EXHIBIT 10.40 AMENDMENT AND WAIVER AGREEMENT ------------------------------ This Amendment and Waiver Agreement (the "Agreement") is dated as of August 17, 2007 and is executed by and among Intraop Medical Corporation, a Nevada corporation (the...And Waiver Agreement • August 23rd, 2007 • Intraop Medical Corp • Surgical & medical instruments & apparatus • New York
Contract Type FiledAugust 23rd, 2007 Company Industry Jurisdiction
EXHIBIT 10.1 ------------ SECOND AMENDMENT AND WAIVER AGREEMENT This Second Amendment and Waiver Agreement (this "Agreement"), is made and entered into as of April 17, 2007, by and between Western Power & Equipment Corp., a Delaware corporation (along...And Waiver Agreement • April 23rd, 2007 • Western Power & Equipment Corp • Wholesale-construction & mining (no petro) machinery & equip
Contract Type FiledApril 23rd, 2007 Company Industry
FIFTH AMENDMENT AND WAIVER AGREEMENT THIS FIFTH AMENDMENT AND WAIVER AGREEMENT (this "Fifth Amendment") is entered into as of September 18, 2006 by and among Harvey Electronics, Inc., a New York corporation ("Borrower"), and Webster Business Credit...And Waiver Agreement • September 18th, 2006 • Harvey Electronics Inc • Retail-radio, tv & consumer electronics stores • Massachusetts
Contract Type FiledSeptember 18th, 2006 Company Industry Jurisdiction
EXHIBIT 10.21 ACKNOWLEDGMENT AND WAIVER AGREEMENT This Agreement ("AGREEMENT"), dated December ___, 2005, is entered into by and between Prentiss Properties Trust, a Maryland real estate investment trust (the "COMPANY") and ____________ ("KEY...And Waiver Agreement • January 10th, 2006 • Brandywine Realty Trust • Real estate investment trusts • Texas
Contract Type FiledJanuary 10th, 2006 Company Industry Jurisdiction
FIRST AMENDMENT AND WAIVER AGREEMENT THIS FIRST AMENDMENT AND WAIVER AGREEMENT (this "First Amendment") is entered into as of September 13, 2005 by and among Harvey Electronics, Inc., a New York corporation ("Borrower"), and Webster Business Credit...And Waiver Agreement • September 13th, 2005 • Harvey Electronics Inc • Retail-radio, tv & consumer electronics stores • Massachusetts
Contract Type FiledSeptember 13th, 2005 Company Industry Jurisdiction
Exhibit 10.18 COMBINATORX, INCORPORATED OMNIBUS AMENDMENT AND WAIVER AGREEMENT This Omnibus Amendment and Waiver Agreement ("Agreement") is made effective as of December 8, 2004 ("Effective Date") by and among CombinatoRx, Incorporated, a Delaware...And Waiver Agreement • December 10th, 2004 • Combinatorx, Inc • Massachusetts
Contract Type FiledDecember 10th, 2004 Company Jurisdiction
EXHIBIT 4.2 EIGHTH AMENDMENT AND WAIVER AGREEMENT EIGHTH AMENDMENT AND WAIVER AGREEMENT, dated as of May 28th, 2004 (this "Amendment Agreement"), to the Amended and Restated Credit Agreement, dated as of May 14, 2001, as amended to date (and as the...And Waiver Agreement • August 9th, 2004 • Microtek Medical Holdings Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
Contract Type FiledAugust 9th, 2004 Company Industry Jurisdiction
EXHIBIT 4.2 SEVENTH AMENDMENT AND WAIVER AGREEMENT SEVENTH AMENDMENT AND WAIVER AGREEMENT, dated as of March 4, 2004 (this "Amendment Agreement"), to the Amended and Restated Credit Agreement, dated as of May 14, 2001, as amended to date (and as the...And Waiver Agreement • May 10th, 2004 • Microtek Medical Holdings Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
Contract Type FiledMay 10th, 2004 Company Industry Jurisdiction
