Waiver and Omnibus Amendment Sample Contracts

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WAIVER AND OMNIBUS AMENDMENT
Waiver and Omnibus Amendment • March 29th, 2013 • Opexa Therapeutics, Inc. • Pharmaceutical preparations

WHEREAS: (i) the undersigned purchased a 12% Convertible Secured Promissory Note (a “Note”) from Opexa Therapeutics, Inc. (the “Company”) pursuant to a Note Purchase Agreement dated July 25, 2012 (the “Agreement”); and (ii) the Note and the Agreement, as well as arrangements related thereto, contemplated that, for so long as any Note remains outstanding, the Company would maintain at least $1,000,000 in a segregated account (the “Cash Collateral”) subject to a control agreement in favor of Alkek & Williams Ventures, Ltd. (the “Agent”), as collateral agent for all purchasers of the Notes.

WAIVER AND OMNIBUS AMENDMENT
Waiver and Omnibus Amendment • February 25th, 2010 • Timken Co • Ball & roller bearings • Illinois

This WAIVER AND OMNIBUS AMENDMENT (this “Amendment”), dated as of December 29, 2006, is entered into among Timken Receivables Corporation, a Delaware corporation (the “Seller”), The Timken Corporation (“Timken”), an Ohio corporation, as Servicer (in such capacity, the “Servicer”) and as Originator (in such capacity, the “Originator”), the funding sources party hereto as the financial institutions (the “Financial Institutions”), Jupiter Securitization Company LLC (together with the Financial Institutions, the “Purchasers”) and JPMorgan Chase Bank, N.A., as letter of credit issuer (in such capacity, the “L/C Issuer”) and as agent (the “Agent”) for the Purchasers and the L/C Issuer.

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