

MAKE-WHOLE AGREEMENT
Make-Whole Agreement • November 18th, 2014 • Optex Systems Holdings Inc • Optical instruments & lenses • New York

This MAKE-WHOLE AGREEMENT (this “Agreement”) effective as of [__], 2014 (the “Effective Time”) is between Optex Systems Holdings, Inc., a Delaware corporation (the “Company”), Sileas Corp., a principal shareholder of the Company (“Sileas”), and the investor signatory hereto (the “Purchaser”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Purchase Agreement or the Note (as such terms are defined herein).

MAKE-WHOLE AGREEMENT
Make-Whole Agreement • August 6th, 2020 • Enviva Partners, LP • Lumber & wood products (no furniture) • Delaware

This Make-Whole Agreement (this “Agreement”) is entered into by and between Enviva Holdings, LP, a Delaware limited partnership (with its successors and permitted assigns, hereinafter called “Payor”), and Enviva, LP, a Delaware limited partnership (with its successors and assigns, hereinafter called “Payee”). Payor and Payee are collectively referred to as the “Parties” and individually as a “Party.”

WELLS FARGO RETAIL FINANCE II, LLC One Boston Place, 19th Floor Boston, Massachusetts 02108
Make Whole Agreement • December 9th, 2005 • dELiAs, Inc. • Retail-catalog & mail-order houses
MAKE-WHOLE AGREEMENT
Make-Whole Agreement • July 1st, 2021 • Enviva Partners, LP • Lumber & wood products (no furniture) • Delaware

This Make-Whole Agreement (this “Agreement”) is entered into by and between Enviva Holdings, LP, a Delaware limited partnership (with its successors and permitted assigns, hereinafter called “Sponsor”), and Enviva, LP, a Delaware limited partnership (with its successors and assigns, hereinafter called “ELP”). Sponsor and ELP are collectively referred to as the “Parties” and individually as a “Party.”

MAKE WHOLE AGREEMENT
Make Whole Agreement • March 11th, 2015 • Onstream Media CORP • Services-computer integrated systems design • Florida

This MAKE WHOLE AGREEMENT (the “Agreement”) by and among INFINITE CONFERENCING PARTNERS, LLC, a Florida limited liability company (the “Company”), INFINITE CONFERENCING, INC., a Florida corporation (the “ICI”), and Onstream Media Corporation, a Florida corporation (“Parent”) is entered into this 28th day of February, 2015 (the “Effective Date”).

LMA MAKE-WHOLE AGREEMENT
Make-Whole Agreement • April 25th, 2022 • Hoegh LNG Partners LP • Water transportation • England and Wales

This LMA Make-Whole Agreement (this “Agreement”), dated as of 22 December, 2021, is made by and among (1) Höegh LNG Ltd., a Bermuda exempted company (“HLNG”); and (2) Höegh LNG Partners Operating LLC, a Marshall Islands limited liability company (“HMOP”) with HLNG and HMOP being sometimes individually referred to as a “Party”, and collectively as the “Parties”.

MAKE WHOLE AGREEMENT
Make Whole Agreement • September 24th, 2020 • Immunomedics Inc • In vitro & in vivo diagnostic substances • Delaware

MAKE WHOLE AGREEMENT (this “Agreement”), by and between Immunomedics, Inc. (the “Company”), a Delaware corporation and Dr. Behzad Aghazadeh (the “Executive”), dated as of the 12th day of September, 2020.

MAKE WHOLE AGREEMENT
Make Whole Agreement • January 29th, 2020 • Red Cat Holdings, Inc. • Services-prepackaged software • Nevada

This Make Whole Agreement (this “Agreement”) is made and entered into as of January 23, 2020, among Rotor Riot, LLC, an Ohio limited liability company (“Rotor Riot”), Brains Riding in Tanks, LLC, an Ohio limited liability company (“BRIT”) and Chad Kapper (“Kapper”; and together with Rotor Riot and BRIT, the “Indemnitees”), and Red Cat Holdings, Inc., a Nevada corporation (“Red Cat”).

MAKE WHOLE AGREEMENT AND UNDERTAKING
Make Whole Agreement • November 15th, 2016 • Alignvest Acquisition Corp • Ontario

RE Covenants of Alignvest Management Corporation, as sponsor of the Corporation (the “Sponsor”) pursuant to the Corporation’s final prospectus, dated June 16, 2015 (the “Prospectus”)

MAKE WHOLE AGREEMENT AND UNDERTAKING
Make Whole Agreement • November 27th, 2020 • Bespoke Capital Acquisition Corp • Ontario

RE: Covenants of Bespoke Sponsor Capital LP, as sponsor of the Corporation (the “Sponsor”) pursuant to the Corporation’s final prospectus, dated August 8, 2019 (the “Prospectus”)

MAKE WHOLE AGREEMENT
Make Whole Agreement • October 19th, 2020 • MyoKardia, Inc. • Pharmaceutical preparations • California

This Make Whole Agreement, dated as of [__________], 2020 (this “Agreement”), is entered into by and between MyoKardia, Inc., a Delaware corporation (the “Company”), and [_______________________] (the “Executive”), provided, however, that this Agreement shall be void ab initio and of no further force and effect if the Agreement and Plan of Merger, dated as of [ __ ], 2020 (the “Merger Agreement”), by and among the Company, [ __ ] (“Parent”) and certain other parties, is terminated.

MAKE-WHOLE AGREEMENT
Make-Whole Agreement • May 9th, 2019 • Enviva Partners, LP • Lumber & wood products (no furniture) • Delaware

This Make-Whole Agreement (this “Agreement”) is entered into by and between Enviva Holdings, LP, a Delaware limited partnership (with its successors and permitted assigns, hereinafter called “Payor”), and Enviva, LP, a Delaware limited partnership (with its successors and assigns, hereinafter called “Payee”). Payor and Payee are collectively referred to as the “Parties” and individually as a “Party.”

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