Third Amendment and Waiver Sample Contracts

W I T N E S S E T H :
Third Amendment and Waiver • August 13th, 1999 • Caribiner International Inc • Services-business services, nec • New York
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THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York

CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER INCORPORATED, a Delaware corporation (the "Original Borrower"), together with each additional borrower that becomes a party hereto pursuant to the terms hereof, as borrower, the lenders who are party to this Agreement or who may become a party to this Agreement pursuant to Section 13.10 hereof, as Lenders, and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.

THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York

CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER CANADIAN FOREST PRODUCTS INC., a Canadian corporation, as Borrower (the "Borrower"), BOWATER INCORPORATED, a Delaware corporation, as a Guarantor (the "Original U.S. Borrower"), the lenders who are party to this Agreement or who may become a party to this Agreement pursuant to Section 14.10 hereof, as Lenders, and THE BANK OF NOVA SCOTIA, as Administrative Agent for the Lenders.

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

THIRD AMENDMENT AND WAIVER, dated as of June 4, 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.

THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • May 6th, 2008 • Halifax Corp of Virginia • Services-computer programming, data processing, etc. • Maryland

This THIRD AMENDMENT AND WAIVER (this “Amendment”) is entered into as of April 30, 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”).

THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • July 30th, 2003 • Manitowoc Co Inc • Construction machinery & equip • New York

THIRD AMENDMENT AND WAIVER (this "Amendment"), dated as of July 23, 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.

THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • October 31st, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This THIRD AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of October 31, 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”).

Third Amendment and Waiver Dated as of April 27, 2007 to Second Amended and Restated Receivables Loan Agreement
Third Amendment and Waiver • May 2nd, 2008 • Borgwarner Inc • Motor vehicle parts & accessories • Illinois

This Third Amendment and Waiver (the “Amendment”), dated as of April 27, 2007, is entered into among BWA Receivables Corporation (the “Borrower”), BorgWarner Inc. (“BWI” and in its capacity as Collection Agent, the “Collection Agent”), Windmill Funding Corporation, a Delaware corporation (“Windmill”), the Bank listed on the signature page hereof (the “Bank”) and ABN AMRO Bank N.V., as agent for Windmill, and the Bank (the “Agent”).

THIRD AMENDMENT AND WAIVER dated as of June 11, 2007 (this “Amendment”) to the Credit Agreement dated as of December 22, 2003 (as amended by the First Amendment dated as of February 1, 2006, as amended by the Second Amendment dated as of April 26,...
Third Amendment and Waiver • March 12th, 2008 • Blackstone Group L.P. • Investment advice • New York

WHEREAS the Borrower has requested that the Lenders (a) waive compliance with the provisions of the Loan Documents to the extent necessary to permit the initial public offering (the “IPO”) of the shares of common stock of the Blackstone Group L.P. (the “Issuer”) as more fully described in the Amendment No. 4 to the Form S-1 filed on June 11, 2007 by the Issuer with the SEC, (b) waive any inaccuracies in the representations and warranties set forth in Article III of the Credit Agreement to the extent that such inaccuracies result from the consummation of the IPO, (c) waive compliance with paragraphs (a) through (e) of Section 5.04, (d) waive compliance with Section 5.10 of Article V and Article VI of the Credit Agreement and (e) waive compliance with any provision of the Loan Documents to the extent such provision requires the existence of the Borrowing Base, in each case, through (and including) the Waiver Termination Date (as defined below). The waivers described to in this recital ar

THIRD AMENDMENT AND WAIVER
Third Amendment and Waiver • March 29th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products • New York

THIRD AMENDMENT AND WAIVER (this “Amendment”), dated as of November 12, 2001, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limit

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