EXHIBIT 4.1 AMENDMENT AND WAIVER AGREEMENT THIS AMENDMENT AND WAIVER AGREEMENT, dated as of September 10, 2003, is executed by and among TOM BROWN, INC., a Delaware corporation (the "Company"), UNION OIL COMPANY OF CALIFORNIA, a California corporation...And Waiver Agreement • September 16th, 2003 • Brown Tom Inc /De • Crude petroleum & natural gas
Contract Type FiledSeptember 16th, 2003 Company Industry
FORM OFAnd Waiver Agreement • August 26th, 2003 • Volume Services America Inc • Retail-eating places • New York
Contract Type FiledAugust 26th, 2003 Company Industry Jurisdiction
Exhibit 10.4 SECOND AMENDMENT AND WAIVER AGREEMENT SECOND AMENDMENT AND WAIVER AGREEMENT, dated as of June 19, 2003 (this "Second Amendment"), to the Amended and Restated Receivables Loan and Security Agreement, dated as of April 30, 2002, among...And Waiver Agreement • August 13th, 2003 • Silverleaf Resorts Inc • Real estate agents & managers (for others)
Contract Type FiledAugust 13th, 2003 Company Industry
RECITALSAnd Waiver Agreement • May 1st, 2003 • Source Interlink Companies Inc • Services-direct mail advertising services • North Carolina
Contract Type FiledMay 1st, 2003 Company Industry Jurisdiction
AMENDMENT AND WAIVER AGREEMENT NO. 2 TO CREDIT AGREEMENTAnd Waiver Agreement • March 31st, 2003 • Manufacturers Services LTD • Electronic components, nec • New York
Contract Type FiledMarch 31st, 2003 Company Industry Jurisdiction
AMENDMENT AND WAIVER AGREEMENT NO. 4 TO CREDIT AGREEMENTAnd Waiver Agreement • March 31st, 2003 • Manufacturers Services LTD • Electronic components, nec • New York
Contract Type FiledMarch 31st, 2003 Company Industry Jurisdiction
THIRD AMENDMENT AND WAIVER AGREEMENT THIS THIRD AMENDMENT AND WAIVER AGREEMENT (this "Agreement") is made and entered into as of the 21st day of March, 2003, by and among FLEET CAPITAL CORPORATION ("Lender"), a Rhode Island corporation with an office...And Waiver Agreement • March 31st, 2003 • United Industrial Corp /De/ • Miscellaneous electrical machinery, equipment & supplies
Contract Type FiledMarch 31st, 2003 Company Industry
EXHIBIT 10.5 FIRST AMENDMENT AND WAIVER AGREEMENT FIRST AMENDMENT AND WAIVER AGREEMENT, dated as of February 12, 2003 (this "Amendment Agreement"), to the Credit Agreement, dated as of October 17, 2002 (as the same may be further amended, supplemented...And Waiver Agreement • February 26th, 2003 • Phillips Van Heusen Corp /De/ • Men's & boys' furnishgs, work clothg, & allied garments • New York
Contract Type FiledFebruary 26th, 2003 Company Industry Jurisdiction
THIS FIFTH AMENDMENT AND WAIVER AGREEMENT (this "Amendment"), dated as --------- of February 22, 2002, is by and among Access Worldwide Communications, Inc. (the "Borrower"), certain subsidiaries of the Borrower identified on the signature --------...And Waiver Agreement • March 8th, 2002 • Access Worldwide Communications Inc • Services-management consulting services • North Carolina
Contract Type FiledMarch 8th, 2002 Company Industry Jurisdiction
BACKGROUNDAnd Waiver Agreement • February 14th, 2002 • Cold Metal Products Inc • Steel works, blast furnaces & rolling & finishing mills • New York
Contract Type FiledFebruary 14th, 2002 Company Industry Jurisdiction
EXHIBIT 10.25 AMENDMENT AND WAIVER AGREEMENT This AMENDMENT AND WAIVER AGREEMENT dated as of the 21st day of May, 2001 by and between FLEET CAPITAL CORPORATION ("Lender"), a Rhode Island corporation with an office at 60 East 42nd Street, New York, New...And Waiver Agreement • November 14th, 2001 • Brandpartners Group Inc • Services-management consulting services • New York
Contract Type FiledNovember 14th, 2001 Company Industry Jurisdiction
