EXHIBIT 10.6 WAIVER AND AMENDMENT -------------------- This WAIVER AND AMENDMENT ("Amendment") is made as of this 18th day of December, 2008, by and between CDEX Inc., a Nevada corporation ("Company"), and GEMINI MASTER FUND, LTD., a Cayman Islands...Waiver and Amendment • February 13th, 2009 • Cdex Inc • Measuring & controlling devices, nec • New York
Waiver and AmendmentWaiver and Amendment • October 14th, 2022 • Novo Integrated Sciences, Inc. • Engines & turbines
This Waiver and Amendment (this “Waiver”), dated as of the date first set forth above (the “Waiver Date”), is entered into by and between Novo Integrated Sciences, Inc., a Nevada corporation (the “Company”) and Hudson Bay Master Fund Ltd. (the “Holder”). The Company and Holder may be referred to herein individually as a “Party” and collectively as the “Parties.”
EX-10.02.1 14 d506693dex10021.htm EX-10.02.1 EXECUTION VERSIONWaiver and Amendment • May 5th, 2020 • New York
WAIVER AND AMENDMENT, dated as of March 26, 2018, among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Loan Agreement, dated as of June 27, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), among the Borrower, the lenders party thereto (the “Lenders”) and NATIXIS, NEW YORK BRANCH, as administrative agent under the Loan Agreement (in such capacity, the “Administrative Agent”); the Required Lenders; and the Administrative Agent (this “Agreement”).
WAIVER AND AMENDMENT NO. 3Waiver and Amendment • February 2nd, 2010 • Xerium Technologies Inc • Broadwoven fabric mills, man made fiber & silk • New York
WAIVER AND AMENDMENT NO. 3, dated as of January 29, 2010 (this “Waiver”) by and among Xerium Technologies, Inc. (“Xerium”), a Delaware corporation, XTI LLC (“XTI”), a Delaware limited liability company, Xerium Italia S.p.A. (“Italia SpA”), an Italian società per azioni, Xerium Canada Inc. (“Xerium Canada”), a New Brunswick (Canada) corporation resulting from the amalgamation of Stowe-Woodward/Mount Hope Inc. and Weavexx Corporation, Huyck Wangner Austria GmbH (“Huyck Austria”), an Austrian limited liability company (formerly known as Huyck Austria GmbH), and Xerium Germany Holding GmbH (“Germany Holdings”), a German limited liability company (each of Xerium, XTI, Italia SpA, Xerium Canada, Huyck Austria and Germany Holdings, individually, a “Borrower” and, collectively, the “Borrowers”), certain Subsidiaries (such capitalized terms and all other capitalized terms used herein and not otherwise defined herein have the meanings provided for in the Credit Agreement (as defined below)) of t
WAIVER AND AMENDMENTWaiver and Amendment • December 2nd, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations
This Waiver and Amendment (this “Waiver”) is made effective as of November 29, 2019, by and between Acerus Pharmaceuticals Corporation, a Canadian corporation, having offices at 2486 Dunwin Drive, Mississauga, ON L5L IJ9, Canada (“Acerus”), and Aytu Bioscience, Inc., Delaware corporation, having offices at 373 Inverness Parkway, Suite 206, Englewood, CO 80112 (“Aytu”). Reference is made herein to the Amended and Restated License and Supply Agreement, dated as of July 29, 2019 (the “Agreement”), by and between Acerus and Aytu. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Agreement.
WAIVER AND AMENDMENT NO. 5Waiver and Amendment • October 13th, 2005 • Flowserve Corp • Pumps & pumping equipment • Illinois
This WAIVER AND AMENDMENT NO. 5 (this “Amendment”) is dated as of October 6, 2005, and is entered into by and among FLOWSERVE RECEIVABLES CORPORATION, a Delaware corporation (“SPV”), FLOWSERVE US INC., a Delaware corporation (“Flowserve”), FLOWSERVE CORPORATION, a New York corporation (the “Provider” and together with SPV and Flowserve, the “Flowserve Entities”), the funding sources party hereto as the financial institutions (the “Financial Institutions”), JUPITER SECURITIZATION CORPORATION (together with the Financial Institutions, the “Purchasers”), and JPMORGAN CHASE BANK, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as agent (the “Agent”) for the Purchasers.
