Waiver and Agreement Sample Contracts

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WAIVER AND AGREEMENT
Waiver and Agreement • December 4th, 2009 • Pinnacle Gas Resources, Inc. • Crude petroleum & natural gas • New York

This WAIVER AND AGREEMENT (“Agreement”), dated as of December 1, 2009, is by and among PINNACLE GAS RESOURCES, INC., a Delaware corporation, the Lenders from time to time party hereto, and THE ROYAL BANK OF SCOTLAND plc, as Administrative Agent and as Lender.

SEVENTEENTH WAIVER AND AGREEMENT
Waiver and Agreement • November 30th, 2020 • Genworth Financial Inc • Life insurance

This SEVENTEENTH WAIVER AND AGREEMENT, dated as of November 30, 2020 (this “Waiver”), is by and among Genworth Financial, Inc., a Delaware corporation (the “Company”), Asia Pacific Global Capital Co., Ltd., a limited liability company incorporated in the People’s Republic of China (“Parent”), and Asia Pacific Global Capital USA Corporation, a Delaware corporation (“Merger Sub”) (each of the Company, Parent and Merger Sub, a “Party” and collectively, the “Parties”). Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Merger Agreement (as defined below).

WAIVER AND AGREEMENT
Waiver and Agreement • April 1st, 2024 • Acuitas Group Holdings, LLC • Services-misc health & allied services, nec • New York

THIS WAIVER AND AGREEMENT (this “Waiver”) is entered into effective as of March 28, 2024, by Humanitario Capital LLC, a Puerto Rico limited liability company (the “Purchaser”), in favor of Ontrak, Inc., a Delaware corporation (“Company”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Private Placement Warrant (as such term is defined below).

Contract
Waiver and Agreement • July 17th, 2007 • Washington Group International Inc • Services-engineering services • New York

WAIVER AND AGREEMENT dated as of July 13, 2007 (this “Waiver”), to the Second Amended and Restated Credit Agreement dated as of June 14, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Washington Group International, Inc., a Delaware corporation (the “Borrower”), the Lenders (as defined in Article I of the Credit Agreement) and Credit Suisse (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

WAIVER AND AGREEMENT
Waiver and Agreement • August 8th, 2023

In consideration of being accepted as a participant, including teachers, of the 2023-2024 Dance Masters of California Chapter #13, Inc., I do hereby release the Dance Masters of California Chapter #13, Inc., the Officers of the Organization, Directors and Assistants of the Competition, and any facilities used for Dance Masters of California Chapter #13, Inc. functions from any and all claims for damages or injuries, which the entrant may sustain while participating as a contestant in any activity connected with this competition and or convention. I have also read the Official Rules and Regulations of the Dance Masters of California Chapter #13, Inc., and do hereby agree to comply with said rules and regulations now in effect or as announced thereafter.

SECOND WAIVER AND AGREEMENT
Waiver and Agreement • November 29th, 2017 • Genworth Financial Inc • Life insurance

This SECOND WAIVER AND AGREEMENT, dated as of November 29, 2017 (this “Agreement”), is by and among Genworth Financial, Inc., a Delaware corporation (the “Company”), Asia Pacific Global Capital Co., Ltd., a limited liability company incorporated in the People’s Republic of China (“Parent”), and Asia Pacific Global Capital USA Corporation, a Delaware corporation (“Merger Sub”) (each of the Company, Parent and Merger Sub, a “Party” and collectively, the “Parties”). Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Merger Agreement (as defined below).

WAIVER AND AGREEMENT
Waiver and Agreement • August 21st, 2017 • Genworth Financial Inc • Life insurance

This WAIVER AND AGREEMENT, dated as of August 21, 2017 (this “Agreement”), is by and between Genworth Financial, Inc., a Delaware corporation (the “Company”), Asia Pacific Global Capital Co., Ltd., a limited liability company incorporated in the People’s Republic of China (“Parent”) and Asia Pacific Global Capital USA Corporation, a Delaware corporation (“Merger Sub”) (each of the Company, Parent and Merger Sub, a “Party” and collectively, the “Parties”). Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Merger Agreement (as defined below).

