OMNIBUS AMENDMENT AND WAIVER This Omnibus Amendment and Waiver (this "Amendment"), dated March 31, 2008, by and between Tarpon Industries, Inc., a Michigan corporation (the "Company"), Laurus Master Fund, Ltd., a Cayman Islands company ("Laurus") and...Omnibus Amendment and Waiver • April 4th, 2008 • Tarpon Industries, Inc. • Steel pipe & tubes • New York
EX-10.1 2 d239167dex101.htm OMNIBUS AMENDMENT AND WAIVER Execution Version OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • May 5th, 2020 • New York
This OMNIBUS AMENDMENT AND WAIVER, dated as of August 2, 2016 (this “Amendment”), is among FOUR CORNERS OPERATING PARTNERSHIP, LP, a Delaware limited partnership, as borrower (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the “Administrative Agent”). Reference is made to that certain Revolving Credit and Term Loan Agreement, dated as of November 9, 2015 (as amended, modified, restated and supplemented, the “Credit Agreement”), by and among the Borrower, Four Corners Property Trust, Inc., a Maryland corporation (the “Company”), the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
OMNIBUS AMENDMENT AND WAIVER NO. 2Omnibus Amendment and Waiver • March 7th, 2007 • Conversion Services International Inc • Services-computer programming, data processing, etc. • New York
This Omnibus Amendment and Waiver No. 2 (this “Amendment”), dated as of March 1, 2007, by and between Conversion Services International, Inc., a Delaware corporation (the “Company”), CSI Sub Corp. (DE), a Delaware corporation (“CSI Sub”), DeLeeuw Associates, Inc., a Delaware corporation (“DeLeeuw” and, together with the Company and CSI Sub, the “Credit Parties” and, each a “Credit Party”) and Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), amends (i) that certain Overadvance Side Letter, dated as of February 1, 2006, by and among the Credit Parties and Laurus (as amended, modified or supplemented from time to time, the “Overadvance Side Letter”) issued in connection with that certain Security Agreement, dated as of February 1, 2006 by and among the Credit Parties and Laurus (as amended, modified or supplemented from time to time, the “Security Agreement”); (ii) the Common Stock Purchase Warrant, issued by the Company to Laurus as of August 16, 2004 (as amended, modified
EXHIBIT 10.1 OMNIBUS AMENDMENT AND WAIVER This OMNIBUS AMENDMENT AND WAIVER (this "AMENDMENT"), dated as of November 27, 2006, is entered into by and between ISLAND PACIFIC, INC., a Delaware corporation (the "COMPANY"), and LAURUS MASTER FUND, LTD., a...Omnibus Amendment and Waiver • November 30th, 2006 • Island Pacific Inc • Services-prepackaged software • New York
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • November 7th, 2019 • Venus Concept Inc. • Surgical & medical instruments & apparatus • Delaware
THIS OMNIBUS AMENDMENT AND WAIVER (this “Agreement”) dated as of July 26, 2019 (the “Eighth Amendment Effective Date”) is entered into among VENUS CONCEPT CANADA CORP., an Ontario corporation (“Venus Canada”), VENUS CONCEPT USA INC., a Delaware corporation (“Venus USA” and together with Venus Canada, each a “Borrower” and collectively, the “Borrowers”), VENUS CONCEPT LTD., an Israeli corporation (the “Parent”), the Lenders party hereto and MADRYN HEALTH PARTNERS, LP, a Delaware limited partnership, as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
SECOND OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • March 27th, 2024 • Mynd.ai, Inc. • Services-educational services
(x)Ascendent Rainbow (Cayman) Limited, a company incorporated under the Laws of the Cayman Islands with limited liability (“Secondary Seller 3”),
THIRD OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • January 29th, 2008 • Lennar Corp /New/ • General bldg contractors - residential bldgs • New York
