WAIVER AND CONSENTWaiver and Consent • June 14th, 2007 • Talbots Inc • Retail-women's clothing stores
EX-10.1 2 d723915dex101.htm EX-10.1 EXECUTION VERSIONWaiver and Consent • May 5th, 2020 • New York
WAIVER AND CONSENT NO. 1 dated as of March 22, 2019 (this “Waiver”), among THE KRAFT HEINZ COMPANY, a Delaware corporation (“Kraft Heinz”), KRAFT HEINZ FOODS COMPANY, a Pennsylvania limited liability company (the “Parent Borrower”), the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the “Administrative Agent”).
WAIVER AND CONSENTWaiver and Consent • August 3rd, 2009 • Wynn Stephen A
This WAIVER AND CONSENT (this "Waiver and Consent"), dated as of the 31st day of July, 2009, is entered into by and among Stephen A. Wynn ("Wynn"), an individual, Baron Investment Funds Trust (formerly known as Baron Asset Fund) ("Baron"), a Massachusetts business trust, and Aruze USA, Inc., a Nevada corporation ("Aruze").
November 16, 2021 RE: Oasis Waiver and ConsentWaiver and Consent • December 16th, 2021 • Digital Brands Group, Inc. • Retail-apparel & accessory stores
Reference is made to that certain (i) Securities Purchase Agreement dated as of November 16, 2021 (the “Agreement”), by and between Digital Brands Group, Inc., a Delaware corporation (the “Company”), and FirstFire Global Opportunities Fund, LLC, a Delaware limited liability company (“FirstFire”), providing for, among other things, the issuance of a Convertible Promissory Note in the principal amount of US$2,625,000 (the “Note”), convertible into shares of common stock of the Company (“Common Stock), (ii) Amended and Restated Securities Purchase Agreement dated as of October 1, 2021 (the “Oasis/FirstFire Purchase Agreement”) by and among the Company, FirstFire and Oasis Capital, LLC, a Puerto Rico limited liability company (“Oasis”), and (iii) Registration Rights Agreement, dated August 27, 2021, as amended by the Joinder Agreement and Amendment dated October 1, 2021 (as amended, the “RRA”) among the Company, Oasis and FirstFire. Capitalized terms used but not defined herein shall have
WAIVER AND CONSENTWaiver and Consent • October 12th, 2023 • Marizyme, Inc. • Pharmaceutical preparations
This WAIVER AND CONSENT (this “Waiver and Consent”) is made and entered into as of July 21, 2023 by and between Marizyme, Inc., a Nevada corporation (the “Company”) and Alessandro Solimeo, an individual (the “Investor”).
November 16, 2021 RE: FirstFire Waiver and ConsentWaiver and Consent • December 16th, 2021 • Digital Brands Group, Inc. • Retail-apparel & accessory stores
Reference is made to that certain (i) Securities Purchase Agreement dated as of November 16, 2021 (the “Agreement”), by and between Digital Brands Group, Inc. (the “Company”) and FirstFire Global Opportunities Fund, LLC, a Delaware limited liability company (“FirstFire”), providing for, among other things, the issuance of a Convertible Promissory Note in the principal amount of US$2,625,000 (the “Note”), convertible into shares of common stock of the Company (“Common Stock), (ii) Amended and Restated Securities Purchase Agreement dated as of October 1, 2021 (the “Oasis/FirstFire Purchase Agreement”) by and among the Company, FirstFire and Oasis Capital, LLC, a Puerto Rico limited liability company (“Oasis”), and (iii) Registration Rights Agreement, dated August 27, 2021, as amended by the Joinder Agreement and Amendment dated October 1, 2021 (as amended, the “RRA”) among the Company, Oasis and FirstFire. Capitalized terms used but not defined herein shall have the meanings set forth in
WAIVER AND CONSENTWaiver and Consent • November 9th, 2015 • Hertz Global Holdings Inc • Services-auto rental & leasing (no drivers) • New York
EX-99.14 2 a12-23127_1ex99d14.htm EX-99.14 WAIVER AND CONSENTWaiver and Consent • May 5th, 2020 • New York
This WAIVER AND CONSENT (this “Waiver”) is dated as of September 20, 2012 by and among CHINA CORD BLOOD CORPORATION, an exempted company with limited liability incorporated in the Cayman Islands with its registered office at Codan Trust Company (Cayman) Limited, Cricket Square, Hutchins Drive, PO Box 2681, Grand Cayman KY1-1111, Cayman Islands (the “Company”), and KKR CHINA HEALTHCARE INVESTMENT LIMITED, an exempted company with limited liability incorporated in the Cayman Islands with its registered office at c/o Maples Corporate Services Limited, PO Box 309, Ugland House, Grand Cayman KY1-1104, Cayman Islands (the “Investor”).
