Second Amendment and Waiver Sample Contracts

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Second Amendment and Waiver • November 8th, 2005 • Applied Digital Solutions Inc • Communications equipment, nec • New York

SECOND AMENDMENT AND WAIVER, dated as of November 4, 2005 (“Amendment”), to CREDIT AND SECURITY AGREEMENT, dated as of June 29, 2004 (as amended from time to time, the “Credit Agreement”), among INFOTECH USA, INC., a New Jersey corporation, as borrower (the “Borrower”), INFOTECH USA, INC., a Delaware corporation, and INFORMATION TECHNOLOGY SERVICES, INC., a New York corporation, as guarantors (together with the Borrower, the “Obligors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, acting through its Wells Fargo Business Credit operating division (the “Lender”). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement.

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • August 21st, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • New York

SECOND AMENDMENT AND WAIVER (this “Amendment”), dated as of August 15, 2007, by and among CRYSTAL RIVER CAPITAL, INC., a corporation organized under the laws of the State of Maryland (“Borrower”), BANK HAPOALIM B.M. (“BHBM”) and SIGNATURE BANK (“Signature”; each of BHBM and Signature, a “Lender” and, collectively, the “Lenders”), and Signature as administrative agent for Lenders (in such capacity, the “Agent”). Terms which are capitalized in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement (as defined below).

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • August 30th, 2002 • Recoton Corp • Electronic components, nec • New York

SECOND AMENDMENT AND WAIVER dated as of August 28, 2002 but effective as of August 19, 2002 (this “Agreement”) to the Credit Agreement, dated of October 31, 2000 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) among RECOTON CORPORATION, a New York corporation (“Recoton”), INTERACT ACCESSORIES, INC., a Delaware corporation, RECOTON AUDIO CORPORATION, a Delaware corporation, AAMP OF FLORIDA, INC., a Florida corporation, RECOTON HOME AUDIO, INC., a California corporation, RECOTON ACCESSORIES, INC., a Delaware corporation, and RECOTON MOBILE ELECTRONICS, INC., a Delaware corporation (collectively with Recoton, the “Borrowers”), the Guarantors identified therein, and the lenders from time to time a party thereto (the “Lenders”), and JPMORGAN CHASE BANK (formerly The Chase Manhattan Bank), a New York banking corporation, as Administrative Agent to the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not other

SECOND AMENDMENT AND WAIVER, dated as of June 7, 2004
Second Amendment and Waiver • August 16th, 2004 • Rotech Healthcare Inc • Services-miscellaneous equipment rental & leasing • New York

(this “Amendment”), to the Credit Agreement, dated as of March 26, 2002 (as amended by the Amendment dated as of December 31, 2002 and as further amended, supplemented or modified from time to time, the “Credit Agreement”), among ROTECH HEALTHCARE INC., a Delaware corporation (the “Borrower”), the Lenders parties thereto, UBS WARBURG LLC and GOLDMAN SACHS CREDIT PARTNERS L.P., as joint lead arrangers and joint bookrunners (the “Arrangers”), GOLDMAN SACHS CREDIT PARTNERS L.P., as Syndication Agent, THE BANK OF NOVA SCOTIA, DEUTSCHE BANK SECURITIES INC. (formerly known as Deutsche Banc Alex. Brown Inc.) and GENERAL ELECTRIC CAPITAL CORPORATION, as Co-Documentation Agents, GENERAL ELECTRIC CAPITAL CORPORATION, as Collateral Agent, and UBS AG, STAMFORD BRANCH, as Administrative Agent.

Contract
Second Amendment and Waiver • November 4th, 2009 • Capitalsource Inc • Miscellaneous business credit institution • New York

SECOND AMENDMENT AND WAIVER, dated as of August 28, 2009 (this “Amendment”), to the Second Amended and Restated Sale and Servicing Agreement dated as of June 16, 2009 (as amended by that certain First Amendment and Consent dated as of July 14, 2009, and as further amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), by and among CS Funding VII Depositor LLC, as the seller (the “Seller”), CapitalSource Finance LLC, as the originator (the “Originator”), and as the servicer (the “Servicer”), each of the Issuers from time to time party thereto (collectively, the “Issuers”), each of the Liquidity Banks from time to time party thereto (collectively, the “Liquidity Banks”), Citicorp North America, Inc., as the administrative agent for the Issuers and Liquidity Banks thereunder (the “Administrative Agent”), and Wells Fargo Bank, National Association, not in its individual capacity but as the backup servicer (the “Backup Servicer”), and not in its individua

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • June 30th, 2003 • Aes Gener Inc • Electric & other services combined • New York

Amendment and Waiver dated as of August 27, 2002, among CHIVOR S.A. E.S.P., as Borrower, the financial institutions parties to the Prior Credit Agreement (as defined below), and BANK OF AMERICA, N.A., as Administrative Agent and as Collateral Agent. Capitalized terms used herein and not defined herein shall have the respective meanings provided in Section 1.1.

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • October 3rd, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This SECOND AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of September 29, 2017 by XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (the “Company”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”) and ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities” and, together with ROS, collectively, the “Holders”).

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • February 12th, 2021 • Charge Enterprises, Inc. • Trucking & courier services (no air)

This Second Amendment and Waiver (this “Amendment”) is made and entered into as of December 8, 2020 by and among Transworld Holdings, Inc., a Delaware corporation (which was formerly known as GoIP Global, Inc., a Colorado corporation) (the “Company”) and the purchasers signatory to the Purchase Agreement (as defined below) (each a, “Purchaser” and collectively, the “Purchasers”).

