Loan and Security Agreement and Waiver Sample Contracts

RECITALS
Loan and Security Agreement and Waiver • September 26th, 2006 • Commerce Energy Group, Inc. • Electric services • California
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THIRD AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • April 6th, 2022 • Perma Fix Environmental Services Inc • Hazardous waste management

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER, dated as of March 29, 2022 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.

FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 15th, 2010 • Cobra Electronics Corp • Radio & tv broadcasting & communications equipment • Illinois

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (“Amendment”) is made as of March 9, 2010 by and among COBRA ELECTRONICS CORPORATION, a Delaware corporation (the “Borrower”), THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank, as Administrative Agent (“Administrative Agent”) and the Lenders currently party to the Loan Agreement (as hereinafter defined).

TENTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 15th, 2017 • Intricon Corp • Electronic components & accessories • Minnesota

THIS TENTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of March 9, 2017, by and among INTRICON CORPORATION, a Pennsylvania corporation, INTRICON, INC., a Minnesota corporation (each, a “Borrower”; collectively, the “Borrowers”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Bank”).

SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • May 20th, 2011 • Vystar Corp • Fabricated rubber products, nec • Georgia

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is dated as of May 20, 2011, and is entered into between TOPPING LIFT CAPITAL LLC, a Georgia limited liability company (together with its successors and assigns, “Lender”), and VYSTAR CORPORATION, a Georgia corporation (“Borrower”).

EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • June 12th, 2008 • Commerce Energy Group, Inc. • Electric services • California

THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this "Amendment"), dated as of June 11, 2008, is entered into among COMMERCE ENERGY, INC., a California corporation ("Borrower"), COMMERCE ENERGY GROUP, INC., a Delaware corporation ("Parent"), WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent ("Agent") and the financial institutions party to the below referenced Loan Agreement as Lenders (collectively, "Lenders").

AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • August 27th, 2009 • Video Display Corp • Electronic components & accessories • Georgia

This Amendment to Loan and Security Agreement and Waiver (this “Amendment”) is made and entered into as of August 25, 2009 by and between VIDEO DISPLAY CORPORATION, a Georgia corporation (“Parent”), LEXEL IMAGING SYSTEMS, INC. (“Lexel”), FOX INTERNATIONAL, LTD., INC. (“Fox”), Z-AXIS, INC. (“Z-Axis”), TELTRON TECHNOLOGIES, INC. (“Teltron”) and AYDIN DISPLAYS, INC. (“Aydin” and together with Lexel, Fox, Z-Axis and Teltron, collectively, the “Subsidiaries”; and the Subsidiaries, together with Parent, collectively, the “Borrower”), and RBC BANK (USA) (formerly known as RBC Centura Bank) (the “Bank”);

LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • August 15th, 2016 • Modsys International LTD • Services-computer programming services

This Sixth Amendment to Loan and Security Agreement and Waiver (this “Amendment”) is entered into as of August 4, 2016, by and among MODERN SYSTEMS CORPORATION, a Delaware corporation, formerly known as BluePhoenix Solutions USA, Inc., a Delaware corporation (“Modern”) and MS MODERNIZATION SERVICES, INC., a Texas corporation, formerly known as Sophisticated Business Systems, Inc., successor by merger to BP-AT Acquisition LLC, a Delaware limited liability company f/k/a BP-AT Acquisition Corporation, a Delaware corporation (“MS”, and collectively with Modern, “Borrowers”, and each individually, a “Borrower”), and COMERICA BANK (“Bank”).

THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • November 6th, 2009 • Cobra Electronics Corp • Radio & tv broadcasting & communications equipment • Illinois

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (“Amendment”) is made as of October 24, 2009 by and among COBRA ELECTRONICS CORPORATION, a Delaware corporation (the “Borrower”), THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank, as Administrative Agent (“Administrative Agent”) and the Lenders currently party to the Loan Agreement (as hereinafter defined).

SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 14th, 2008 • Commerce Energy Group, Inc. • Electric services • California

THIS SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this "Amendment"), dated as of March 12, 2008, is entered into among COMMERCE ENERGY, INC., a California corporation ("Borrower"), COMMERCE ENERGY GROUP, INC., a Delaware corporation ("Parent"), WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent ("Agent") and the financial institutions party to the below referenced Loan Agreement as Lenders (collectively, "Lenders").

FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • January 18th, 2005 • Geologistics Corp • Arrangement of transportation of freight & cargo • California

THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), dated as of November 4, 2004, is entered into by and among CONGRESS FINANCIAL CORPORATION (WESTERN), a California corporation (“Lender”) and MATRIX INTERNATIONAL LOGISTICS, INC., a Delaware corporation (“MIL”), GEOLOGISTICS AMERICAS INC., a Delaware corporation (“GLA”), and GEOLOGISTICS EXPO SERVICES, LLC, a Georgia limited liability company (“EXPO” and together with MIL and GLA, collectively referred to herein as “Borrowers” and individually, each a “Borrower”).

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 17th, 2008 • Nautilus, Inc. • Sporting & athletic goods, nec • California

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT WAIVER (this “Amendment”), dated as of February 29, 2008, is entered into by and among the financial institutions signatory hereto (each a “Lender” and collectively the “Lenders”), BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, “Agent”), NAUTILUS, INC., a Washington corporation (“US Borrower”), NAUTILUS INTERNATIONAL S.A., a Swiss private share company (“Swiss Borrower”, and together with US Borrower, collectively, “Borrowers”).

AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • February 9th, 2010 • Farmer Brothers Co • Miscellaneous food preparations & kindred products • California

THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment No. 3”), dated as of November 20, 2009, is by and among Wachovia Bank, National Association, a national banking association (“Lender”), Farmer Bros. Co., a Delaware corporation (as surviving corporation of the merger with FBC Realty, LLC formerly known as SL Realty, LLC, a Delaware limited liability company, “Farmer”) and Coffee Bean International, Inc., an Oregon corporation (“CBI” and together with Farmer, each individually a “Borrower” and collectively, “Borrowers”), Coffee Bean Holding Co., Inc., a Delaware corporation (“Coffee Holding”), FBC Finance Company, a California corporation (“Finance” and together with Coffee Holding, each individually a “Guarantor” and collectively, “Guarantors”).

FOURTEENTH MODIFICATION TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • January 28th, 2020 • NeuroMetrix, Inc. • Surgical & medical instruments & apparatus

This Fourteenth Modification to Loan and Security Agreement and Waiver (this "Modification") dated November 27, 2019, is entered into by and between Neurometrix, Inc., a Delaware corporation ("Borrower"), and Comerica Bank ("Bank").

FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 22nd, 2016 • Modsys International LTD • Services-computer programming services

This Fifth Amendment to Loan and Security Agreement and Waiver (this “Amendment”) is entered into as of March 9, 2016, by and among MODERN SYSTEMS CORPORATION, a Delaware corporation, formerly known as BluePhoenix Solutions USA, Inc., a Delaware corporation (“Modern”) and MS MODERNIZATION SERVICES, INC., a Texas corporation, formerly known as Sophisticated Business Systems, Inc., successor by merger to BP-AT Acquisition LLC, a Delaware limited liability company f/k/a BP-AT Acquisition Corporation, a Delaware corporation (“MS”, and collectively with Modern, “Borrowers”, and each individually, a “Borrower”), and COMERICA BANK (“Bank”).

AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • August 12th, 2011 • Lighting Science Group Corp • Electric lighting & wiring equipment • New York

WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as agent (in such capacity, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the Secured Parties (as defined in the Loan Agreement), and the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) have entered into financing arrangements pursuant to which Agent and Lenders may make loans and advances and provide other financial accommodations to LIGHTING SCIENCE GROUP CORPORATION, a Delaware corporation (“Lighting Science”), as set forth in the Loan and Security Agreement, dated November 22, 2010, by and among Lighting Science, the other Borrowers (as defined in the Loan Agreement), BIOLOGICAL ILLUMINATION, LLC, a Delaware limited liability company (“Biological”), LSGC, LLC, a Delaware limited liability company (“LSGC”, and together with Biological and any other Person that at any time after the date hereof becomes a Guarantor, each individual

FOURTEENTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • May 20th, 2020 • Intricon Corp • Electronic components & accessories • Minnesota

THIS FOURTEENTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of May 13, 2020, by and among INTRICON CORPORATION, a Pennsylvania corporation (“IntriCon”), INTRICON, INC., a Minnesota corporation (“Inc.”), HEARING HELP EXPRESS, INC., an Illinois corporation (“HHE”, and, together with Inc., and IntriCon, the “Borrowers”, and, each, individually, a “Borrower”), and CIBC BANK USA, an Illinois banking corporation (the “Bank”).

AMENDMENT NUMBER THIRTEEN TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • September 14th, 2023 • Alliance Entertainment Holding Corp • Wholesale-durable goods, nec • New York

This AMENDMENT NUMBER THIRTEEN TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), dated as of September 13, 2023, is entered into by and among AENT CORPORATION, a Delaware corporation (f/k/a Alliance Entertainment Holding Corporation, a Delaware corporation) (“AENT”), PROJECT PANTHER ACQUISITION CORPORATION, a Delaware corporation (“Panther”), AEC DIRECT, LLC, a Delaware limited liability company (“AEC”), ALLIANCE ENTERTAINMENT, LLC, a Delaware limited liability company (“Alliance”), DIRECTTOU, LLC, a Delaware limited liability company (“Directtou”), MECCA ELECTRONICS INDUSTRIES, INC., a New York corporation (“Mecca”), MILL CREEK ENTERTAINMENT, LLC, a Minnesota limited liability company (“Mill Creek”) and COKEM INTERNATIONAL, LTD., a Minnesota corporation (“COKeM”, and together with AENT, Panther, AEC, Alliance, Directtou, Mecca and Mill Creek, each a “Borrower”, and collectively, the “Borrowers”), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., a nat

SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • July 7th, 2008 • Intricon Corp • Electronic components & accessories • Minnesota

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of June 30, 2008, by and among INTRICON CORPORATION, a Pennsylvania corporation (“IntriCon”), RESISTANCE TECHNOLOGY, INC., a Minnesota corporation (“RTI”), RTI ELECTRONICS, INC., a Delaware corporation (“RTIE”), and INTRICON TIBBETTS CORPORATION (formerly known as TI Acquisition Corporation), a Maine corporation (“ITC”) (each of IntriCon, RTI, RTIE and ITC, a “Borrower” and, collectively, “Borrowers”), and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

AMENDMENT NUMBER FIVE TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • November 7th, 2003 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies

This Amendment Number Five to Loan and Security Agreement and Waiver (“Fifth Amendment”) is entered into as of July 16, 2003, by and between WELLS FARGO FOOTHILL, INC., a California corporation, f/k/a/ Foothill Capital Corporation (“Foothill”), and EVANS & SUTHERLAND COMPUTER CORPORATION, a Utah corporation (“Borrower”), in light of the following:

TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • October 28th, 2016 • Broadwind Energy, Inc. • Nonferrous foundries (castings) • New York

This TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is entered into as of August 29, 2016, among BROADWIND ENERGY, INC., a Delaware corporation (“Parent”), BRAD FOOTE GEAR WORKS, INC., an Illinois corporation (“Brad Foote”), BROADWIND SERVICES, LLC, a Delaware limited liability company (“Broadwind Services”), BROADWIND TOWERS, INC., a Wisconsin corporation (“Broadwind Towers” and, together with Parent, Brad Foote and Broadwind Services, each a “Borrower” and collectively the “Borrowers”), 1309 South Cicero Avenue, LLC, a Delaware limited liability company (“South Cicero”), 5100 Neville Road, LLC, a Delaware limited liability company (“Neville” and, together with South Cicero, each a “Guarantor” and collectively the “Guarantors”), and ALOSTAR BANK OF COMMERCE, a state banking institution incorporated or otherwise organized under the laws of the State of Alabama (the “Lender”).

THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • August 14th, 2019 • Enservco Corp • Oil & gas field services, nec • California

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), dated as of August 12, 2019, is entered into by and between ENSERVCO CORPORATION, a Delaware corporation, DILLCO FLUID SERVICE, INC., a Kansas corporation, HEAT WAVES HOT OIL SERVICE LLC, a Colorado limited liability company, HEAT WAVES WATER MANAGEMENT LLC, a Colorado limited liability company, and ADLER HOT OIL SERVICE, LLC, a Delaware limited liability company (collectively, “Borrowers”), on the one hand, and EAST WEST BANK, a California banking corporation (“Lender”), on the other hand, with reference to the following facts:

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AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 15th, 2021 • Bespoke Capital Acquisition Corp • Blank checks

This AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is dated as of July 13, 2020, and is entered into by and among VINTAGE WINE ESTATES, INC., a California corporation (“Borrower Agent”), each other Subsidiary of Borrower Agent party to the Loan Agreement referenced below (together with the Borrower Agent, each a “Borrower” and, collectively “Borrowers”), the financial institutions party hereto (the “Lenders”), and BANK OF THE WEST, as administrative agent for the Lenders (in such capacity, “Agent”).

Contract
Loan and Security Agreement and Waiver • February 12th, 2016 • NeuroMetrix, Inc. • Surgical & medical instruments & apparatus

SEVENTH MODIFICATION TO LOAN AND SECURITY AGREEMENT AND WAIVER This Seventh Modification to Loan and Security Agreement and Waiver (the “Modification”) is entered into as of January 14, 2016, by and between COMERICA BANK (“Bank”) and NEUROMETRIX, INC., a Delaware corporation (“Borrower”). RECITALS Borrower and Bank are parties to that certain Loan and Security Agreement dated as of March 5, 2010 (as amended from time to time, including, without limitation, by that certain First Modification to Loan and Security Agreement dated as of March 1, 2011, that certain Second Modification to Loan and Security Agreement, dated as of February 15, 2012, that certain Third Modification to Loan and Security Agreement, dated as of April 19, 2012, that certain Fourth Modification to Loan and Security Agreement, dated as of January 28, 2013, that certain Fifth Modification to Loan and Security Agreement dated as of January 31, 2014, and that certain Sixth Modification to Loan and Security Agreement dat

NINTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • August 15th, 2016 • Intricon Corp • Electronic components & accessories • Minnesota

THIS NINTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER (this "Amendment") is made and entered into as of August 15, 2016, by and among INTRICON CORPORATION, a Pennsylvania corporation, INTRICON, INC. (formerly known as Resistance Technology, Inc.), a Minnesota corporation (successor-by-merger to Intricon Datrix Corporation (formerly known as Jon Barron, Inc.) (d/b/a Datrix), a California corporation) (each, a "Borrower"; collectively, the "Borrowers"), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the "Bank").

FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 15th, 2011 • Transcend Services Inc • Services-business services, nec • Georgia

THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into this 3rd day of March, 2011, by and between TRANSCEND SERVICES, INC., a Delaware corporation (“Transcend”), and successor-by-merger to MEDICAL DICTATION SERVICES, INC., a Maryland corporation (“Medical”; hereinafter referred to as “Borrower”), with its chief executive office and principal place of business at One Glenlake Parkway, Suite 1400, Atlanta, Georgia 30328; and REGIONS BANK, an Alabama bank (hereinafter referred to as “Lender”) with an office at One Glenlake Parkway, Suite 400, Atlanta, Georgia 30328.