Contract
Waiver and Agreement • January 13th, 2019
FORM OF WAIVER AND AGREEMENT
Waiver and Agreement • September 25th, 2006 • ITC Holdings Corp. • Electric services • Michigan

This Waiver and Agreement, dated as of the day of 2006 (this "Agreement") is being entered into by and between ITC HOLDINGS CORP., a corporation incorporated under the laws of the State of Michigan (the "Company") and the person identified on Schedule A hereto (each such person, the "Employee"). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Management Stockholder's Agreement entered into by and between the Company and the Employee (the "Stockholder's Agreement").

WAIVER AND AGREEMENT
Waiver and Agreement • March 12th, 2009 • Quantum Fuel Systems Technologies Worldwide Inc • Motor vehicle parts & accessories

THIS WAIVER AND AGREEMENT (“Waiver”) is made and entered into this 12th day of March 2009, by and between WB QT, LLC, a Delaware limited liability company (“Lender”) and Quantum Fuel Systems Technologies Worldwide, Inc., a Delaware corporation (“Borrower”).

OIL PRODUCER FILING WAIVER AND AGREEMENT
Waiver and Agreement • March 10th, 2022

This agreement is made as of the effective date (below), by and between the Producer or Operator, named below, (hereinafter "Producer") and the North Dakota State Tax Commissioner ("Commissioner").

WAIVER AND AGREEMENT
Waiver and Agreement • May 10th, 2004 • Impco Technologies Inc • Motor vehicle parts & accessories

THIS WAIVER AND AGREEMENT (this “Waiver and Agreement”), dated May 7, 2004, is by and among LASALLE BUSINESS CREDIT, LLC, a Delaware limited liability company (“LaSalle”), the financial institutions which from time to time become a party to the Loan Agreement, hereinafter defined (collectively, the “Lenders” and individually, a “Lender”), LaSalle as agent for Lenders (in such capacity, “Agent”), and IMPCO TECHNOLOGIES, INC., a Delaware corporation (“Borrower”).

WAIVER AND AGREEMENT
Waiver and Agreement • June 1st, 2021

This Waiver and Agreement shall run with the land and be binding upon all future owners, their heirs, successors, and assigns to such property.

WAIVER AND AGREEMENT NO. 1 TO INDENTURE
Waiver and Agreement • June 4th, 2007 • Insight Health Services Holdings Corp • Services-medical laboratories • New York

WAIVER AND AGREEMENT NO. 1, dated as of May 29, 2007 (this “Agreement”), to that certain Indenture, dated as of September 22, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the “Indenture”) among InSight Health Services Corp., a Delaware corporation (the “Company”), InSight Health Services Holdings Corp., a Delaware corporation (the “Parent”), the Subsidiary Guarantors (as defined therein) and U.S. Bank National Association, a national banking association, as trustee (in such capacity, the “Trustee”) for the Senior Secured Floating Rate Notes due 2011.

FIRST AMENDMENT TO WAIVER AND AGREEMENT
Waiver and Agreement • May 6th, 2009 • Mercantile Bancorp, Inc. • National commercial banks • Illinois

This First Amendment (the “First Amendment”) to Waiver and Agreement dated as of March 13, 2009 (the “Waiver”) between Mercantile Bancorp, Inc., a Delaware corporation (the “Borrower”), and Great River Bancshares, Inc., a Nevada corporation (the “Lender”), is made and entered into as of April 30, 2009 by and between the Borrower and the Lender.

WAIVER AND AGREEMENT
Waiver and Agreement • August 3rd, 2022 • Waldencast PLC • Perfumes, cosmetics & other toilet preparations • New York

This Waiver and Agreement (this “Agreement”), dated as of July 25, 2022, is being provided by Waldencast Acquisition Corp., a Cayman Islands exempted company and which following the Domestication, shall become Waldencast plc, a Jersey public limited company (the “Company”), to the undersigned Insider (as defined in the Letter Agreement referred to below) and shareholder of the Company. Unless otherwise stated herein, capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Company’s Registration Statement on Form F-4 filed with the Securities and Exchange Commission by the Company, as amended, effective as of July 6, 2022 (File No. 333-262692) (the “Registration Statement”).

WAIVER AND AGREEMENT
Waiver and Agreement • May 22nd, 2023 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc.