This THIRD OMNIBUS AMENDMENT AND WAIVER (this “Amendment and Waiver”), dated as of January 23, 2008 is entered into by and among CALYON NEW YORK BRANCH (together with its successors and assigns, “Calyon New York”), as the administrative agent (the “Administrative Agent”), as a bank and as a managing agent, ATLANTIC ASSET SECURITIZATION LLC, as an issuer (together with its successors and assigns, “Atlantic”), LA FAYETTE ASSET SECURITIZATION LLC, as an issuer (together with its successors and assigns, “La Fayette”), JS SILOED TRUST (together with its successors and assigns, “JUSI Trust”), as successor in interest to JUPITER SECURITIZATION COMPANY LLC (“Jupiter”), as an issuer, GRESHAM RECEIVABLES (NO. 6) LIMITED, as an issuer (“Gresham”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as a bank and as a managing agent (together with its successors and assigns, “JPMorgan Chase”), LLOYDS TSB BANK PLC, as a bank and a managing agent (together with its successors and assigns, “Lloyds”), RESIDENT
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • August 26th, 2010 • Cardinal Health Inc • Wholesale-drugs, proprietaries & druggists' sundries • Illinois
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • March 27th, 2024 • Mynd.ai, Inc. • Services-educational services
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • December 11th, 2017 • Straight Path Communications Inc. • Radiotelephone communications • New York
This OMNIBUS AMENDMENT AND WAIVER (this “Amendment”) is made as of October 22, 2017 by and between Straight Path Communications Inc., a Delaware corporation (the “Company”), the undersigned Lenders (as defined below), and Clutterbuck Capital Management, LLC, as collateral agent under the Security Agreement (as defined below) (the “Collateral Agent” and together with the undersigned Lenders, the “Lender Parties”). Each of the Company and the Lender Parties also are sometimes referred to herein individually as a “Party”, and collectively as the “Parties”.
OMNIBUS AMENDMENT AND CONSENTOmnibus Amendment and Waiver • October 5th, 2006 • Gvi Security Solutions Inc • Communications equipment, nec • New York
This Omnibus Amendment and Waiver (this “Amendment”), dated as of October 3, 2006, by and between GVI SECURITY SOLUTIONS, INC.., a Delaware corporation (the “Company”) and Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), amends that certain (i) Securities Purchase Agreement, dated as of May 27, 2004, by and between the Company and Laurus (as amended, modified or supplemented from time to time, the “Securities Purchase Agreement”); (ii) that certain Secured Convertible Term Note, made as of May 27, 2004 by the Company in favor of Laurus in the initial face amount of $5,000,000 (as amended, modified or supplemented from time to time, the “Term Note”); (iii) that certain Security Agreement, dated as of May 27, 2004 between the Company and Laurus (as amended, modified or supplemented from time to time, the “Security Agreement”), (iv) that certain Secured Convertible Minimum Borrowing Note, made as of May 27, 2004 by the Company in favor of Laurus in the initial face amount of
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • September 25th, 2006 • Science Dynamics Corp • Telephone & telegraph apparatus • New York
This OMNIBUS AMENDMENT AND WAIVER (this “Amendment”), dated as of September 18, 2006, is entered into by and between SCIENCE DYNAMICS CORPORATION, a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), for the purpose of amending and amending and restating and waiving certain terms of (i) the Amended and Restated Secured Convertible Term Note, issued as of February 11, 2005 and amended and restated as of July 21, 2006 (as amended and restated, amended, modified and supplemented from time to time, the “Term Note”) by the Company to Laurus, (ii) the Securities Purchase Agreement, dated as of February 11, 2005 (as amended, modified or supplemented from time to time, the “Purchase Agreement”) by and between the Company and Laurus, (iii) the Common Stock Purchase Warrant, issued as of February 11, 2005 by the Company to Laurus (as amended and restated, amended, modified and supplemented from time to time, the “Initial Warrant”), (iv) the C