WAIVER AND AMENDMENTWaiver and Amendment • June 9th, 2022 • MusclePharm Corp • Pharmaceutical preparations • New York
This Waiver and Amendment dated as of June 3, 2022 (the “Agreement”) is by and between MusclePharm Corporation, a Nevada corporation (the “Company”), and the undersigned, a Purchaser (as defined below) identified on the signature pages hereto. Capitalized terms not defined herein shall have the meanings assigned to them in that certain (i) Securities Purchase Agreement (the “SPA”) dated as of October 13, 2021 by and among the Company and each purchaser identified on the signature pages thereto (each, a “Purchaser” and collectively, the “Purchasers”); (ii) Pledge and Security Agreement (the “Security Agreement”) dated as of October 13, 2021 by the Company and each Subsidiary of the Company listed on the signature pages thereto in favor of Empery Tax Efficient, LP, in its capacity as collateral agent for the Purchasers; (iii) Original Issue Discount Senior Secured Notes (the “October Notes”) dated as of October 13, 2021 issued by the Company to each Purchaser; and (iv) the Common Stock P
WAIVER AND AMENDMENTWaiver and Amendment • October 2nd, 2013 • American Media Inc • Newspapers: publishing or publishing & printing • New York
WAIVER AND AMENDMENT (this “Amendment”), dated as of October 2, 2013, among AMERICAN MEDIA, INC., a Delaware corporation (the “Company”), the subsidiaries of the Company listed on Schedule I hereto (each a guarantor of the Company’s obligations under the Notes (as defined below) and collectively referred to herein as the “Guarantors”) and Chatham Asset Management, LLC (“CAM”) and Omega Charitable Partnership, L.P. (the “Omega Holder”). The holders of the Notes previously identified to the Company that are affiliated with CAM are referred to in this Agreement, collectively, as the “Chatham Holders”. Each Chatham Holder and the Omega Holder is referred to herein as a “Holder” and, collectively, as the “Majority Holders”. References in this Agreement to the Chatham Holders shall be deemed to include CAM, as such Holder’s duly authorized representative, for purposes of fulfilling the Chatham Holders’ obligations hereunder.
WAIVER AND AMENDMENTWaiver and Amendment • October 19th, 2021 • Oyster Point Pharma, Inc. • Biological products, (no disgnostic substances) • New York
This WAIVER AND AMENDMENT (this “Agreement”) is made and entered into as of October 19, 2021, by and among OYSTER POINT PHARMA, INC., a Delaware corporation (the “Borrower”), the lenders party hereto (the “Majority Lenders”) and ORBIMED ROYALTY & CREDIT OPPORTUNITIES III, LP, as administrative agent for the Lenders (as defined below) (in such capacity, the “Agent”).
