WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") dated as of May 29, 2008, is by and among PHS Group Inc., a Pennsylvania corporation (the "Borrower"), Synergy Brands Inc., a Delaware corporation (the "Parent...Waiver and Consent Agreement • May 30th, 2008 • Synergy Brands Inc • Wholesale-groceries, general line • New York
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • July 8th, 2014
The Redevelopment Agency of the City of Sparks, Nevada (the “Agency”), the City of Sparks, Nevada (the “City”), and Sparks Legends Development, Inc. (the “Developer”) have entered into that certain “City of Sparks, Disposition, Development and Financing Agreement, Legends at the Sparks Marina Project,” amended and restated as of April 2, 2008 (the “DDFA”). All capitalized terms set forth herein but not otherwise defined shall have the meanings set forth in the DDFA.
EXHIBIT 10.4 WAIVER AND CONSENT AGREEMENT This Waiver and Consent Agreement (this "Waiver") is dated as of September 12, 2005 between Knockout Holdings, Inc., a Delaware corporation (the "Company") and CAMOFI Master LDC, formerly known as DCOFI Master...Waiver and Consent Agreement • September 16th, 2005 • Knockout Holdings, Inc. • Wholesale-chemicals & allied products • New York
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • April 21st, 2005 • Vincera, Inc. • Services-prepackaged software
FOR GOOD AND VALUABLE CONSIDERATION, including the opportunity to consider an initial public offering attempt for Smarte Solutions, Inc., a Delaware corporation (the “Company”), the receipt and sufficiency of which are hereby acknowledged, the undersigned, being holders of issued and outstanding shares of the Series A Convertible Preferred Stock, $0.001 par value per share (“Series A Preferred Stock”), of the Company hereby:
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • February 15th, 2022 • SmartMetric, Inc. • Miscellaneous manufacturing industries • New York
This waiver and consent agreement (this “Agreement”) is made and entered into as of November 3, 2021 (the “Effective Date”), by and between Smartmetric, Inc., a Nevada corporation (the “Company”), and AJB Capital Investments, LLC, a Delaware limited liability company (“AJB”).
Exhibit 10.57 WAIVER AND CONSENT AGREEMENT ---------------------------- This is a Waiver and Consent Agreement dated as of March 20, 2000 by and among Brown Brothers Harriman & Co. ("BBH"), J.H. Whitney & Co. ("JHW"), Whitney Subordinated Debt Fund,...Waiver and Consent Agreement • April 14th, 2000 • NMT Medical Inc • Surgical & medical instruments & apparatus
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 8th, 2014 • Yahoo Inc • Services-computer integrated systems design
This Waiver and Consent Agreement (this “Waiver and Consent”) is entered into as of January 23, 2014, by and among Alibaba Group Holding Limited, a company organized under the laws of the Cayman Islands (“Alibaba”), SoftBank Corp., a Japanese corporation and shareholder of Alibaba (“Softbank”), Yahoo! Inc., a Delaware corporation and shareholder of Alibaba (“Yahoo!”), (Alipay.com Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“OpCo”), APN Ltd., a company organized under the laws of the Cayman Islands (“IPCo”), (Zhejiang Alibaba E-Commerce Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“HoldCo”), the Joinder Parties (as defined in the Agreement), Jack Ma Yun (“JM”), Joseph Chung Tsai (“JT”), and, solely for purposes of Section 3 herein, the Management Members’ Representative (as defined in that certain New Shareholders Agreement dated as of September 18, 2012, by and among them and
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 22nd, 2017 • Quantum Materials Corp. • Metal mining • Illinois
THIS WAIVER AND CONSENT AGREEMENT (the “Agreement”), is dated as of May 19, 2017 (the “Effective Date”), by and between QUANTUM MATERIALS, INC., a Nevada corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • August 23rd, 2006 • Velocity Express Corp • Air courier services
Waiver for Issuance of Additional Series Q Preferred. Reference is made to the Purchase Agreement dated July 3, 2006 (the “Purchase Agreement”), relating to the sale of 12% Senior Secured Notes due 2010/Warrants to Purchase Common Stock of Velocity Express Corporation (the “Company”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 30th, 2009 • Aspen Technology Inc /De/ • Services-computer programming services • Massachusetts
This WAIVER AND CONSENT AGREEMENT (this “Waiver”), dated as of March 31, 2009, is entered into by and among (i) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at 200 Wheeler Road, Burlington, Massachusetts 01803 (“Aspen”), (ii) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation with an address at 500 West Monroe Street, Chicago, IL 60661 (“GE Capital”), and (iii) each of the undersigned affiliates of GE Capital that are party to the Agreement (as defined below) pursuant to Riders thereto (each an “Affiliate” and collectively the “Affiliates”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • January 14th, 2022 • Roth CH Acquisition III Co • Water, sewer, pipeline, comm & power line construction
