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
EVENT/ACTIVITY RELEASE, INDEMNITY, AND WAIVER AGREEMENTAnd Waiver Agreement • March 21st, 2023
This release, indemnity, and waiver agreement (hereinafter, “Agreement”) is made this date between the undersigned parent/guardian (hereinafter, “Parent”) and the undersigned student (hereinafter, “Student”), and the Henry County School District and the Henry County Board of Education (collectively hereinafter, “the Board”).
EX-4.34 20 dex434.htm OMNIBUS AMENDMENT AND WAIVER AGREEMENT EXECUTION VERSION OMNIBUS AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
This omnibus amendment and waiver agreement (the “Omnibus Agreement”), dated as of August , 2009 is entered into by and among CEMEX, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing pursuant to the laws of the United Mexican States (the “Parent”), the subsidiaries of the Parent listed in Exhibit A hereto (such subsidiaries together with the Parent, the “Borrowers”), the subsidiaries of the Parent listed in Exhibit B hereto (such subsidiaries together with the Parent, the “Guarantors”), the financial institutions listed in Exhibit C hereto in their capacities as lenders under certain Existing Agreements (as defined below) (the “Lenders”) and the financial institutions listed in Exhibit D hereto in their capacity as administrative agents under certain Existing Agreements (as defined below) (the “Existing Administrative Agents”).
EX-4.8 3 dex48.htm SIXTH AMENDMENT AND WAIVER AGREEMENT SIXTH AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
SIXTH AMENDMENT AND WAIVER AGREEMENT, dated as of November 21, 2003 (this “Amendment Agreement”), to the Amended and Restated Credit Agreement, dated as of May 14, 2001, as amended to date (and as the same may be further amended, supplemented or modified from time to time in accordance with its terms, the “Credit Agreement”), among Microtek Medical Holdings, Inc. (formerly known as Isolyser Company, Inc.), a Georgia corporation (“MMH”) and Microtek Medical, Inc., a Delaware corporation (“Microtek”, together with MMH, each a “Borrower” and, jointly and severally, the “Borrowers”), the lenders named therein (the “Lenders”), the guarantors named therein (the “Guarantors”) and JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as agent (the “Agent”) for the Lenders. Terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the Credit Agreement.
PURCHASER ACKNOWLEDGMENT AND WAIVER AGREEMENTAnd Waiver Agreement • May 1st, 2012
I/We have been advised that PETRUS Commercial Realty Corp., Brokerage ("PCR") has been engaged as exclusive Brokerage by NOROLD HOLDINGS CORPORATION (“Vendor”) to advise and assist in the disposition of the property located at 70-80-90 Heath Street West;, Toronto (“the Property”).
AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • December 4th, 2009 • Amarin Corp Plc\uk • Pharmaceutical preparations
Certain portions of this Exhibit have been omitted pursuant to a request for “Confidential Treatment” under Rule 24b-2 of the Securities and Exchange Commission. Such portions have been redacted and bracketed in the request and appear as [*] in the text of this Exhibit. The omitted confidential information has been filed with the Securities and Exchange Commission.
EX-10.2 3 dex102.htm AMENDMENT AND WAIVER AGREEMENT Execution Version FIRST SHURGARD SPRL and its subsidiaries FIRST SHURGARD FINANCE SARL as Luxco Borrower FIRST SHURGARD DEUTSCHLAND GMBH as German Borrower SOCIÉTÉ GÉNÉRALE as Mandated Lead Arranger...And Waiver Agreement • May 5th, 2020
VOLUNTEER REGISTRATION FORM AND WAIVER AGREEMENTAnd Waiver Agreement • August 17th, 2023
Please review MPR’s administrative policy regarding the City of Meridian Volunteer Program Policy. If you are under 18, have a parent review the Policy. If you are the Organizer registering on behalf of an Organization, as that term is defined in the Policy, your signature below signifies that you are duly authorized, and will fulfill the responsibilities for Organizers, as set forth in the Policy.
EXHIBIT 4.40 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
The 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").