Second Amendment and Waiver dated as of August 1, 2011 among Cornerstone Healthcare Plus Operating Partnership, L.P., as the Borrower, Cornerstone Healthcare Plus Reit, Inc., Hedgcoxe MOB, LP, Floral Vale, LLC Floral Vale TRS, LLC, Forestview Manor,...
Second Amendment and Waiver • August 4th, 2011 • Cornerstone Healthcare Plus Reit, Inc. • Real estate investment trusts • New York

This Second Amendment and Waiver dated as of August 1, 2011 (this “Amendment") is entered into among Cornerstone Healthcare Plus Operating Partnership, L.P., a limited partnership organized under the laws of the State of Delaware (the “Borrower"), Cornerstone Healthcare Plus REIT, INC., a Maryland corporation, Hedgcoxe MOB, LP, a limited partnership organized under the laws of Delaware, Floral Vale, LLC, a limited liability company organized under the laws of Delaware, Floral Vale TRS, LLC, a limited liability company organized under the laws of Delaware, Forestview Manor, LLC, a limited liability company organized under the laws of Delaware, Forestview Manor TRS, LLC, a limited liability company organized under the laws of Delaware, Greentree Acquisition, LLC, a limited liability company organized under the laws of Delaware, Greentree Acquisition TRS, LLC, a limited liability company organized under the laws of Delaware (each a “Guarantor” and collectively, the “Guarantors"); the seve

Contract
Second Amendment and Waiver • November 4th, 2009 • Capitalsource Inc • Miscellaneous business credit institution • New York

SECOND AMENDMENT AND WAIVER, dated as of August 28, 2009 (this “Amendment”), to the Fourth Amended and Restated Sale and Servicing Agreement dated as of June 16, 2009 (as amended by that certain First Amendment dated as of July 14, 2009, and as further amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), by and among CapitalSource Real Estate Loan LLC, 2007-A, as the seller (the “Seller”), CSE Mortgage LLC, as the originator (the “Originator”), and as the servicer (the “Servicer”), each of the Issuers from time to time party thereto (collectively, the “Issuers”), each of the Liquidity Banks from time to time party thereto (collectively, the “Liquidity Banks”), Citicorp North America, Inc., as the administrative agent for the Issuers and Liquidity Banks thereunder (the “Administrative Agent”), and Wells Fargo Bank, National Association, not in its individual capacity but as the backup servicer (the “Backup Servicer”), and not in its individual capac

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • February 11th, 2003 • Manitowoc Co Inc • Construction machinery & equip • New York

SECOND AMENDMENT AND WAIVER (this "Amendment"), dated as of February 4, 2003, among THE MANITOWOC COMPANY, INC., a Wisconsin corporation (the "Borrower"), the lending institutions from time to time party to the Credit Agreement referred to below (the "Lenders") and DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company), as Administrative Agent (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.

Contract
Second Amendment and Waiver • April 15th, 2014 • Orbit International Corp • Electronic components, nec • New York

SECOND AMENDMENT AND WAIVER, dated as of April 9, 2014 (this "Amendment and Waiver") to the CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified, from time to time, the "Credit Agreement"), dated as of November 8, 2012, among ORBIT INTERNATIONAL CORP., a Delaware corporation ("Orbit"), BEHLMAN ELECTRONICS, INC., a Delaware corporation ("Behlman"), TULIP DEVELOPMENT LABORATORY, INC., a Pennsylvania corporation ("Tulip") and INTEGRATED CONSULTING SERVICES, INC., a Kentucky corporation ("Integrated", and together with Orbit, Behlman and Tulip, each a "Borrower" and collectively, the "Borrowers"), and PEOPLE'S UNITED BANK, a Federally chartered savings bank (the "Bank")

Contract
Second Amendment and Waiver • June 9th, 2008 • Alloy Inc • Services-advertising agencies • New York

SECOND AMENDMENT AND WAIVER, dated as of May 22, 2008 (this “Amendment and Waiver”), to the Credit Agreement, dated of August 15, 2007 (as amended, restated, modified or otherwise supplemented, from time to time, the “Credit Agreement”), among ALLOY, INC., a Delaware corporation (“Borrower”), the Lenders party thereto and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • June 30th, 2023 • Urban One, Inc. • Radio broadcasting stations • New York

This SECOND AMENDMENT AND WAIVER (this “Amendment”), dated as of June 5, 2023, is among URBAN ONE, INC., a Delaware corporation (the “Administrative Borrower”), the other Borrowers and Subsidiary Guarantors party hereto, the Lenders party hereto (constituting the Required Lenders), and BANK OF AMERICA, N.A., as Administrative Agent.

COPY- SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • February 8th, 2008 • Halifax Corp of Virginia • Services-computer programming, data processing, etc. • Maryland

This SECOND AMENDMENT AND WAIVER (this “Amendment”) is entered into as of January 31, 2008, among HALIFAX CORPORATION OF VIRGINIA, f/k/a Halifax Corporation, a Virginia corporation (“Halifax”), HALIFAX ENGINEERING, INC., a Virginia corporation (“Engineering”), MICROSERV LLC, a Delaware limited liability company (“Microserv”) and HALIFAX ALPHANATIONAL ACQUISITION, INC., a Delaware corporation (“AlphaNational”; collectively with Halifax, Engineering and Microserv, “Borrower”), and PROVIDENT BANK, a Maryland banking corporation (“Bank”).

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