WAIVER AND AMENDMENT NO. 5 TO AGREEMENTSWaiver and Amendment • November 12th, 2008 • Tarrant Apparel Group • Women's, misses', and juniors outerwear • New York
This WAIVER AND AMENDMENT NO. 5 TO AGREEMENTS (this “Amendment”) is entered into as of August 11, 2008 by and among TARRANT APPAREL GROUP, a corporation organized under the laws of the State of California (“Holding”), FASHION RESOURCE (TCL), INC., a corporation organized under the laws of the State of California (“Fashion”), TAG MEX, INC., a corporation organized under the laws of the State of California (“Tag Inc.”), PRIVATE BRANDS, INC., a corporation organized under the laws of the State of California (“Private”; and together with Holding, Fashion and Tag Inc., each individually a “Borrower” and collectively, the “Borrowers”), the financial institutions which are now or which hereafter become a party to the Loan Agreement (as hereinafter defined) (each a “Lender” and collectively, the “Lenders”), GMAC COMMERCIAL FINANCE LLC, a limited liability company organized under the laws of the State of Delaware (“GMAC CF”), as agent for the Lenders (GMAC CF, in such capacity, “Agent”), and GM
WAIVER AND AMENDMENTWaiver and Amendment • August 10th, 2006 • Infinity Energy Resources, Inc • Oil & gas field services, nec • New York
THIS WAIVER AND AMENDMENT (this “Amendment”) is made as of August 9, 2006, among Infinity Energy Resources, Inc., a Delaware corporation (including as successor to Infinity, Inc., “Infinity”), HFTP Investment L.L.C. (“HFTP”), Gaia Offshore Master Fund, Ltd. (“Gaia”), AG Offshore Convertibles, Ltd. (“AG Offshore”), Leonardo, L.P. (“Leonardo”) and Portside Growth & Opportunity Fund (“Portside” and collectively with HFTP, Gaia and AG Offshore, the “Buyers”), and Consolidated Oil Well Services, Inc., a Kansas corporation and wholly-owned subsidiary of Infinity (“Consolidated”), CIS-Oklahoma, Inc., a Kansas corporation and wholly-owned subsidiary of Infinity (“CIS”), Infinity Oil & Gas of Wyoming, Inc., a Wyoming corporation and wholly-owned subsidiary of Infinity (“Infinity-Wyoming”), Infinity Oil & Gas of Kansas, a Kansas corporation and wholly-owned subsidiary of Infinity (“Infinity-Kansas”), and Infinity Oil and Gas of Texas, Inc., a Delaware corporation and wholly-owned subsidiary of I
SEPTEMBER 2008 WAIVER AND AMENDMENTWaiver and Amendment • September 24th, 2008 • South Texas Oil Co • Crude petroleum & natural gas • New York
THIS SEPTEMBER 2008 WAIVER AND AMENDMENT (this “Agreement”) is made as of September 19, 2008, among South Texas Oil Company, a Nevada corporation (the “Company”), the Subsidiaries, The Longview Fund, L.P., a California limited partnership (“Longview”), and Longview Marquis Master Fund, L.P., a British Virgin Islands limited partnership (“Marquis” and together with Longview, the “Buyers”). Capitalized terms used, but not otherwise defined, herein shall have the meanings ascribed to them in the Purchase Agreement (as defined below).
WAIVER AND AMENDMENT NO. 4 TO AGREEMENTSWaiver and Amendment • August 14th, 2008 • Tarrant Apparel Group • Women's, misses', and juniors outerwear • New York
This WAIVER AND AMENDMENT NO. 4 TO AGREEMENTS (this “Amendment”) is entered into as of May 12, 2008 by and among TARRANT APPAREL GROUP, a corporation organized under the laws of the State of California (“Holding”), FASHION RESOURCE (TCL), INC., a corporation organized under the laws of the State of California (“Fashion”), TAG MEX, INC., a corporation organized under the laws of the State of California (“Tag Inc.”), PRIVATE BRANDS, INC., a corporation organized under the laws of the State of California (“Private”; and together with Holding, Fashion and Tag Inc., each individually a “Borrower” and collectively, the “Borrowers”), the financial institutions which are now or which hereafter become a party to the Loan Agreement (as hereinafter defined) (each a “Lender” and collectively, the “Lenders”), GMAC COMMERCIAL FINANCE LLC, a limited liability company organized under the laws of the State of Delaware (“GMAC CF”), as agent for the Lenders (GMAC CF, in such capacity, “Agent”), and GMAC
RECITALS:Waiver and Amendment • June 12th, 2006 • Swiss Medica Inc • Pharmaceutical preparations • New Jersey
WAIVER AND AMENDMENTWaiver and Amendment • May 2nd, 2016 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Waiver and Amendment (“Waiver”) is entered into as of May 1, 2016, by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”), which is one of the investors listed on the Schedule of Buyers (“Schedule of Buyers”) attached to that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Buyers (the “Buyers”) dated November 5, 2015, as amended (the “SPA”; all capitalized terms used and not defined herein are used as defined in the Notes (as defined in the SPA)) with reference to the following facts:
WAIVER AND AMENDMENTWaiver and Amendment • April 27th, 2010 • Premier Power Renewable Energy, Inc. • Electric & other services combined
This WAIVER AND AMENDMENT (hereinafter, the “Waiver and Amendment”) is made and entered into as of April 24, 2010 by and among Premier Power Renewable Energy, Inc., a Delaware corporation organized under the laws of the State of Delaware (“PPRW”), Rupinvest Sarl, a corporation duly organized and existing under the laws of the country of Luxembourg (“Rupinvest”), Esdras Ltd., a corporation duly organized and existing under the laws of Cyprus (“Esdras”), and Capita Trust Company Limited, a private limited company incorporated in England and Wales with registered number 00239726 (the “Escrow Agent”). PPRW, Rupinvest, Esdras, and the Escrow Agent may collectively be referred to hereafter as the “Parties.”