AMENDMENT AND WAIVER AGREEMENT No.1 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT AMENDMENT AGREEMENT NO. I dated April 10, 1998, to the Amended and Restated Revolving Credit Agreement dated as of September 15, 1997 (as heretofore amended, and as...And Waiver Agreement • October 28th, 1998 • Jitney Jungle Stores of America Inc /Mi/ • Retail-grocery stores • New York
1 EXHIBIT 2.2 AMENDMENT AND WAIVER AGREEMENT AMENDMENT AND WAIVER AGREEMENT dated as of December 26, 1996 (the "Amendment Agreement") among Gateway Healthcare Corporation, a Virginia corporation (the "Company"); the stockholders of the Company listed...And Waiver Agreement • January 9th, 1997 • Gulf South Medical Supply Inc • Wholesale-medical, dental & hospital equipment & supplies • Delaware
FIFTH AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • June 15th, 2005 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS FIFTH AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), is dated as of June 14, 2005, by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive
EXECUTION VERSION Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. NOTES AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
This Waiver Agreement (the “Agreement”) is entered into as of February 7, 2005, among Bookham Technology plc, a public limited company incorporated under the laws of England and Wales (“Bookham plc”), Bookham, Inc., a Delaware corporation (“Bookham, Inc.” and, together with Bookham plc and its other subsidiaries whose names appear on the signature pages hereto, the “Bookham Parties”), Nortel Networks UK Limited (“NNUKL”) and Nortel Networks Corporation (“Nortel Networks”).
RECITALSAnd Waiver Agreement • March 29th, 2000 • Empire Banc Corp • National commercial banks
ContractAnd Waiver Agreement • May 5th, 2020
EX-99.(B)(1)(G) 3 ex99-b1g.htm AMENDMENT AND WAIVER AGREEMENT (FINAL) Exhibit (b)(1)(G) EXECUTION COPY AMENDMENT AND WAIVER AGREEMENT THIS AMENDMENT AND WAIVER AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 1, 2006, is entered into between CEMEX, S.A.B. DE C.V., a sociedad anónima bursátil de capital variable organized under the laws of the United Mexican States (“Mexico”) (formerly CEMEX, S.A. de C.V.) (the “Borrower”), Cemex México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Empresas Tolteca de México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (each a “Guarantor” and collectively the “Guarantors”) and ING CAPITAL LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) acting on the instructions of the Required Lenders for and on behalf of the Lenders party to the Credit Agreement (as de
EX-10 3 hiithirdamendmentandwaiverre.htm THIRD AMENDMENT AND WAIVER AGREEMENT WITH HEARTLAND BANK (ACCOUNT PURCHASE) THIRD MODIFICATION AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
This Third Modification and Waiver Agreement (this “Amendment”) is dated effective as of May 20, 2015, by and among HII TECHNOLOGIES, INC., a Delaware corporation (“HII”), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), SAGE POWER SOLUTIONS, INC. f/k/a KMHVC, Inc., a Texas corporation (“Sage”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”) on behalf of the Lenders (as defined in the APA).
EXECUTION COPY AMENDMENT AND WAIVER AGREEMENT NO.2 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT Amendment and Waiver Agreement No.2, (this "Agreement") dated as of June 19, 1998 to the Amended and Restated Revolving Credit Agreement dated as of...And Waiver Agreement • October 27th, 1998 • Jitney Jungle Stores of America Inc /Mi/ • Retail-grocery stores • New York
ContractAnd Waiver Agreement • March 6th, 2024 • Bunge Global SA • Fats & oils • New York
FIRST AMENDMENT AND WAIVER AGREEMENTDATED 1 MARCH 2024FORBUNGE FINANCE EUROPE B.V.THE BORROWERWITHCRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANKACTING AS AGENT RELATING TO A FACILITY AGREEMENTDATED 6 OCTOBER 2023
EXHIBIT 10.2 ------------ 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 • May 21st, 2007 • Western Power & Equipment Corp • Wholesale-construction & mining (no petro) machinery & equip
Dated 5 May 2017 EUROPEAN INVESTMENT BANK as Bank INNOCOLL PHARMACEUTICALS LIMITED as Borrower and INNOCOLL HOLDINGS PLC as Guarantor AMENDMENT AND WAIVER AGREEMENT relating to a Finance Contract originally dated 27 March 2015And Waiver Agreement • May 10th, 2017 • Innocoll Holdings PLC • Pharmaceutical preparations • England and Wales
International Academic Internship Program Participation, Release, and Waiver AgreementAnd Waiver Agreement • March 17th, 2010
I, __________________________________, have applied for participation in the International Academic Internship Program (“Program”) sponsored by the College of Saint Benedict (“CSB”) and/or Saint John’s University (“SJU”) and plan to participate in an internship as follows:
COVID-19 SWIM TEAM PARTICIPATION AND POOL AREAS USE RELEASE AND WAIVER AGREEMENTAnd Waiver Agreement • April 27th, 2021 • Maryland
In consideration of entry and use of the “Pool Areas” (defined below) of Avenel Community Association, Inc. (the “Association”), and participation in “Swim Team Activities” (defined below) that take place at such Pool Areas, by signing this Swim Team Participation and Pool Areas Use Release and Waiver Agreement (the “Release”), I, the undersigned, agree to the following terms and conditions.
