PAYOFF LETTERPayoff Letter • January 14th, 2008 • Raptor Pharmaceuticals Corp. • Pharmaceutical preparations
Reference is made to (i) that certain Note Purchase Agreement (the “Note Agreement”) dated as of February 2006 by and among Convivia, Inc., a Delaware corporation (“Obligor”) and Harold Snyder (“Obligee”), (ii) that certain Secured Promissory Note (the “Note”) dated as of February 16, 2006 of Obligor in favor of Obligee in the principal amount of One Hundred Sixteen Thousand One Hundred Dollars ($116,100), bearing an interest rate of five percent (5.0%) per annum, (iii) that certain Security Agreement (the “Security Agreement”) dated as of February 2006 by and among Obligor and Obligee, and (iv) that certain Intellectual Property Security Agreement (the “IP Security Agreement”) dated as of February 2006 by and among Obligor and Obligee, and the various financing agreements related thereto (collectively, each as amended from time to time, the “Financing Documents”). Obligee understands that, on the Payoff Date (as hereinafter defined), Obligor expects to repay in full all of the obligat
May 21, 2021 Grindrod Shipping Pte. Ltd.Payoff Letter • March 25th, 2022 • Grindrod Shipping Holdings Ltd. • Deep sea foreign transportation of freight • New York
September 17, 2021Payoff Letter • September 23rd, 2021 • Rapid Micro Biosystems, Inc. • Laboratory analytical instruments
August 1, 2008 Handleman Company 500 Kirts Blvd. Troy, Michigan 48084 Attn: Chief Executive Officer Handleman Company 500 Kirts Blvd. Troy, Michigan 48084 Attn: Chief Financial Officer Re: Payoff Letter Ladies and Gentlemen:Payoff Letter • August 6th, 2008 • Handleman Co /Mi/ • Wholesale-durable goods, nec • New York
Reference is made to (i) that certain Credit Agreement, dated as of April 30, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein but not otherwise defined shall have the meanings given to such terms in the Credit Agreement), among Handleman Company, a Michigan corporation (“Holdings”), Handleman Services Company, a Michigan corporation (“Administrative Borrower”), the other Subsidiaries of Holding identified on the signature pages thereto as “Borrowers” (such Subsidiaries, together with Handleman Services, each referred to individually as a “Borrower” and, collectively, as “Borrowers”), the other Credit Parties signatory thereto, General Electric Capital Corporation, for itself, as Lender, and as Agent for Lenders (in such capacity, “Agent”), and the other Lenders signatory thereto from time to time, and (ii) the other Loan Documents (as defined in the Credit Agreement) and all guaranties, security agr
Form of Payoff Letter June 21, 2024Payoff Letter • June 24th, 2024 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies
Reference is made to that certain Senior Secured Term Loan Credit Agreement, dated as of July 29, 2022 (as amended, modified, supplemented, or restated from time to time prior to the date hereof, the “Credit Agreement”), by and among Eos Energy Enterprises, Inc., a Delaware corporation (the “Borrower”), the Lenders from time to time party thereto and ACP Post Oak Credit I LLC, as Administrative Agent for the Lenders and Collateral Agent for the Secured Parties. All initially capitalized terms not defined herein shall have the meanings ascribed to those terms in the Credit Agreement.
