WAIVER AND MODIFICATION AGREEMENT For good and valuable consideration, receipt of which is hereby acknowledged, Longview Fund L.P. ("Longview") and Barbara R. Mittman ("Mittman") hereby waive the repricing provision contained in Section 3.4 of the...Waiver and Modification Agreement • June 3rd, 2005 • Kingsley Coach Inc • Motor homes
This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) the same with the same force and effect as if such facsimile signature page were an original thereof.
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • February 12th, 2009 • Hague Corp. • Metal mining
RECITALSWaiver and Modification Agreement • August 16th, 2001 • Open Market Inc • Services-prepackaged software • New York
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • August 30th, 2005 • New Horizons Worldwide Inc • Services-educational services • California
This Waiver and Modification Agreement (this “Agreement”) dated as of August 24, 2005, is made with reference to (a) the Credit Agreement dated as of February 27, 2003, by and among NEW HORIZONS WORLDWIDE, INC., a Delaware corporation (“Borrower”), the lenders that are party thereto (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Administrative Agent”), as administrative agent for the Lenders (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), and (b) the Third Amendment to Credit Agreement, dated as of July 25, 2005, by and among Borrower, the Lenders and the Administrative Agent (“Amendment No. 3”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth for such terms in the Credit Agreement.
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • July 18th, 2014 • Growlife, Inc. • Glass products, made of purchased glass • Nevada
THIS WAIVER AND MODIFICATION AGREEMENT (“Agreement”) dated June 25, 2013 (“Effective Date”) is entered into by and between Logic Works LLC, a Nevada limited liability company (“Lender” and “Holder”) and GrowLife, Inc., Delaware corporation (“Borrower” and “Company”). Unless otherwise defined herein, capitalized terms shall have the meaning given to them in a 7% Convertible Note (“Note”) between Lender and Borrower, in the original principal amount of Five Hundred Thousand Dollars ($500,000), dated December 20, 2013.
AMENDED AND RESTATED WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • October 7th, 2005 • New Horizons Worldwide Inc • Services-educational services • California
This Amended and Restated Waiver and Modification Agreement (this “Agreement”) dated as of October ___, 2005, is made with reference to (a) the Credit Agreement dated as of February 27, 2003, by and among NEW HORIZONS WORLDWIDE, INC., a Delaware corporation (“Borrower”), the lenders that are party thereto (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Administrative Agent”), as administrative agent for the Lenders (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), (b) the Third Amendment to Credit Agreement, dated as of July 25, 2005, by and among Borrower, the Lenders and the Administrative Agent (“Amendment No. 3”), and (c) the Waiver and Modification Agreement dated as of August 24, 2005 by and among Borrower, the Lenders and the Administrative Agent (the “Original Modification Agreement”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth for such terms in the Credit Agreement.
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • September 27th, 2018 • Dynatronics Corp • Surgical & medical instruments & apparatus • California
This WAIVER AND MODIFICATION AGREEMENT (this "Agreement") is entered into as of July 13, 2018, among DYNATRONICS CORPORATION, a Utah corporation ("Dynatronics"), HAUSMANN ENTERPRISES, LLC, a Utah limited liability company ("Enterprises"), and BIRD & CRONIN, LLC, a Utah limited liability company ("Bird," and together with Dynatronics and Enterprises, individually and collectively, jointly and severally, "Borrower"), and BANK OF THE WEST, a California banking corporation ("Lender").
REVISED AND AMENDED FIFTH WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • April 16th, 2008 • Blastgard International Inc • Miscellaneous chemical products • New York
This REVISED AND AMENDED FIFTH WAIVER AND MODIFICATION AGREEMENT is made and entered into as of March 20, 2008, by and between BLASTGARD INTERNATIONAL, INC., a Colorado corporation (the “Company”), and the holders identified on the signature page hereto (each a “Holder” and collectively the “Holders”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Subscription Agreement (as defined below).
REVISED AND AMENDED SIXTH WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • September 18th, 2008 • Blastgard International Inc • Miscellaneous chemical products • New York
This REVISED AND AMENDED SIXTH WAIVER AND MODIFICATION AGREEMENT (“Sixth Modification”) is made and entered into as of September 5, 2008, by and between BLASTGARD INTERNATIONAL, INC., a Colorado corporation (the “Company”), and the holders identified on the signature page hereto (each a “Holder” and collectively the “Holders”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Subscription Agreement (as defined below).
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • January 11th, 2021 • SPAR Group, Inc. • Services-business services, nec • New Jersey
THIS WAIVER AND MODIFICATION AGREEMENT (this "Modification Agreement") is entered in as of January 4, 2021 and effective as of December 31, 2020, by and among NORTH MILL CAPITAL LLC, a Delaware limited liability company ("Lender"), with a place of business at 821 Alexander Road, Suite 130, Princeton, New Jersey 08540, SPAR MARKETING FORCE, INC., a Nevada corporation ("US Borrower"), with its chief executive office located at 1910 Opdyke Court, Auburn Hills, Michigan 48326, and SPAR CANADA COMPANY, an unlimited company organized under the laws of Nova Scotia ("Canadian Borrower"), with its chief executive office located at 10 Planchet Road, Unit 21, Vaughan, Ontario L4K 2C8.
SECOND CONSENT, WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • May 31st, 2017 • Reign Sapphire Corp • Retail-jewelry stores • New York
This Second Consent, Waiver and Modification Agreement (“Agreement”) is made and entered into as of May 30, 2017, by and among Reign Sapphire Corporation, a Delaware corporation (the “Company”), and the parties identified on the signature page hereto (each a “Purchaser” and collectively, “Purchasers”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (all as defined below).
WAIVER AND MODIFICATION AGREEMENTWaiver and Modification Agreement • September 15th, 2023 • Volcon, Inc. • Motor vehicles & passenger car bodies • New York
This Waiver and Modification Agreement dated as of September 14, 2023 (the “Agreement”) is by and between Volcon, Inc., a Delaware 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 (i) Securities Purchase and Exchange Agreement (the “SPA”) dated as of May 19, 2023 by and among the Company and each purchaser identified on the signature pages thereto (each, a “Purchaser” and collectively, the “Purchasers”); (ii) the amended and restated Original Issue Discount Senior Convertible Series A Notes and the amended and restated Original Issue Discount Senior Convertible Series B Notes dated as of May 24, 2023 (collectively, the “Amended and Restated Notes”) issued by the Company to each Purchaser; and (iii) the new Original Issue Discount Senior Convertible Notes dated as of May 24, 2023 (the “New Notes” and with the Amended and Re