This Waiver and Consent Agreement (this “Agreement”) is dated as of January 14, 2022, and is made by and among Roth CH Acquisition III Co., a Delaware corporation (the “Buyer”), BCP QualTek HoldCo, LLC, a Delaware limited liability company (the “Company”), and BCP QualTek, LLC, a Delaware limited liability company (the “Equityholder Representative”, and together with the Buyer and the Company, each, a “Party”, and collectively, the “Parties”). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the BCA (as defined below).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • July 26th, 2024 • CNS Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This Waiver and Consent Agreement dated as of July 25, 2024 (the “Agreement”) is by and between CNS Pharmaceuticals, Inc., a Nevada corporation (the “Company”), and the undersigned Purchasers (as defined below) identified on the signature pages hereto. Capitalized terms not defined herein shall have the meanings assigned to them in that certain Securities Purchase and Exchange Agreement (the “SPA”) dated as of January 29, 2024 by and among the Company and each purchaser identified on the signature pages thereto (each, a “Purchaser” and collectively, the “Purchasers”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • December 21st, 2011 • Black Tusk Minerals Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
THIS WAIVER AND CONSENT AGREEMENT (the “Agreement”), dated as of December 15, 2011 (the “Effective Date”), executed by and between Black Tusk Minerals Inc., a company organized and existing under the laws of Nevada, USA (“Black Tusk”) and Trevali Mining Corporation, a company organized and existing under the laws of British Columbia, Canada (“Trevali”).
Mattersight Corporation Chicago, IL 60606 December 19, 2011Waiver and Consent Agreement • December 22nd, 2011 • Mattersight Corp • Services-management consulting services
This letter agreement confirms certain understandings between Mattersight Corporation (“Mattersight”) and (the “Series B Stockholder”), holder of shares of 7% Series B Convertible Preferred Stock, par value $0.01 per share (the “Series B Preferred Stock”).
WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") is made and entered into as of the 29th day of January, 2002, by and among Kaiser Aluminum & Chemical Corporation, a Delaware corporation (the "Company"), Kaiser...Waiver and Consent Agreement • January 31st, 2002 • Kaiser Aluminum & Chemical Corp • Primary production of aluminum
EXECUTION COPY WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") is made and entered into as of the 29th day of January, 2002, by and among Kaiser Aluminum & Chemical Corporation, a Delaware corporation (the "Company"),...Waiver and Consent Agreement • April 12th, 2002 • Kaiser Aluminum Corp • Primary production of aluminum
WAIVER AND CONSENT AGREEMENT January 19, 2016Waiver and Consent Agreement • May 12th, 2016 • Real Goods Solar, Inc. • Construction - special trade contractors • New York
Reference is made to that certain loan arrangement by and among Bank, REAL GOODS ENERGY TECH, INC. (“Real Goods Energy”), REAL GOODS TRADING CORPORATION (“Real Goods Trading”), ALTERIS RENEWABLES, INC., a Delaware corporation (“Alteris”) and REAL GOODS SYNDICATED, INC. (“Syndicated”), MERCURY ENERGY, INC. (“Mercury”), REAL GOODS SOLAR, INC. – MERCURY SOLAR (“Mercury Solar”), ELEMENTAL ENERGY, LLC (“Elemental”), and SUNETRIC MANAGEMENT LLC (“Sunetric”, and together with Real Goods Energy, Real Goods Trading, Alteris, Syndicated, Mercury, Mercury Solar and Elemental, individually and collectively, jointly and severally, the “Borrower”). Borrower’s obligations under the Loan Agreement are guarantied by REAL GOODS SOLAR, INC. (the “Guarantor”, and together with Borrower, jointly, severally, and collectively, the “Obligors”). Further reference is made to that certain Non-Recourse Loan Document Sale and Assignment Agreement of even date herewith (the “Assignment”) by and between Bank and SOL
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • August 21st, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2017 by and between Inpixon (f/k/a Sysorex Global) (the “Company”), and the purchaser identified on the signature page hereto (the “Purchaser”). Capitalized terms used herein but not herein defined shall have the respective meanings ascribed thereto in that certain securities purchase agreement (the “December 2016 SPA”) dated as of December 12, 2016 by and among the Company, the Purchaser and other purchasers party thereto (the “Other Purchasers”). The Company and the Purchaser are sometimes referred to in this Agreement singularly as a “party” and collectively as the “parties”.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 14th, 2005 • Allion Healthcare Inc • Wholesale-drugs, proprietaries & druggists' sundries • Maryland