ORION ENERGY PARTNERS INVESTMENT AGENT, LLCPayoff Letter • December 1st, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Reference is made to that certain Credit Agreement, dated as of October 31, 2019 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among FuelCell Energy, Inc. (the “Borrower”), the Subsidiaries of the Borrower from time to time party thereto as Guarantors, the Lenders from time to time party thereto, and Orion Energy Partners Investment Agent, LLC, as the Administrative Agent and the Collateral Agent. The Administrative Agent understands that on the Payoff Effective Time (as hereinafter defined), the Borrower expects to repay in full all of the Obligations of the Borrower to the Administrative Agent and the Lenders under or in respect of the Credit Agreement and the other Financing Documents (other than contingent indemnity obligations for which no claim has been asserted). All capitalized terms used herein shall have the respective meanings specified in the Credit Agreement unless otherwise defined herein. Unless otherwise spec
Scott Henry, Executive Vice President and Chief Financial Office Re: Payoff LetterPayoff Letter • July 22nd, 2011
Reference is hereby made to (a) that certain Senior Secured, Super-Priority Debtor-in-Possession Credit Agreement, dated as of February 16, 2011 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among (i) BORDERS GROUP, INC., a Michigan corporation, as a debtor-in-possession (“BGI”), (ii) BORDERS, INC., a Colorado corporation, as a debtor- in-possession (“Borders” and, collectively with BGI, the “Borrowers”, and each individually, a “Borrower”), (iii) each other Credit Party from time to time party to the Credit Agreement, each as a debtor-in-possession, (iv) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its individual capacity and as Working Capital Agent (the “Working Capital Agent”) for the Secured Parties (as defined in the Credit Agreement), (v) GA CAPITAL, LLC, a Delaware limited liability company, as Term B Agent (the “Term B Agent”) for the Term B Lenders (as defined in the Credit Agreement), and (vi)
GeoLease Partners, L.P. c/o CSFB Private Equity, Inc Eleven Madison Avenue New York, New York 10010Payoff Letter • December 2nd, 2005 • Geokinetics Inc • Crude petroleum & natural gas • New York
Reference is made to that certain Lease Agreement dated as of October 1, 1999, as Amended and Restated as of May 2, 2003 (as amended through the date hereof, the “Lease Agreement”) among GeoLease Partners, L.P. (“Lessor”), Geokinetics Inc. (“Lessee”) and the subsidiary guarantors listed on the signature pages thereto. Capitalized terms used herein and not defined herein shall have the meanings given thereto in the Lease Agreement.
December 12, 2023Payoff Letter • December 13th, 2023 • Isun, Inc. • Semiconductors & related devices • Delaware
Reference is hereby made to that certain (i) Letter Agreement and Notice re Optional Redemption, dated December 1, 2023 (the “Redemption Notice”), among Anson Investments Master Fund LP (“AIMF”), Anson East Master Fund LP (“AEMF”), and iSun, Inc. (the “Company”) and (ii) Payoff Letter, dated December 1, 2023, (the “Payoff Letter”), among the Company, AIMF, and AEMF. Capitalized terms used but not defined herein shall have the meanings given to them in the Redemption Notice or the Payoff Letter, as applicable. The Company, AEMF and AIMF hereby agree as follows.
BY EMAIL AND OVERNIGHT COURIERPayoff Letter • June 26th, 2015 • Photomedex Inc • Electromedical & electrotherapeutic apparatus • New York
Silver Point Finance, LLC Two Greenwich Plaza, 1st Floor Greenwich, CT 06830Payoff Letter • November 4th, 2008 • Handleman Co /Mi/ • Wholesale-durable goods, nec • New York
Reference hereby is made to the Credit and Guaranty Agreement, dated as of April 30, 2007 (as amended, supplemented or otherwise modified to date, the “Credit Agreement”), by and among Handleman Company, a Michigan corporation (“Holdings”), Handleman Services Company, a Michigan corporation (“Handleman Services”), certain subsidiaries of Holdings identified on the signature page hereto as “Borrowers” (such Subsidiaries, together with Handleman Services, are referred to individually as a “Borrower” and collectively, jointly and severally, as “Borrowers”), certain subsidiaries of Holdings identified on the signature page hereto as “Guarantors” (such subsidiaries, together with Holdings, are referred to individually as a “Guarantor” and collectively, jointly and severally, as “Guarantors” and, together with the Borrowers, each a “Credit Party” and collectively, the “Credit Parties”), the lenders party hereto from time to time (“Lenders”), and Silver Point Finance, LLC (“Silver Point”), as
Soluna2 SLC Fund II Project Holdco LLC c/o Spring Lane CapitalPayoff Letter • August 14th, 2024 • Soluna Holdings, Inc • Finance services
Payoff LetterPayoff Letter • October 12th, 2023 • Noco-Noco Inc. • Miscellaneous electrical machinery, equipment & supplies
This letter agreement (“Letter”) is effective on the date first written above and delivered by each of the undersigned in connection with the issuance and registration of certain ordinary shares of noco-noco Inc. (“PubCo”).