WAIVER AND CONSENTWaiver and Consent • December 23rd, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated December 19, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and ComVest Capital, LLC (the “Warrant Holder”).
Waiver and ConsentWaiver and Consent • March 3rd, 2008 • China Solar & Clean Energy Solutions, Inc. • Household appliances
Reference is made to that certain Securities Purchase Agreement, dated as of June 13, 2007 (the “SPA”), by and among China Solar & Clean Energy, Inc., a Nevada corporation (the “Company”), and the investors listed on the schedule attached thereto (the “Investors”).
EX-10.1 2 a17-28463_1ex10d1.htm EX-10.1 Execution Version WAIVER AND CONSENTWaiver and Consent • May 5th, 2020 • New York
THIS WAIVER AND CONSENT, dated as of December 14, 2017 (this “Waiver”), by and among Avinger, Inc., a Delaware corporation (“Borrower”), and the lenders party to the Loan Agreement referred to below. All capitalized terms used herein without definition shall have the same meanings as set forth in the Loan Agreement.
ADOBE SYSTEMS, INC. WAIVER AND CONSENT December 12, 2016Waiver and Consent • December 15th, 2016 • Adobe Systems Inc • Services-prepackaged software • Delaware
THIS WAIVER (this “Waiver”) is made as of the date first set forth above, by and among Adobe Systems Incorporated, a Delaware corporation (the “Parent”), Tiger Acquisition Corporation, a Delaware Corporation (“Merger Sub”) and [ ] (the “Transferor”). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Tender and Support Agreement (as defined below).
WAIVER AND CONSENTWaiver and Consent • April 4th, 2005 • Aaipharma Inc • Services-testing laboratories • New York
WAIVER AND CONSENT, dated as of March 28, 2005 (this “Waiver”), with respect to the Financing Agreement, dated as of April 23, 2004 (as amended, restated or otherwise modified from time to time, the “Financing Agreement”), by and among aaiPharma Inc., a Delaware corporation (the “Parent”), Applied Analytical Industries Learning Center, Inc., a Delaware corporation (“Applied Analytical”), AAI Technologies, Inc., a Delaware corporation (“AAI Technologies”), AAI Properties, Inc., a North Carolina corporation (“AAI Properties”), AAI Japan, Inc., a Delaware corporation (“AAI Japan”), Kansas City Analytical Services, Inc., a Kansas corporation (“Analytical Services”), AAI Development Services, Inc., a Massachusetts corporation (“AAI Development-MA”), aaiPharma LLC, a Delaware limited liability company (“Pharma LLC”) and AAI Development Services, Inc., a Delaware corporation (“AAI Development-DE”, and together with the Parent, Applied Analytical, AAI Technologies, AAI Properties, AAI Japan, A
WAIVER AND CONSENTWaiver and Consent • April 28th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places
This Waiver and Consent is made this 28th day of April 2008, between Max & Erma’s Restaurants, Inc., a Delaware corporation (the “Borrower”) and National City Bank, a national banking association, in its capacity as agent under the Credit Agreement (as defined below) and as the sole lender under the Credit Agreement (National City Bank, in each such capacity, the “Lender”).
WAIVER AND CONSENTWaiver and Consent • April 17th, 2008 • China Green Agriculture, Inc. • Agricultural chemicals
THIS WAIVER AND CONSENT (this “Agreement”) is made on the 4th of April, 2008 by and among CHINA GREEN AGRICULTURE, INC., a Nevada corporation (the “Company”), and each of the other signatories hereto (collectively, the “Investors”, each signatory, “Investor”). Each of the capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the SPA (as defined below).
WAIVER AND CONSENT NO. 1Waiver and Consent • April 2nd, 2018 • Clear Channel Outdoor Holdings, Inc. • Services-advertising • New York
This WAIVER AND CONSENT NO. 1 TO THE CREDIT AGREEMENT, dated as of March 28, 2018 (this “Waiver”), by and among the Agent (as defined below), the Lenders (as defined below) party hereto and the Borrower (as defined below), provides a waiver and consent to that certain Credit Agreement, dated as of August 22, 2013 (as amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), among Clear Channel Outdoor Holdings, Inc., a Delaware corporation (the “Borrower”), the lenders party thereto (the “Lenders”) and DEUTSCHE BANK AG NEW YORK BRANCH, in its capacity as administrative agent (the “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
WAIVER AND CONSENTWaiver and Consent • January 26th, 2022 • GTY Technology Holdings Inc. • Services-computer processing & data preparation
THIS WAIVER AND CONSENT (“Waiver and Consent”) is provided by David Farrell (“Executive”) to GTY Technology Holdings Inc. (the “Company”) effective as of January 26, 2022 (the “Effective Date”).