THIS WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made as of this 4th day of August, 2005, by and among ALLION HEALTHCARE, INC. f/k/a THE CARE GROUP, INC., a Delaware corporation (“Allion”), MAIL ORDER MEDS OF TEXAS, INC., a Texas corporation (“Meds Texas”), MOMS PHARMACY, INC. f/k/a MAIL ORDER MEDS OF NEW YORK, INC., a New York corporation, (“Moms New York”), MOMS PHARMACY, INC., a California corporation, (“Moms California”), MOMS PHARMACY, LLC, a Florida limited liability company (“Moms Florida”), MEDICINE MADE EASY, a California corporation (“Medicine Made Easy”), NORTH AMERICAN HOME HEALTH SUPPLY, INC., a California corporation (“North American”), SPECIALTY PHARMACIES, INC., a Washington corporation (“Specialty” and, collectively with Allion, Meds Texas, Moms New York, Moms California, Moms Florida, Medicine Made Easy and North American, the “Borrower”), and GE HFS HOLDINGS, INC., a Delaware corporation (“Lender”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • December 11th, 2015 • Ignite Restaurant Group, Inc. • Retail-eating places • New York
This WAIVEr and Consent AGREEMENT (this “Waiver”), dated as of December 11, 2015, to the Credit Agreement referenced below is by and among Ignite Restaurant Group, Inc., a Delaware corporation (“Borrower”), the Lenders party hereto (the “Consenting Lenders”), and Credit Suisse AG, (the “Administrative Agent”) in its capacity as Administrative Agent pursuant to the Credit Agreement referenced below.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 9th, 2015 • Unilife Corp • Surgical & medical instruments & apparatus
This waiver and consent agreement (this “Agreement”), dated as of November 9, 2015, is entered into by and between UNILIFE CORPORATION, a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”), and relates to that certain Purchase Agreement, dated as of July 29, 2015, between the Company and the Investor (the “Purchase Agreement”). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Purchase Agreement.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 19th, 2019 • Singapore Technologies Telemedia Pte LTD • Services-computer programming, data processing, etc.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 20th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
Waiver and Consent Agreement, dated as of March 17, 2006 (this “Agreement”), by and among American Media Operations, Inc. (the “Company”) and each of the parties listed on the signature page hereto (each a “Bondholder”, and collectively, the “Bondholders”), relating to certain proposed amendments (the “Proposed Amendments”) to the Indenture, dated as of January 23, 2003 (the “Indenture”), among the Company, the guarantors named therein (the “Note Guarantors”) and HSBC Bank USA, National Association (as successor in interest to J.P. Morgan Trust Company, N.A.), a national banking association, as trustee (the “Trustee”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • September 20th, 2019 • Inpixon • Services-computer programming services • California
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of September 17, 2019 by and between Inpixon, a Nevada corporation (the “Borrower”), and Payplant LLC (“Payplant”) as agent for Payplant Alternatives Fund LLC, a Delaware limited liability company (“Lender”). Capitalized terms used herein but not herein defined shall have the respective meanings ascribed thereto in that certain Amended and Restated GemCap Amended and Restated Loan and Security Agreement: Payplant Loan and Security Agreement dated as of August 14, 2017 by and among Inpixon, Sysorex, Inc., as successor of Inpixon USA, Sysorex Government Services, Inc. and Payplant as agent for Lender (as amended from time to time in accordance with its terms, the “Loan Agreement”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 1st, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of May 31, 2017 by and between Inpixon, a Nevada corporation (the “Company”), and Hillair Capital Investments L.P. (“Hillair”). In this Agreement, the Company and Hillair are sometimes referred to singularly as a “party” and collectively as the “parties”.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • August 9th, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of August 9, 2017 by and between Inpixon, a Nevada corporation (the “Company”), and Hillair Capital Investments L.P. (“Hillair”). In this Agreement, the Company and Hillair are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Debenture (as defined below).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 10th, 2022 • BIMI International Medical Inc. • Wholesale-drugs, proprietaries & druggists' sundries
This Waiver and Consent (the “Waiver and Consent”) is made and entered into as of June 9, 2022, by and between BIMI International Medical Inc., a Delaware corporation (the “Company”), and ________________, a _________________ Company (the “Investor”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth for such terms in the November Purchase Agreement (as defined below).