VIA ELECTRONIC AND REGULAR MAIL Avalo Therapeutics, Inc. (f/k/a Cerecor Inc.)Payoff Letter • September 26th, 2023 • Avalo Therapeutics, Inc. • Pharmaceutical preparations
July 16, 2015 Skillgreat Limited c/o Bona Film Group Limited 11/F, Guan Hu Garden 3Payoff Letter • July 23rd, 2015 • Fosun International LTD • Services-motion picture & video tape distribution
February 8, 2021 KemPharm, Inc. 1180 Celebration Blvd. Suite 103 Celebration, FL 34747 Fax: [Intentionally Omitted] E-mail: [Intentionally Omitted] Attention: R. LaDuane Clifton, Chief Financial Officer Re: Payoff Letter Ladies and Gentlemen:Payoff Letter • February 9th, 2021 • Kempharm, Inc • Pharmaceutical preparations • New York
Reference is made to (i) the Facility Agreement, dated as of June 2, 2014 (as amended, restated, supplemented or otherwise modified to date, the “Credit Agreement”), between KemPharm, Inc., a Delaware corporation (the “Borrower” or a “Credit Party”), and Deerfield Private Design Fund III, L.P., a Delaware limited partnership (the “DPDF Lender”), Deerfield Special Situations Fund, L.P., a Delaware limited partnership (“DSS”), Delaware Street Capital Master Fund, L.P., a Cayman Islands limited partnership (“DSCM”), and the other lenders from time to time party thereto (the “Other Lenders”; the Other Lenders together with the DPDF Lender, DSS and DSCM, collectively, the “Lenders”, individually each a “Lender”), and (ii) the other Transaction Documents (as defined in the Credit Agreement) and all other documents and instruments relating thereto (together with the Credit Agreement, collectively, the “Credit Documents”). The Lenders understand that at the Payoff Effective Time (as hereinafte
GE BUSINESS FINANCIAL SERVICES INC. Life Science FinancePayoff Letter • December 21st, 2010 • Poniard Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Reference is made to (i) the Amended and Restated Loan and Security Agreement, dated as of September 2, 2008 (as amended, restated, supplemented or otherwise modified to date, the “Loan Agreement”; all undefined capitalized terms used herein but not defined herein shall have the meanings given to such terms in the Loan Agreement), among PONIARD PHARMACEUTICALS, INC., a Washington corporation (the “Borrower”), GE Business Financial Services Inc. (“GEBFS”) and SILICON VALLEY BANK (“SVB”) (GEBFS and SVB each individually a “Lender”, and collectively the “Lenders”), and GE BUSINESS FINANCIAL SERVICES INC. in its capacity as agent for the Lenders (in such capacity, the “Agent”), and (ii) the other Loan Documents and all guaranties (including that certain Guaranty Agreement and Security Agreement dated September 2, 2008 from NEORX MANUFACTURING GROUP, INC. (the “Guarantor”) in favor of Agent and Lenders), security agreements, mortgages, pledge agreements, account control agreements, notes an
Q&K International Group Limited Re: Payoff Letter Dear Sirs,Payoff Letter • June 3rd, 2022 • Azure Investments LTD • Real estate operators (no developers) & lessors
Reference is hereby made to the US$35,000,000 loan agreement, dated December 18, 2019 (the “Loan Agreement”, as amended, restated or supplemented from time to time), between Q&K International Group Limited as borrower (the “Borrower”) and Azure Investments Ltd. as the lender (the “Lender”). Capitalized terms used but not defined herein shall have the meanings given to them in the Loan Agreement.
FORTRESS CREDIT OPPORTUNITIES I LP DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP c/o Fortress Credit Corp. New York, NY 10105 November 18, 2015Payoff Letter • November 19th, 2015 • Netlist Inc • Semiconductors & related devices
Reference is made to that certain Loan and Security Agreement, dated as of July 18, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among DRB CREDIT FUNDING LLC, a Delaware limited liability company (the “Initial Lender” and together with the other persons from time to time party to the Credit Agreement as lenders, including Fortress Credit Opportunities I LP (“FCO”) and Drawbridge Special Opportunities Fund LP (“Drawbridge”), collectively, “Lender”) and NETLIST, INC., a Delaware corporation (“Borrower”). Capitalized terms used herein but not specifically defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