WAIVER AND CONSENT UNDER SECURITIES PURCHASE AGREEMENTWaiver and Consent • October 20th, 2009 • AGA Medical Holdings, Inc. • Electromedical & electrotherapeutic apparatus
This waiver shall not constitute a waiver of any provision of the Securities Purchase Agreement not expressly referred to herein and shall not be construed as waiver of or consent to any further or future action on the part of the Company that would require a waiver or consent of the Purchaser. Except as expressly waived hereby, all the terms, provisions and conditions of the Securities Purchase Agreement are and shall remain unchanged and shall continue in full force and effect. This waiver shall be governed by and construed in accordance with the laws of the State of New York.
WAIVER AND CONSENT SILICA TECH, LLCWaiver and Consent • August 10th, 2009 • Us Solartech Inc • Semiconductors & related devices • New York
WAIVER AND CONSENTWaiver and Consent • November 23rd, 2004 • National Beef Packing Co LLC • Meat packing plants
This Waiver and Consent ("Waiver") is made as of October 6, 2004, by and among NATIONAL BEEF PACKING COMPANY, LLC, a Delaware limited liability company, successor by conversion to Farmland National Beef Packing Company, L.P., a Delaware limited partnership (the "Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association ("U.S. Bank"), in its capacity as Agent for the Lenders (in such capacity, the "Agent") and as one of the Lenders, and the other financial institutions signatory hereto (together with U.S. Bank, being at least the Required Lenders).
Tiger Resort Asia Ltd. Units 1402-03A, 14/F, AIA Tower 183 Electric Road, North Point Hong KongWaiver and Consent • September 30th, 2022 • 26 Capital Acquisition Corp. • Blank checks
WAIVER AND CONSENTWaiver and Consent • August 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas
THIS WAIVER AND CONSENT is entered into this 30th day of June, 2008, by and among Wolverine Asset Management LLC (“WAM”), on its own behalf and on behalf of its affiliates, Wolverine Convertible Arbitrage Fund Trading Ltd. and GPC LX LLC (collectively, “Wolverine”) and Star Energy Corporation (“Star”).
Re: Waiver and Consent with respect to WarrantsWaiver and Consent • September 25th, 2019 • CorMedix Inc. • Pharmaceutical preparations • New York
Reference is hereby made to that certain Series B Common Stock Purchase Warrant (as amended prior to the date hereof, the “Warrants”) issued to the investor signatory hereto (“you” or the “Holder”) by CorMedix Inc., a Delaware corporation (the “Company”) on May 3, 2017. Capitalized terms not defined herein shall have the meaning as set forth in the Warrants.
October 4, 2002Waiver and Consent • November 18th, 2002 • U S Liquids Inc • Hazardous waste management
Please refer to the Second Amended and Restated Credit Agreement dated as of February 3, 1999 (as amended, the “Credit Agreement”) among U S Liquids Inc. (the “Company”), various financial institutions and Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association), as Agent. Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in the Credit Agreement.
WAIVER AND CONSENTWaiver and Consent • October 26th, 2007 • Fushi International Inc • Steel pipe & tubes
This Waiver and Consent (the “Waiver”) is made as of October 26, 2007, by and among Fushi International Inc., a Nevada corporation (the “Company”), Fushi Holdings, Inc. (“FHI”), Fushi International (Dalian) Bimetallic Cable Co., Ltd., (“WFOE”), and Dalian Fushi Bimetallic Manufacturing Co., Ltd. (“Dalian Fushi”, and together with the Company, FHI, the WFOE and any other subsidiary (the “Group Companies”), Mr. Fu Li (the “Controlling Shareholder”) (c) Mr. Fu Li, Mr. Mathus Yang Yue, and Mr. Chris Wang Wenbing, (together with Mr. Fu Li and Mr. Mathus Yang Yue, the “Senior Management”) and Citadel Equity Fund, Ltd (the “Purchaser”).
WAIVER AND CONSENTWaiver and Consent • December 23rd, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated December 19, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and Manufacturers and Traders Trust Company (the “Warrant Holder”).
WAIVER AND CONSENTWaiver and Consent • January 26th, 2022 • GTY Technology Holdings Inc. • Services-computer processing & data preparation
THIS WAIVER AND CONSENT (“Waiver and Consent”) is provided by TJ Parass (“Executive”) to Questica Software Inc., assignee of GTY Technology Holdings Inc. (the “Company”) effective as of January 26, 2022 (the “Effective Date”).