AMENDMENT NUMBER 1 AND WAIVER AGREEMENT TO EXCLUSIVE LICENSE AGREEMENTAnd Waiver Agreement • March 12th, 2020 • Aldeyra Therapeutics, Inc. • Pharmaceutical preparations • Massachusetts
THIS AMENDMENT NUMBER 1 AND WAIVER AGREEMENT (this “Amendment”), dated as of December 20, 2018, is entered into by and between Helio Vision, Inc., a Delaware corporation (“Licensee”), and Massachusetts Eye and Ear Infirmary, a Massachusetts non-profit organization (“MEEI”). Licensee and MEEI are the sole parties to that certain Exclusive License Agreement, dated as of July 7, 2017, (the “Agreement”). Capitalized terms used herein and not defined herein have the meanings ascribed to them in the Agreement.
PET INfORMATION AND WAIVER AGREEMENTAnd Waiver Agreement • May 1st, 2009
EX-4.5F 2 dex45f.htm AMENDMENT AND WAIVER AGREEMENT AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
AMENDMENT AND WAIVER AGREEMENT, dated as of November 10, 2009 (this “Agreement”) among JAZZ PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), JPI COMMERCIAL, LLC, a Delaware limited liability company (the “Borrower”), the other Credit Parties party hereto, the Purchasers party hereto, and LB I GROUP INC., as a Purchaser and as the collateral agent (in such capacity, the “Collateral Agent”) under that certain Loan Agreement (as defined below).
AMENDMENT NO. 1 AND WAIVER AGREEMENTAnd Waiver Agreement • May 7th, 2010 • HMS Holdings Corp • Services-business services, nec • New York
AMENDMENT NO. 1 AND WAIVER AGREEMENT (this “Agreement”) dated as of March 30, 2010 to the Credit Agreement referred to below, among HMS Holdings Corp. (the “Borrower”); each of the Guarantors identified under the caption “GUARANTORS” on the signature pages hereto; each of the Lenders identified under the caption “LENDERS” on the signature pages hereto; and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND WAIVER AGREEMENTAnd Waiver Agreement • December 8th, 2015 • Minnesota
I, (participant if over 18 or, participant’s parent or legal guardian), on behalf of myself and my minor child(ren), my heirs, executors, administrators and assigns, release, waive, discharge and covenant not to sue Bounce Town LLC (“BounceTown”), or any of its entities, its owner, officers, governors, contractors, agents and employees and agree to hold BounceTown harmless from all liability for its negligent acts or omissions resulting from my or the minor children’s participation in inflatable activities or other amusement activities, known or unanticipated, that result in physical or emotional injury, paralysis, death or damage to myself, my minor child(ren), or our personal property.
FIFTH AMENDMENT TO THE LOAN EXTENSION AND RELEASE AND WAIVER AGREEMENTAnd Waiver Agreement • April 13th, 2004 • Polar Molecular Holding Corp • Miscellaneous chemical products
This Fifth Amendment to the Loan Extension and Release and Waiver Agreement (this “Amendment”) is entered into by and between Polar Molecular Corporation, a Delaware corporation (the “Company”), and Affiliated Investments L.L.C., a Michigan limited liability company (the “Holder”), dated as of December 19, 2003.