WAIVER AND AMENDMENTWaiver and Amendment • May 12th, 2020 • Tocagen Inc • Pharmaceutical preparations • Delaware
This Waiver and Amendment (this “Waiver and Amendment”) is entered into on May 11, 2020 by and among Tocagen Inc., a Delaware corporation (“Parent”), Telluride Merger Sub, Inc. a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), and Forte Biosciences, Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company is a “Party,” and collectively, the “Parties.” Capitalized terms used but not otherwise defined in this Waiver and Amendment will have the same meanings ascribed to such terms in the Merger Agreement (as defined below).
WAIVER AND AMENDMENTWaiver and Amendment • July 3rd, 2007 • Furniture Brands International Inc • Household furniture • New York
THIS WAIVER AND AMENDMENT (this “Waiver”) is entered into as of June 29, 2007 by and among FURNITURE BRANDS INTERNATIONAL, INC., a Delaware corporation (“Furniture Brands”), BROYHILL FURNITURE INDUSTRIES, INC., a North Carolina corporation (“Broyhill”), HDM FURNITURE INDUSTRIES, INC., a Delaware corporation (“HDM”), LANE FURNITURE INDUSTRIES, INC., a Mississippi corporation (“Lane”), THOMASVILLE FURNITURE INDUSTRIES, INC., a Delaware corporation (“Thomasville”, and, together with Furniture Brands, HDM, Broyhill and Lane, each a “Borrower,” and, collectively, the “Borrowers”), the Lenders party to the Credit Agreement, and JPMORGAN CHASE BANK, N.A., individually and as Administrative Agent (the “Administrative Agent”).
WAIVER AND AMENDMENTWaiver and Amendment • August 9th, 2016 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Waiver and Amendment (“Waiver”) is entered into as of August ___, 2016, by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”), which is one of the investors listed on the Schedule of Holders (“Schedule of Holders”) attached to that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Holders (the “Holders”) dated November 5, 2015, as amended (the “SPA”; all capitalized terms used and not defined herein are used as defined in the Notes (as defined in the SPA)) with reference to the following facts:
WAIVER AND AMENDMENTWaiver and Amendment • November 16th, 2006 • Interlink Global Corp • Telephone communications (no radiotelephone) • New York
THIS WAIVER AND AMENDMENT ("Waiver") is made and entered into as of this ___th day of September 2006, by and among InterLink Global Corporation, a Nevada corporation (the "Company"), and the undersigned lenders pursuant to the Notes (as defined below).
WAIVER AND AMENDMENTWaiver and Amendment • July 14th, 2003 • Oglebay Norton Co /Ohio/ • Mining & quarrying of nonmetallic minerals (no fuels) • New York
WAIVER AND AMENDMENT dated as of July 9, 2003, by and among Oglebay Norton Company, an Ohio corporation (the “Company”) and the Noteholders signatories hereto. Capitalized terms not otherwise defined in this Waiver and Amendment have the same meanings as specified in the Note Purchase Agreement (as defined below), as hereby amended.