EXHIBIT 10.28 SEVENTH AMENDMENT AND WAIVER AGREEMENT SEVENTH AMENDMENT AND WAIVER AGREEMENT, dated as of September 14, 2001 (this "Amendment"), to the Credit Agreement, dated as of August 11, 1999 (as amended, supplemented or otherwise modified prior...And Waiver Agreement • November 14th, 2001 • Celadon Group Inc • Trucking (no local) • New York
Contract Type FiledNovember 14th, 2001 Company Industry Jurisdiction
RECITALSAnd Waiver Agreement • October 3rd, 2001 • Galaxy Nutritional Foods Co • Dairy products
Contract Type FiledOctober 3rd, 2001 Company Industry
BACKGROUNDAnd Waiver Agreement • August 14th, 2001 • Cold Metal Products Inc • Steel works, blast furnaces & rolling & finishing mills • New York
Contract Type FiledAugust 14th, 2001 Company Industry Jurisdiction
EXHIBIT 10.2 To: Polaroid Corporation; and Polaroid (U.K.) Limited Date: 9 August 2001 Dear Sirs AMENDMENT AND WAIVER AGREEMENT RELATING TO FACILITY AGREEMENT DATED 3 AUGUST 1999 1. We refer to (i) the Amendment and Waiver Agreement (the "FIRST...And Waiver Agreement • August 13th, 2001 • Polaroid Corp • Photographic equipment & supplies • New York
Contract Type FiledAugust 13th, 2001 Company Industry Jurisdiction
AMENDMENT AND WAIVER AGREEMENT RELATING TO A FACILITY AGREEMENT DATED 3 AUGUST 1999 ---------------------------------------------------------------------------And Waiver Agreement • July 12th, 2001 • Polaroid Corp • Photographic equipment & supplies • London
Contract Type FiledJuly 12th, 2001 Company Industry Jurisdiction
W I T N E S S E T HAnd Waiver Agreement • April 12th, 2001 • Access Worldwide Communications Inc • Services-management consulting services • North Carolina
Contract Type FiledApril 12th, 2001 Company Industry Jurisdiction
EXHIBIT 10.05 ------------- AMENDMENT AND WAIVER AGREEMENT ------------------------------ AMENDMENT AND WAIVER AGREEMENT (this "AMENDMENT AGREEMENT") dated as of June 12, 2000 by and between DSL.net, Inc. (the "BORROWER") and Fleet National Bank (the...And Waiver Agreement • April 2nd, 2001 • DSL Net Inc • Telephone communications (no radiotelephone) • Massachusetts
Contract Type FiledApril 2nd, 2001 Company Industry Jurisdiction
AMENDMENT AND WAIVER AGREEMENT RELATING TO A FACILITY AGREEMENT DATED 3 AUGUST 1999 ---------------------------------------------------------------------------And Waiver Agreement • April 2nd, 2001 • Polaroid Corp • Photographic equipment & supplies • London
Contract Type FiledApril 2nd, 2001 Company Industry Jurisdiction
Exhibit 10(N) AMENDMENT AND WAIVER AGREEMENT ------------------------------And Waiver Agreement • March 21st, 2001 • Sierra Pacific Power Co • Electric & other services combined • New York
Contract Type FiledMarch 21st, 2001 Company Industry Jurisdiction
This AMENDMENT AND WAIVER AGREEMENT (this "Agreement"), is made and entered --------- into as of March 1, 2001, among SIERRA PACIFIC POWER COMPANY (the "Company"), ------- MELLON BANK, N.A. ("Mellon"), FIRST UNION NATIONAL BANK ("First Union"), WELLS...And Waiver Agreement • March 21st, 2001 • Sierra Pacific Power Co • Electric & other services combined • New York
Contract Type FiledMarch 21st, 2001 Company Industry Jurisdiction
EXHIBIT 4.42 LOCK-UP AND WAIVER AGREEMENT October 15, 2000 Insynq, Inc. 1101 Broadway Plaza Tacoma, Washington 98402 Attention: John P. Gorst Ladies and Gentlemen: The undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"),...And Waiver Agreement • December 14th, 2000 • Insynq Inc • Services-miscellaneous amusement & recreation