This Waiver and Agreement (this “Waiver and Agreement”) is entered into as of May 19, 2023 by and among (i) Cyxtera Technologies, Inc., a Delaware corporation (f/k/a Starboard Value Acquisition Corp.) (the “Company”), (ii) BCEC-SIS Holdings L.P., a Delaware limited partnership (the “BC Stockholder”), and (iii) SVAC Sponsor LLC, a Delaware limited liability company (the “Starboard Sponsor”). Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Stockholders Agreement (as defined below).

Contract
Waiver and Agreement • April 20th, 2010 • Liberty Media Corp • Cable & other pay television services

THIS WAIVER AND AGREEMENT (this “Agreement”) is entered into as of this 22nd day of March, 2010 by and among ViaSat, Inc., a Delaware corporation (“ViaSat”), and certain persons listed on Schedule A hereto (such persons, the “Selling Stockholders”).

Waiver and Agreement
Waiver and Agreement • March 25th, 2010 • New Hampshire

THIS WAIVER AND AGREEMENT, dated as of February 16, 2010 (the “Agreement”), to the Indenture (defined below) is among Unitil Energy Systems, Inc., a New Hampshire corporation (the “Company”), U.S. Bank National Association, a national banking association, having an office and place of business in Boston, Massachusetts (the “Trustee”), and each of the institutions which is a signatory to this Agreement (collectively, the “Bondholders”).

WAIVER AND AGREEMENT
Waiver and Agreement • November 19th, 2008 • TXP Corp • Electronic & other electrical equipment (no computer equip)

THIS WAIVER AND AGREEMENT (this “Waiver”), is entered into by and between TXP CORPORATION, a Nevada corporation (the “Company”), and YA GLOBAL INVESTMENTS, LP (“YA Global”) on November 18, 2008.

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University of Guelph Child Care and Learning Centre Waiver and Agreement
Waiver and Agreement • October 3rd, 2022

At the University of Guelph Child Care and Learning Centre (CCLC), we support children in becoming confident, capable people who have a sound sense of their abilities and interests, and the ability to take age-appropriate responsibility for their own safety. Educators, parents, public health professionals, and child development experts are concerned that children today spend less time playing and learning outdoors, with damaging results for them and society. For this reason, unstructured outdoor play and learning are central to the CCLC’s early learning program.

WAIVER AND AGREEMENT – MATHPATH 2021
Waiver and Agreement • March 15th, 2021

This Waiver and Agreement concerns MathPath 2021, an online summer program. MathPath 2021 is a program of the MathPath Foundation (hereafter just “MathPath”), a Michigan nonprofit corporation, with current primary location at 127 Pomona Ave, El Cerrito, CA 94530.

WAIVER AND AGREEMENT
Waiver and Agreement • December 28th, 2007 • Anthracite Capital Inc • Real estate investment trusts • New York

WAIVER AND AGREEMENT, dated as of December 28, 2007 (this “Waiver and Agreement”), regarding (a) the Guaranty (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Guaranty”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Guaranty”), dated as of March 17, 2006, executed by ANTHRACITE CAPITAL, INC. (“Anthracite”) as guarantor (the “Guarantor”) in favor of BANK OF AMERICA, N.A. as the lender (the “Lender”) under the Credit Agreement (as defined below) and (b) the Credit Agreement, dated as of March 17, 2006 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) among AHR CAPITAL BOFA LIMITED, a limited company organized under the laws of Ireland, as a borrower, Anth

WAIVER AND AGREEMENT
Waiver and Agreement • May 21st, 2007 • IQ Micro Inc. • Wholesale-professional & commercial equipment & supplies
TWELFTH WAIVER AND AGREEMENT
Waiver and Agreement • August 13th, 2019 • Genworth Financial Inc • Life insurance

This TWELFTH WAIVER AND AGREEMENT, dated as of August 12, 2019 (this “Waiver”), is by and among Genworth Financial, Inc., a Delaware corporation (the “Company”), Asia Pacific Global Capital Co., Ltd., a limited liability company incorporated in the People’s Republic of China (“Parent”), and Asia Pacific Global Capital USA Corporation, a Delaware corporation (“Merger Sub”) (each of the Company, Parent and Merger Sub, a “Party” and collectively, the “Parties”). Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Merger Agreement (as defined below).