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • November 1st, 2007 • Ams Health Sciences Inc • Wholesale-durable goods, nec • New York
This OMNIBUS AMENDMENT AND WAIVER (this “Amendment”), dated as of October 26, 2007, is entered into by and between AMS HEALTH SCIENCES, INC., a corporation organized under the laws of Oklahoma (the “Company”), LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), VALENS OFFSHORE SPV I, LTD. a Cayman Islands company (“VOFSPVI”), VALENS U.S. SPV I, LLC, a Delaware limited liability company (“VUSSPVI”), ERATO CORP., a Delaware corporation (“Erato”) and VALENS OFFSHORE SPV II, CORP., a Delaware corporation (“VOFSPVII” and together with Laurus, VOFSPVI, VUSSPVI and ERATO, the “Holders” and each, a “Holder”) for the purpose of amending and amending and restating and waiving certain terms of (i) the Secured Convertible Term Note, dated as of June 28, 2006 (as amended and restated, amended, modified and/or supplemented from time to time, the “Term Note”), issued by the Company to Laurus, and subsequently assigned in part by Laurus to each of VOFSPVI and VUSSPVI, (ii) the Securities Pu
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • June 17th, 2024 • Vertex Energy Inc. • Petroleum refining
THIS OMNIBUS AMENDMENT AND WAIVER (this “Omnibus Amendment”), dated as of June 3, 2024, is entered into by and among Vertex Energy, Inc., a Nevada corporation (“Parent”), Vertex Refining Alabama LLC, a Delaware limited liability company (“Borrower”), each of Parent’s direct and indirect Subsidiaries listed on the signature pages hereto other than Excluded Subsidiaries (collectively, the “Subsidiary Guarantors” and each, individually, a “Subsidiary Guarantor”; the Subsidiary Guarantors, together with Parent, each a “Guarantor” and collectively, the “Guarantors”), Cantor Fitzgerald Securities (“Cantor”), as administrative agent and collateral agent for the Lenders (“Agent”), and the Lenders (as defined below) party hereto.
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • January 11th, 2008 • Windswept Environmental Group Inc • Hazardous waste management • New York
This Omnibus Amendment and Waiver (this “Amendment”), dated January 8, 2008, by and between Windswept Environmental Group, Inc., a Delaware corporation (the “Company”), Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), Valens Offshore SPV I, Ltd., a Cayman Islands company (“VOFSPVI”), Valens U.S. SPV I, LLC, a Delaware limited liability company (“VUSSPVI” and together with Laurus and VOFSPVI, the “Holders” and each, a “Holder”) and LV Administrative Services, Inc. as agent (the “Agent”) for the benefit of each of the Holders, amends (i) that certain Secured Convertible Term Note, dated as of June 30, 2005, issued by the Company in favor of Laurus, as amended and restated as of July 13, 2005, as further amended and restated as of September 8, 2005, as further amended and restated as of October 6, 2005, and as further amended and restated as of September 29, 2006 and subsequently assigned in part by Laurus to VOFSPVI and VUSSPVI (as amended and restated, further amended, mod
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • February 12th, 2016 • Growblox Sciences, Inc. • Crude petroleum & natural gas • Delaware
THIS OMNIBUS AMENDMENT AND WAIVER (this “Amendment”) is entered into as of February 8, 2016 (the “Amendment Date”), between Growblox Sciences, Inc., a Delaware corporation (the “Company”), GB Sciences Nevada LLC, a Nevada limited liability company (“GBS Nevada”) and Pacific Leaf Ventures, LP (the “Investor”).
