Provisional Waiver and Consent Agreement Sample Contracts

PROVISIONAL WAIVER AND CONSENT AGREEMENT
Provisional Waiver and Consent Agreement • November 22nd, 2023 • Alpine 4 Holdings, Inc. • Communications equipment, nec

This PROVISIONAL WAIVER AND CONSENT AGREEMENT (this “Agreement”), dated as of November 17, 2023 (the “Effective Date”), is entered into by and between ALPINE 4 HOLDINGS, INC., a Delaware corporation having its principal office at 2525 E. Biltmore Circle C-237, Phoenix, AZ 85016 (“Borrower”), and Mast Hill Fund L.P., a Delaware limited partnership (“Mast”), including its Affiliates as such term is used in and construed under Rule 405 under the Securities Act of 1933 (“Affiliates”, and collectively with Mast, “Mast Hill”).

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PROVISIONAL WAIVER AND CONSENT AGREEMENT
Provisional Waiver and Consent Agreement • October 11th, 2022 • Remark Holdings, Inc. • Communications services, nec • New York

This PROVISIONAL WAIVER AND CONSENT AGREEMENT, dated as of October 6, 2022 (this “Agreement”), is entered into by and between REMARK HOLDINGS, INC., a Delaware corporation having its principal office at 800 S. Commerce Street, Las Vegas, NV 89106 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after the date hereof delivers such a signature page (each a “Guarantor”, collectively, the “Guarantors” and, together with Borrower, the “Loan Parties” and each a “Loan Party”) and MUDRICK CAPITAL MANAGEMENT, LP. and/or one or more managed funds or accounts (collectively and each without differentiation, the “Lender”).

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