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. SECOND NOTES AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • September 8th, 2005 • Bookham, Inc. • Semiconductors & related devices • New York
This Second Notes Amendment and Waiver Agreement (the “Agreement”) is entered into as of May 2, 2005, among Bookham Technology plc, a public limited company incorporated under the laws of England and Wales (“Bookham plc”), Bookham, Inc., a Delaware corporation (“Bookham, Inc.” and, together with Bookham plc and its other subsidiaries whose names appear on the signature pages hereto, the “Bookham Parties”), Nortel Networks UK Limited (“NNUKL”), Nortel Networks Corporation (“Nortel Networks”) and Nortel Networks Limited, a Canadian corporation (“NNL”).
AMENDMENT AND WAIVER AGREEMENT NO. 1 TO LOAN AGREEMENT DATED APRIL 11, 2003 between AGUAS DE PANAMA S.A. and INTERNATIONAL FINANCE CORPORATION Dated June 27, 2003And Waiver Agreement • January 7th, 2008 • Cascal B.V. • New York
This AMENDMENT AND WAIVER AGREEMENT No. 1 (this “Amendment and Waiver”), dated June 27, 2003, is made between AGUAS DE PANAMA S.A., a sociedad anónima organized and existing under the laws of the Republic of Panama (the “Borrower”) and INTERNATIONAL FINANCE CORPORATION, an international organization established by Articles of Agreement among its member countries including the Republic of Panama (“IFC”).
AMENDMENT AND WAIVER AGREEMENT with respect to ASSET PURCHASE AGREEMENTAnd Waiver Agreement • March 12th, 2008 • Biomimetic Therapeutics, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT AND WAIVER AGREEMENT WITH RESPECT TO ASSET PURCHASE AGREEMENT (this “Amendment”) is entered into and effective as of January 4, 2008, between BioMimetic Therapeutics, Inc., a Delaware corporation (“Seller”), and Luitpold Pharmaceuticals, Inc., a New York corporation (“Buyer”).
OMNIBUS AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • October 7th, 2005 • Tandem Health Care, Inc. • New York
OMINIBUS AMENDMENT AND WAIVER AGREEMENT, dated as of April 26, 2000, by and among TANDEM HEALTH CARE, INC., a Pennsylvania corporation (the “Company”), the several persons names in Schedule I hereto (collectively, the “Behrman Investors”), the several persons named in Schedule II hereto (collectively, the “Founders”) and GLEN A. TOBIAS (“Tobias”).
AMENDMENT AND WAIVER AGREEMENT NO. 5 TO CREDIT AGREEMENTAnd Waiver Agreement • November 3rd, 2003 • Manufacturers Services LTD • Electronic components, nec • New York
AMENDMENT AND WAIVER AGREEMENT NO. 5 dated as of July 3, 2003 (this “Agreement”), to that certain Credit Agreement (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), dated as of June 20, 2002, made by and among Manufacturers’ Services Limited, a Delaware corporation (the “Parent”), Manufacturers’ Services Salt Lake City Operations, Inc., a Delaware corporation (“MSSLCO”), Manufacturers’ Services Western U.S. Operations, Inc., a California corporation (“MSWUSO”), Manufacturers’ Services Central U.S. Operations, Inc., a Minnesota corporation (“MSCUSO”), MSL Lowell Operations, Inc., a Delaware corporation (“MSLLO”), MSL Midwest Operations, Inc., a Delaware corporation (“MSLMO”; and together with the Parent, MSSLCO, MSWUSO, MSCUSO and MSLLO, each a “Borrower” and, collectively, the “Borrowers”), the financial institutions party thereto from time to time (the “Lenders”), Bank of America, N.A., as administrative agent (in such capacity, together with
EX-10 2 hiithirdamendmentandwaiverte.htm THIRD AMENDMENT AND WAIVER AGREEMENT WITH HEARTLAND BANK (TERM LOAN) THIRD MODIFICATION AND WAIVER AGREEMENTAnd Waiver Agreement • May 5th, 2020 • New York
This Third Modification and Waiver Agreement (this “Amendment”) is dated effective as of May 20, 2015, by and among HII TECHNOLOGIES, INC., a Delaware corporation (“HII”), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), SAGE POWER SOLUTIONS, INC. f/k/a KMHVC, Inc., a Texas corporation (“Sage”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”) on behalf of the Lenders (as defined in the Credit Agreement).
LITTLE MISS STAMPEDE EXPERIENCE - PARTICIPANT RELEASE AND WAIVER AGREEMENTAnd Waiver Agreement • March 5th, 2020 • Montana