WAIVER AND AGREEMENT
Waiver and Agreement • November 13th, 2024 • American Healthcare REIT, Inc. • Real estate investment trusts • Delaware

This Waiver and Agreement (this “Waiver”), is entered into as of August 30, 2024 (the “Effective Date”), by and among (i) GAHC3 Trilogy JV, LLC, a Delaware limited liability company (“Buyer”), (ii) American Healthcare REIT, Inc., a Maryland corporation (“Issuer”), and (iii) Trilogy Holdings NT-HCI, LLC, a Delaware limited liability company (“Seller,” and together with Buyer and Issuer, the “Parties,” and each individually, a “Party”). Capitalized terms used but not otherwise defined herein shall have their respective meaning as set forth in the Purchase Agreement (as defined below).

WAIVER AND AGREEMENT TO
Waiver and Agreement • March 3rd, 2016 • International Shipholding Corp • Deep sea foreign transportation of freight • New York

THIS WAIVER AND AGREEMENT (this "Waiver and Agreement") is dated as of September 30, 2015, by and among (1) DRY BULK AMERICAS LTD., a corporation organized and existing under the laws of the British Virgin Islands ("Dry Bulk Americas") and DRY BULK AUSTRALIA LTD., a corporation organized and existing under the laws of the British Virgin Islands ("Dry Bulk Australia"), as joint and several borrowers (the "Borrowers" and each a "Borrower"), (2) INTERNATIONAL SHIPHOLDING CORPORATION, a corporation organized and existing under the laws of the State of Delaware, as guarantor (the "Guarantor"), (3) the banks and financial institutions listed on Schedule I to the Facility Agreement (as defined below), as lenders (together with any bank or financial institution which becomes a Lender pursuant to Section 12 of the Facility Agreement, as defined below, the "Lenders" and each a "Lender"), and (4) ING BANK N.V., London branch, as facility agent (in such capacity including any successor thereto, th

WAIVER AND AGREEMENT
Waiver and Agreement • October 29th, 2009 • Pinnacle Gas Resources, Inc. • Crude petroleum & natural gas • New York

This WAIVER AND AGREEMENT (“Agreement”), dated as of October 26, 2009, is by and among PINNACLE GAS RESOURCES, INC., a Delaware corporation, the Lenders from time to time party hereto, and THE ROYAL BANK OF SCOTLAND plc, as Administrative Agent and as Lender.

RECITALS:
Waiver and Agreement • October 11th, 2001 • Patriot Scientific Corp • Communications equipment, nec
WAIVER AND AGREEMENT
Waiver and Agreement • July 13th, 2020 • Black Cactus Global, Inc. • Services-nursing & personal care facilities • Florida

THIS WAIVER AND AGREEMENT, dated as of June 29, 2020 (this “Agreement”), by and between BLACK CACTUS GLOBAL, INC., a Florida corporation (“BLGI”), and Charteris, Mackie, Baillie and Cummins Limited, a company incorporated under the laws of England and Wales (“CMBC”).

St. Paul Park Heritage Days Festival Parade Waiver and Agreement
Waiver and Agreement • May 4th, 2022

I/we as representatives and members of the undersigned unit/organization, have agreed for our benefit to participate in the St. Paul

WAIVER AND AGREEMENT
Waiver and Agreement • August 7th, 2006 • Futuremedia PLC • Services-prepackaged software

THIS WAIVER AND AGREEMENT (the “Waiver”) is made and entered into effective as of July 31, 2006, in connection with that certain Registration Rights Agreement (the “Agreement”) dated July 21, 2005, by and among FUTUREMEDIA PLC, a corporation organized and existing under the laws of England and Wales (the “Company”) and MERCATOR MOMENTUM FUND, L.P., MERCATOR MOMENTUM FUND III, L.P, MONARCH POINTE FUND, LTD. and M.A.G. CAPITAL, LLC (the “Investors”).

WAIVER AND AGREEMENT TO THE SGI PARTNERSHIP CREDIT AGREEMENT DATED JULY 27, 2019
Waiver and Agreement • March 31st, 2020 • Sundial Growers Inc. • Medicinal chemicals & botanical products
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