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • November 7th, 2008 • Sten Corp • Short-term business credit institutions • New York
This Omnibus Amendment and Waiver (the “Amendment”) dated as of October 31, 2008, by and between STEN Corporation, a Minnesota corporation (“STEN”), STEN Credit Corporation, a Utah corporation (“STEN Credit”), STENCOR, Inc., a Minnesota corporation (“STENCOR”), STEN Financial Corporation, a Utah corporation (“STEN Financial”), EasyDrive Cars and Credit Corp., an Arizona corporation (“EasyDrive”), BTAC Properties, Inc., a Minnesota corporation (“BTAC”), Alliance Advance, Inc., an Arizona corporation (“Alliance”), STEN Acquisition Corporation, a Minnesota corporation (“STEN Acquisition”), and Burger Time Acquisition Corporation, a Minnesota corporation (“BT Acquisition” and together with STEN, STEN Credit, STENCORP, EasyDrive, BTAC, Alliance, STEN Acquisition, each a “Company” and collectively, the “Companies”) and LV ADMINISTRATIVE SERVICES, INC., as administrative and collateral agent (the “Agent”) for VALENS U.S. SPV I, LLC, a Delaware limited liability company (“Valens”) and the lend
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • November 6th, 2007 • Applied Digital Solutions Inc • Communications equipment, nec • New York
This OMNIBUS AMENDMENT AND WAIVER (this “Amendment”), dated as of October 31, 2007, is entered into by and among APPLIED DIGITAL SOLUTIONS, INC., a Delaware corporation (the “Company”), VERICHIP CORPORATION, a Delaware corporation (“VeriChip”), LAURUS MASTER FUND, LTD. (“Laurus”), KALLINA CORPORATION, a Delaware corporation (“Kallina”), VALENS U.S. SPV I, LLC, a Delaware corporation (“Valens U.S.”), VALENS OFFSHORE SPV II, CORP., a Delaware corporation (“Valens Offshore”), and PSOURCE STRUCTURED DEBT LIMITED, a Guernsey limited liability closed-ended company (“PSource”, and together with Kallina, Valens U.S. and Valens Offshore, the “Lenders”), for the purpose of amending and restating and waiving certain terms of (a) that certain Secured Term Note, dated as of August 24, 2006 (as amended, modified or supplemented from time to time, the “2006 Note”); (b) that certain Securities Purchase Agreement, dated as of August 24, 2006 (as amended, modified or supplemented from time to time, the
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • May 5th, 2008 • Windswept Environmental Group Inc • Hazardous waste management • New York
This Omnibus Amendment and Waiver (this “Amendment”), dated as of April 30, 2008, by and between Windswept Environmental Group, Inc., a Delaware corporation (the “Company”), Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), Valens Offshore SPV I, Ltd., a Cayman Islands company (“VOFSPVI”), Valens U.S. SPV I, LLC, a Delaware limited liability company (“VUSSPVI” and together with Laurus and VOFSPVI, the “Holders” and each, a “Holder”) and LV Administrative Services, Inc. as agent (the “Agent”) for the benefit of each of the Holders, amends (i) that certain Amended and Restated Secured Convertible Term Note, dated as of September 29, 2006, issued by the Company to Laurus, and subsequently assigned in part by Laurus to VOFSPVI and VUSSPVI (as previously, and as maybe, amended, modified, or supplemented from time to time, the “September 2006 Convertible Note”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the September 2006 Con
OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • August 18th, 2006 • Standard Management Corp • Retail-drug stores and proprietary stores
This Omnibus Amendment and Waiver (this “Amendment”), dated as of May 23, 2006, by and between Standard Management Corporation, an Indiana corporation (the “Company”) and Laurus Master Fund, Ltd., a Cayman Islands company (the “Purchaser”), amends that certain (i) Securities Purchase Agreement, dated as of March 21, 2005 (the “Initial Closing Date”), by and between the Company and the Purchaser (as amended, modified or supplemented, the “Securities Purchase Agreement”); (ii) that certain Secured Convertible Term Note, issued as of March 21, 2005 by the Company in favor of Purchaser in the initial face amount of $4,750,000 (as amended, modified or supplemented, the “Term Note”); (iii) that certain Common Stock Purchase Warrant, issued as of March 21, 2005 by the Company in favor of Purchaser (as amended, modified or supplemented, the “Warrant”); and (v) that certain Mortgage, Assignment of Rents and Leases and Fixture Filing dated as of the date hereof made by the Company in favor of th