WAIVER AND CONSENTWaiver and Consent • August 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas
THIS WAIVER AND CONSENT is entered into this 30th day of June, 2008, by and among Enable Capital Management, on its own behalf and on behalf of its affiliates, Enable Growth Partners LP, Enable Opportunity Partners LP and Pierce Diversified Strategy Master Fund LLC (collectively, “Enable”), and Star Energy Corporation (“Star”)
WESTMORELAND MINING LLC 2 North Cascade Avenue 2nd Floor Colorado Springs, Colorado 80903 WAIVER AND CONSENTWaiver and Consent • October 9th, 2009 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
Reference is made to the Amended and Restated Credit Agreement, dated as of June 26, 2008 (the "Credit Agreement”), by and among Westmoreland Mining LLC, a Delaware limited liability company (the “Company”), each of the Guarantors referred to therein, each of the Banks referred to therein, and PNC Bank, National Association, in its capacity as agent (the “Agent”). Capitalized terms used and not otherwise defined in this letter (this “Waiver and Consent”) shall have the respective meanings attributed thereto in the Credit Agreement.
WAIVER AND CONSENTWaiver and Consent • November 6th, 2006 • El Paso Exploration & Production Co • Crude petroleum & natural gas • New York
THIS WAIVER AND CONSENT (herein called this “Waiver and Consent”) dated as of September 29, 2006, is among EL PASO EXPLORATION & PRODUCTION COMPANY (formerly El Paso Production Holding Company), EL PASO E&P COMPANY, L.P. (formerly El Paso Production Oil & Gas USA, L.P.) (individually, a “Borrower” and collectively, the “Borrowers”), and FORTIS CAPITAL CORP. (“Fortis”), as administrative agent (the “Administrative “Agent”) for the Lenders party to the Credit Agreement (as defined below).
Waiver and ConsentWaiver and Consent • May 12th, 2023 • Procaps Group, S.A. • Pharmaceutical preparations
Terms beginning with capitalized first letters that are not defined in this waiver and consent (the “Waiver and Consent”) shall have the meaning given to such terms in the Credit Agreement and, alternatively, in the Notice and Waiver Request.
WAIVER AND CONSENTWaiver and Consent • November 14th, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated November 12, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and Manufacturers and Traders Trust Company (the “Warrant Holder”).
WAIVER AND CONSENTWaiver and Consent • May 22nd, 2023 • T2 Biosystems, Inc. • Surgical & medical instruments & apparatus • New York
THIS WAIVER AND CONSENT, dated as of May 19, 2023 (this “Waiver”), is made among T2 BIOSYSTEMS, INC., a Delaware corporation (“Borrower”), CRG SERVICING LLC, as administrative agent and collateral agent (in such capacities, “Administrative Agent”) and the lenders listed on the signature pages hereof under the heading “LENDERS” (each, a “Lender” and, collectively, the “Lenders”), with respect to the Loan Agreement described below.
WAIVER AND CONSENTWaiver and Consent • January 4th, 2008 • EVCI Career Colleges Holding Corp • Services-educational services
Each of the undersigned is the holder of a Secured Convertible Promissory Note dated May 23, 2007 (each a “Note” and collectively the “Notes”) issued to the undersigned by EVCI Career Colleges Holding Corp. (the “Company”), and as such is entitled to the benefits of and is subject to the terms of (i) the Security Agreement dated as of May 23, 2007 by and among the Company, its Subsidiaries and ComVest Investment Partners III, L.P., as Agent (the “Security Agreement”), and (ii) the Intercreditor Agreement dated as of April 24, 2007 by and among the undersigned, the Company and Harris N.A. (the “Intercreditor Agreement”). The Notes, the Security Agreement and the Intercreditor Agreement are collectively referred to herein as the “Documents”.
WAIVER AND CONSENTWaiver and Consent • May 15th, 2007 • Digital Recorders Inc • Communications equipment, nec
This WAIVER (this “Waiver”), dated as of April 30, 2007, is entered into by and between by and between Digital Recorders, Inc., a North Carolina corporation (the “Company”), Twinvision of North America, Inc., a North Carolina corporation (“Twinvision”), Digital Audio Corporation, a North Carolina corporation (“DAC”), and Robinson-Turney International, Inc., a Texas corporation (“RTI” and together with the Company, Twinvision and DAC, the “Credit Parties” and each a “Credit Party”) and Laurus Master Fund, Ltd., a Cayman Islands company (the “Purchaser”), for the purpose of amending and amending and restating and waiving certain terms of that certain Security Agreement, dated as of March 15, 2006 (the “Initial Closing Date”), by and between the Credit Parties and Purchaser (as amended, modified or supplemented from time to time, the “Security Agreement”); that certain Secured Non-Convertible Revolving Note, dated March 15, 2006 made by the Company in favor of Purchaser for the total prin