SECOND WAIVER AND CONSENT AGREEMENT TO CREDIT AGREEMENTWaiver and Consent Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This EXCHANGE AGREEMENT (this “Agreement”), dated as of June 8, 2016, is by and among KADMON HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (the “Company”), and each investor identified on the signature pages hereto (collectively, the “Investors” and each, an “Investor”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • April 24th, 2007 • Bakers Footwear Group Inc • Retail-shoe stores • Massachusetts
This WAIVER AND CONSENT AGREEMENT (the “Agreement”) dated this 18th day of April, 2007 is made with respect to the Second Amended and Restated Loan and Security Agreement (the “Loan Agreement”) between
Waiver and Consent AgreementWaiver and Consent Agreement • December 14th, 2023 • Bitmine Immersion Technologies, Inc. • Finance services
This Waiver and Consent Agreement (the “Agreement”) is between Luxor Technology Corporation (“Luxor”) and Soluna SW, LLC (“Soluna”), which together are the parties (“Parties”) to the Agreement.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 28th, 2024 • Ontrak, Inc. • Services-misc health & allied services, nec • New York
THIS WAIVER AND CONSENT AGREEMENT (this “Waiver”) is dated as of March 28, 2024, by the party set forth on the signature page hereto (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 Public Offering Warrants (as defined below).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 6th, 2014 • Alibaba Group Holding LTD
This Waiver and Consent Agreement (this “Waiver and Consent”) is entered into as of January 23, 2014, by and among Alibaba Group Holding Limited, a company organized under the laws of the Cayman Islands (“Alibaba”), SoftBank Corp., a Japanese corporation and shareholder of Alibaba (“SoftBank”), Yahoo! Inc., a Delaware corporation and shareholder of Alibaba (“Yahoo!”), 支付宝（中国）网络技术有限公司(Alipay.com Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“OpCo”), APN Ltd., a company organized under the laws of the Cayman Islands (“IPCo”), 浙江阿里巴巴电子商务有限公司 (Zhejiang Alibaba E-Commerce Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“HoldCo”), the Joinder Parties (as defined in the Agreement), Jack Ma Yun (“JM”), Joseph Chung Tsai (“JT”), and, solely for purposes of Section 3 herein, the Management Members’ Representative (as defined in that certain New Shareholders Agreement dated as of September 18
Waiver and Consent agreement dated February 9, 2011, between Move, Inc. and both Elevation Partners, L.P. and Elevation Side Fund, LLC WAIVER AND CONSENT (“Waiver and Consent Letter”)Waiver and Consent Agreement • February 10th, 2011 • Move Inc • Real estate agents & managers (for others)
Reference is made to the Certificate of Designation of Series B Convertible Participating Preferred Stock (“Series B Preferred”) of Move, Inc., a Delaware corporation (f/k/a Homestore, Inc.) (the “Company”), as filed with the Secretary of State of the State of Delaware on November 29, 2005 and as in effect on the date hereof (the “Certificate of Designation”) and the Stockholders Agreement, dated as of November 29, 2005 (the “Stockholders Agreement”) among the Company, Elevation Partners, L.P., a Delaware limited partnership (“Elevation”) and Elevation Employee Side Fund, LLC (“Side Fund”, and together with Elevation, the “Stockholders”). All capitalized terms used but not defined herein shall have the respective meanings set forth in the Certificate of Designation.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 22nd, 2017 • Quantum Materials Corp. • Metal mining • Illinois
THIS WAIVER AND CONSENT AGREEMENT (the “Agreement”), is dated as of May 19, 2017 (the “Effective Date”), by and between QUANTUM MATERIALS, INC., a Nevada corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 1st, 2017 • Inpixon • Services-computer programming services • California
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of May 31, 2017 by and among Inpixon (the “Company”), its U.S. wholly-owned subsidiaries, Inpixon USA and Inpixon Federal, Inc. (together with the Company, the “Borrowers”), and GemCap Lending I, LLC (the “Lender”). Capitalized terms used herein but not herein defined shall have the respective meanings ascribed thereto in that certain Loan and Security Agreement dated as of November 14, 2016 by and between the Borrowers and the Lender, as amended by that certain Amendment Number 1 to the Loan and Security Agreement and to the Loan Agreement Schedule dated as of December 9, 2016 and that certain Amendment Number 2 to the Loan and Security Agreement dated as of January 24, 2017 (as so amended, the “Loan Agreement”). The Borrowers and the Lender are sometimes referred to in this Agreement singularly as a “party” and collectively as the “parties”.
