Modification and Waiver Agreement Sample Contracts

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MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • January 19th, 2012 • Attitude Drinks Inc. • Beverages

This Modification and Waiver Agreement ("Agreement") dated as of June 30, 2008 is entered into by and among Attitude Drinks Inc., a Delaware corporation (the "Company") and the subscribers identified on the signature page hereto (each herein a "Subscriber" and collectively "Subscribers" or the "Parties").

EX-10 3 hiithirdamendmentandwaiverre.htm THIRD AMENDMENT AND WAIVER AGREEMENT WITH HEARTLAND BANK (ACCOUNT PURCHASE) THIRD MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • May 5th, 2020 • New York

This Third Modification and Waiver Agreement (this “Amendment”) is dated effective as of May 20, 2015, by and among HII TECHNOLOGIES, INC., a Delaware corporation (“HII”), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), SAGE POWER SOLUTIONS, INC. f/k/a KMHVC, Inc., a Texas corporation (“Sage”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”) on behalf of the Lenders (as defined in the APA).

EX-10 2 hiithirdamendmentandwaiverte.htm THIRD AMENDMENT AND WAIVER AGREEMENT WITH HEARTLAND BANK (TERM LOAN) THIRD MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • May 5th, 2020 • New York

This Third Modification and Waiver Agreement (this “Amendment”) is dated effective as of May 20, 2015, by and among HII TECHNOLOGIES, INC., a Delaware corporation (“HII”), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), SAGE POWER SOLUTIONS, INC. f/k/a KMHVC, Inc., a Texas corporation (“Sage”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”) on behalf of the Lenders (as defined in the Credit Agreement).

Modification and Waiver Agreement Certification
Modification and Waiver Agreement • February 9th, 2023 • Mesa Air Group Inc • Air transportation, scheduled

This Modification and Waiver Agreement is entered into by the parties hereto in connection with the Loan and Guarantee Agreement dated as of October 30, 2020, and entered into pursuant to Division A, Title IV, Subtitle A, section 4029 of the Coronavirus Aid, Relief, and Economic Security Act (P. L. 116-136), as amended. The parties named below and their undersigned authorized representatives acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in connection with this Modification and Waiver Agreement may result in administrative remedies as well as civil and/or criminal penalties.

Re: Modification and Waiver Agreement
Modification and Waiver Agreement • August 2nd, 2006 • Oasys Mobile, Inc. • Services-business services, nec

This letter agreement (the “Agreement”) sets forth the terms and conditions pursuant to which RHP Master Fund, Ltd. (“RHP”) and LAP Summus Holdings, LLC (“LAP” and, together with RHP, the “Buyers”) will waive certain of its rights under that certain Securities Purchase Agreement dated as of November 18, 2005 (the “Purchase Agreement”) by and among RHP, LAP and Oasys Mobile, Inc. (f/k/a Summus, Inc.), a Delaware corporation (the “Company”), and all of the other documents and instruments entered into in connection therewith, including without limitation, the Debentures, the Warrants, the Security Agreement and the Registration Rights Agreement (collectively, the “Transaction Documents”).

AMENDED AND RESTATED SECOND MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • June 23rd, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Modification and Waiver Agreement (“Agreement”) dated as of June 19, 2006 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and the subscribers identified on the signature page hereto (each a “Subscriber” and collectively “Subscribers” or the “Parties”).

FIRST MODIFICATION AND WAIVER AGREEMENT TO THE AMENDED AND RESTATED MASTER CREDIT AGREEMENT
Modification and Waiver Agreement • September 12th, 2003 • Sea Pines Associates Inc • Hotels & motels • South Carolina

THIS FIRST MODIFICATION AND WAIVER AGREEMENT (this “Agreement”) is made as of the 31st day of July, 2003, by and among WACHOVIA BANK, NATIONAL ASSOCIATION (the “Bank”), SEA PINES ASSOCIATES, INC. and SEA PINES COMPANY, INC. (if more than one, collectively, the “Borrower”).

Modification and Waiver Agreement
Modification and Waiver Agreement • December 8th, 2005 • Blastgard International Inc • Miscellaneous chemical products

This Modification and Waiver Agreement (“Agreement”) dated as of December 6, 2005 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and the subscribers identified on the signature page hereto (each a “Subscriber” and collectively “Subscribers” or the “Parties”).

MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • June 23rd, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Modification and Waiver Agreement (“Agreement”) dated as of June 7, 2006 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and Mathew Sullivan (“Sullivan”), Jamie Mitchell (“Mitchell”), Revan R. Schwartz (‘Schwartz”), Andrew G. Sycoff (“Sycoff”) and Joel Gold (“Gold”), each a “Warrant Holder” and collectively the “Warrant Holders” or the “Parties”.

MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • June 23rd, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Modification and Waiver Agreement (“Agreement”) dated as of June 7, 2006 is entered into by and between BlastGard International, Inc., a Colorado corporation (the “Company”) and Argyll Equities, LLC (“Argyll” or the “Warrant Holder”).

SECOND MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • August 10th, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Second Modification and Waiver Agreement (“Agreement”) dated as of July 20, 2006 is entered into by and between BlastGard International, Inc., a Colorado corporation (the “Company”) and Argyll Equities, LLC (“Argyll” or the “Warrant Holder”).

RECITALS
Modification and Waiver Agreement • October 19th, 2004 • Chemokine Therapeutics Corp • Biological products, (no disgnostic substances) • North Carolina
MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • January 23rd, 2006 • Dyneco Corp • Pumps & pumping equipment

This Modification and Waiver Agreement (“Agreement”) dated as of January 13, 2006 is entered into by and among Dyneco Corporation, a Minnesota corporation (the “Company”) and the subscribers and Finders identified on the signature page hereto (each herein a “Subscriber” and collectively “Subscribers” or the “Parties”).

MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • June 8th, 2007 • Dynamic Leisure Corp • Transportation services

This Modification and Waiver Agreement (“Agreement”) dated as of June 4, 2007 is entered into by and among Dynamic Leisure Corporation, a Minnesota corporation (the “Company”) and the subscribers and Finders identified on the signature page hereto (each herein a “Subscriber” and collectively “Subscribers” or the “Parties”).

SECOND MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • August 10th, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Second Modification and Waiver Agreement (“Agreement”) dated as of July 20, 2006 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and Mathew Sullivan (“Sullivan”), Jamie Mitchell (“Mitchell”), Revan R. Schwartz (‘Schwartz”), Andrew G. Sycoff (“Sycoff”) and Joel Gold (“Gold”), each a “Warrant Holder” and collectively the “Warrant Holders” or the “Parties”.

FIRST MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • August 10th, 2006 • Blastgard International Inc • Miscellaneous chemical products

This First Modification and Waiver Agreement (“Agreement”) dated as of July 20, 2006 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and the subscribers identified on the signature page hereto (each a “Subscriber” and collectively “Subscribers” or the “Parties”).

THIRD MODIFICATION AND WAIVER AGREEMENT
Modification and Waiver Agreement • August 10th, 2006 • Blastgard International Inc • Miscellaneous chemical products

This Third Modification and Waiver Agreement (“Agreement”) dated as of July 20, 2006 is entered into by and among BlastGard International, Inc., a Colorado corporation (the “Company”) and the subscribers identified on the signature page hereto (each a “Subscriber” and collectively “Subscribers” or the “Parties”).

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