Contract Type FiledDecember 14th, 2000 Company IndustryThe undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"), in connection with agreements it is negotiating to sell $3 million of convertible debentures and up to $10 million shares of its Common Stock, $0.001 par value ("Common Stock") to certain purchasers thereunder (the "Purchasers"), is planning to register shares of Common Stock to be purchased by the Purchasers and certain other shares of Common Stock pursuant to a Registration Statement on form SB-2 (the "Registration Statement"). The undersigned further understands that the failure to sign this Lock-up Agreement and Waiver will result in the failure of the transactions with the Purchasers to close and, consequently, the inability of the Company to continue its operations
EXHIBIT 4.43 LOCK-UP AND WAIVER AGREEMENT October 16, 2000 Insynq, Inc. 1101 Broadway Plaza Tacoma, Washington 98402 Attention: John P. Gorst Ladies and Gentlemen: The undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"),...And Waiver Agreement • December 14th, 2000 • Insynq Inc • Services-miscellaneous amusement & recreation
Contract Type FiledDecember 14th, 2000 Company IndustryThe undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"), in connection with agreements it is negotiating to sell $3 million of convertible debentures and up to $10 million shares of its Common Stock, $0.001 par value ("Common Stock") to certain purchasers thereunder (the "Purchasers"), is planning to register shares of Common Stock to be purchased by the Purchasers and certain other shares of Common Stock pursuant to a Registration Rights Statement on form SB-2 (the "Registration Statement"). The undersigned further understands that the failure to sign this Lock-up Agreement and Waiver will result in the failure of the transactions with the Purchasers to close and, consequently, the inability of the Company to continue its operations
Exhibit 4.39 LOCK-UP AND WAIVER AGREEMENT October 17, 2000 Insynq, Inc. 1101 Broadway Plaza Tacoma, Washington 98402 Attention: John P. Gorst Ladies and Gentlemen: The undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"),...And Waiver Agreement • December 14th, 2000 • Insynq Inc • Services-miscellaneous amusement & recreation
Contract Type FiledDecember 14th, 2000 Company IndustryThe undersigned understands that Insynq, Inc., a Delaware corporation (the "Company"), is currently negotiating agreements to sell $3 million of convertible debentures and up to $10 million shares of its Common Stock, $0.001 par value ("Common Stock") to certain purchasers thereunder (the "Purchasers"), and in connection with such agreements, the Company will be required to register shares of Common Stock to be purchased by the Purchasers and other shares of Common Stock underlying the convertible debentures and warrants to be purchased by the Purchasers pursuant to a Registration Statement on Form SB-2 (the "Finance Registration Statement").
THIS FIRST AMENDMENT AND WAIVER AGREEMENT, dated as of the 9/th/ day of February, 2000 (this "Agreement"), is made by and among AMERICAN TOWER, L.P., --------- a Delaware corporation, AMERICAN TOWERS, INC., a Delaware limited partnership, ATC...And Waiver Agreement • November 13th, 2000 • American Tower Corp /Ma/ • Communications services, nec • New York
Contract Type FiledNovember 13th, 2000 Company Industry Jurisdiction
RECITALSAnd Waiver Agreement • March 29th, 2000 • Empire Banc Corp • National commercial banks
Contract Type FiledMarch 29th, 2000 Company Industry
INTRODUCTIONAnd Waiver Agreement • November 15th, 1999 • Marine Drilling Companies Inc • Drilling oil & gas wells • New York
Contract Type FiledNovember 15th, 1999 Company Industry Jurisdiction