Waivers Sample Contracts
October 16, 2008Waivers • October 21st, 2008 • Constellation Energy Group Inc • Electric services
This letter is in connection with the Agreement and Plan of Merger, dated as of September 19, 2008, by and among Constellation Energy Group, Inc., a Maryland corporation (“Constellation”), MidAmerican Energy Holdings Company, an Iowa corporation (“MidAmerican”), and MEHC Merger Sub Inc., a Maryland corporation and a wholly owned subsidiary of MidAmerican, whereby MEHC Merger Sub Inc. will merge with and into Constellation, with Constellation surviving as a wholly owned subsidiary of MidAmerican (the “Merger”).
WaiversWaivers • August 7th, 2023 • Xponential Fitness, Inc. • Services-miscellaneous amusement & recreation
As of June 30, 2023, each of Xponential Fitness, Inc., a Delaware corporation, Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (the “Borrower”), each Subsidiary (as defined in the Financing Agreement (defined below)) of Parent listed as a "Borrower" on the signature pages to the Financing Agreement, each other Subsidiary of Parent listed as a "Guarantor" on the signature pages of the Financing Agreement listed as a borrower (together, the “Company”) agrees not to provide any material nonpublic information to MSD XPO Partners, LLC, MSD PCOF Partners XXXIX, LLC, MSD Credit Opportunity Master Fund, L.P., Lombard International Life, LTD., on behalf of its segregated account BIGVA0005, Lombard International Life, LTD., on behalf of its segregated account BIGVA0005, Lombard International Life, LTD., on behalf of its segregated account BIGVA0006, MSD Private Credit Opportunity Master Fund
Required waivers***Waivers • February 15th, 2015
WaiversWaivers • August 7th, 2023 • Xponential Fitness, Inc. • Services-miscellaneous amusement & recreation
As of June 30, 2023, each of Xponential Fitness, Inc., a Delaware corporation, Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (the “Borrower”), each Subsidiary (as defined in the Financing Agreement (defined below)) of Parent listed as a "Borrower" on the signature pages to the Financing Agreement, each other Subsidiary of Parent listed as a "Guarantor" on the signature pages of the Financing Agreement (together, the “Company”) agrees not to provide any material nonpublic information to DESALKIV Portfolios LLC (“DE Shaw”) and any of its affiliates identified to Borrower in writing and with respect to which Borrower agrees to be bound hereby, including any material nonpublic information required to be provided pursuant to: (i) Section 7.01 of the Financing Agreement, dated as of April 19, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Financin
WaiversWaivers • March 14th, 2025 • Xponential Fitness, Inc. • Services-miscellaneous amusement & recreation
WHEREAS, Xponential Fitness LLC, a Delaware limited liability company (the “Borrower”), is party to the Financing Agreement, dated as of April 19, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), the Borrower, each Subsidiary (as defined therein) of Parent listed as a "Borrower" on the signature pages thereto, each other Subsidiary of Parent listed as a "Guarantor" on the signature pages thereto, the lenders from time to time party thereto (each a “Lender” and collectively, the "Lenders") and Wilmington Trust, National Association, as administrative agent and collateral agent for the Lenders.