WAIVER AND AMENDMENTWaiver and Amendment • March 14th, 2007 • H&r Block Inc • Services-personal services • New York
THIS WAIVER (the “Waiver”) is entered into as of January _, 2007 by and among OPTION ONE OWNER TRUST 2001-2 (the “Issuer”), OPTION ONE MORTGAGE CORPORATION (“OOMC”) and OPTION ONE MORTGAGE CAPITAL CORPORATION (“OOMCC,” and together with OOMC, the “Loan Originator”) and OOMC as servicer (in such capacity, the “Servicer”), OPTION ONE LOAN WAREHOUSE CORPORATION (the “Depositor,” and together with the Loan Originator and Depositor, the “OO Entities”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”) and the MAJORITY NOTEHOLDERS party hereto. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Sale and Servicing Agreement referred to below.
WAIVER AND AMENDMENT NO. 2Waiver and Amendment • December 14th, 2009 • Xerium Technologies Inc • Broadwoven fabric mills, man made fiber & silk • New York
WAIVER AND AMENDMENT NO. 2, dated as of December 14, 2009 (this “Waiver”) by and among Xerium Technologies, Inc. (“Xerium”), a Delaware corporation, XTI LLC (“XTI”), a Delaware limited liability company, Xerium Italia S.p.A. (“Italia SpA”), an Italian società per azioni, Xerium Canada Inc. (“Xerium Canada”), a New Brunswick (Canada) corporation resulting from the amalgamation of Stowe-Woodward/Mount Hope Inc. and Weavexx Corporation, Huyck Wangner Austria GmbH (“Huyck Austria”), an Austrian limited liability company (formerly known as Huyck Austria GmbH), and Xerium Germany Holding GmbH (“Germany Holdings”), a German limited liability company (each of Xerium, XTI, Italia SpA, Xerium Canada, Huyck Austria and Germany Holdings, individually, a “Borrower” and, collectively, the “Borrowers”), certain Subsidiaries (such capitalized terms and all other capitalized terms used herein and not otherwise defined herein have the meanings provided for in the Credit Agreement (as defined below)) of
WAIVER AND AMENDMENTWaiver and Amendment • June 13th, 2014 • Forest Laboratories Inc • Pharmaceutical preparations • New York
WAIVER AND AMENDMENT (this “Amendment”), dated as of June 12, 2014, between FOREST LABORATORIES, INC., a Delaware corporation (the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee (“Trustee”).
WAIVER AND AMENDMENTWaiver and Amendment • August 5th, 2009 • Premier Power Renewable Energy, Inc. • Electric & other services combined
Re: Waiver and Amendment pursuant to Section 9.12(a) of the Credit Agreement (as defined below) and Section 10.1 of the Account Agreement (as defined in such Credit Agreement) Ladies and Gentlemen:Waiver and Amendment • September 30th, 2009 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This Waiver and Amendment (the “Amendment”) is delivered to you pursuant to (a) Section 9.12(a) of that certain Credit Agreement, dated as of September 25, 2006 (as amended, supplemented and modified from time to time, the “Credit Agreement”), among BFE Operating Company, LLC (“Opco”), Buffalo Lake Energy, LLC (“Buffalo Lake”), Pioneer Trail Energy, LLC (“Pioneer Trail” and, together with Opco and Buffalo Lake, the “Borrowers”), Opco, as Borrowers’ Agent (the “Borrowers’ Agent”), the Lenders party thereto, BNP Paribas, as Administrative Agent and Arranger, and Deutsche Bank Trust Company Americas, as Collateral Agent and (b) Section 10.1 of that certain Collateral Account Agreement, dated as of September 25, 2006 (as amended, supplemented and modified from time to time, the “Account Agreement”), among the Borrowers, the Borrowers’ Agent, Deutsche Bank Trust Company Americas, as Collateral Agent, Depositary Agent and Securities Intermediary. All capitalized terms used herein and not oth