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • February 28th, 2013 • Broadwind Energy, Inc. • Nonferrous foundries (castings) • New York

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is entered into as of February 13, 2013, among BROADWIND ENERGY, INC., a Delaware corporation (“Parent”), BRAD FOOTE GEAR WORKS, INC., an Illinois corporation (“Brad Foote”), BROADWIND SERVICES, LLC, a Delaware limited liability company (“Broadwind Services”), BROADWIND TOWERS, INC., a Wisconsin corporation (“Broadwind Towers” and, together with Parent, Brad Foote and Broadwind Services, each a “Borrower” and collectively the “Borrowers”), 1309 South Cicero Avenue, LLC, a Delaware limited liability company (“South Cicero”), 5100 Neville Road, LLC, a Delaware limited liability company (“Neville” and, together with South Cicero, each a “Guarantor” and collectively the “Guarantors”), and ALOSTAR BANK OF COMMERCE, a state banking institution incorporated or otherwise organized under the laws of the State of Alabama (the “Lender”).

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • May 17th, 2010 • Intricon Corp • Electronic components & accessories • Minnesota

THIS FIRST AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of March 12, 2010, by and among INTRICON CORPORATION, a Pennsylvania corporation (“IntriCon”), INTRICON, INC. (formerly known as Resistance Technology, Inc.), a Minnesota corporation (“Inc.”), RTI ELECTRONICS, INC., a Delaware corporation (“RTIE”), INTRICON TIBBETTS CORPORATION (formerly known as TI Acquisition Corporation), a Maine corporation (“Tibbetts”), and INTRICON DATRIX CORPORATION (formerly known as Jon Barron, Inc.) (d/b/a Datrix), a California corporation (“Datrix”) (each, a “Borrower”; collectively, the “Borrowers”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Bank”).

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • November 21st, 2017 • Enservco Corp • Oil & gas field services, nec • California

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), dated as of November 20, 2017, is entered into by and among ENSERVCO CORPORATION, a Delaware corporation, DILLCO FLUID SERVICE, INC., a Kansas corporation, HEAT WAVES HOT OIL SERVICE LLC, a Colorado limited liability company, HEAT WAVES WATER MANAGEMENT LLC, a Colorado limited liability company (collectively, “Borrowers”), and EAST WEST BANK, a California banking corporation (“Lender”), with reference to the following facts:

AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 26th, 2003 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies

This Amendment Number Two to Loan and Security Agreement and Waiver ("Second Amendment") is entered into as of December 14, 2002, by and between FOOTHILL CAPITAL CORPORATION, a California corporation ("Foothill"), and EVANS & SUTHERLAND COMPUTER CORPORATION, a Utah corporation ("Borrower"), in light of the following:

FIFTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • July 17th, 2017 • Fifth Street Senior Floating Rate Corp. • New York

THIS FIFTH AMENDMENT TO Loan AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), is made as of July 13, 2017, by and among Fifth Street Senior Floating Rate Corp., as the collateral manager (in such capacity, the “Collateral Manager”), and as the seller (in such capacity, the “Seller”), FS Senior Funding II LLC, as the borrower (the “Borrower”), Citibank, N.A., as administrative agent (the “Administrative Agent”) and Citibank, N.A., as the sole lender (the “Lender”).

FOURTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • March 20th, 2020 • Perma Fix Environmental Services Inc • Hazardous waste management

THIS FOURTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER, dated as of April 14, 2014 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.

FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • November 8th, 2023 • Interpace Biosciences, Inc. • Surgical & medical instruments & apparatus

This Fourth Amendment to Loan and Security Agreement and Waiver (this “Amendment”) is entered into as of October ___, 2022 by and between COMERICA BANK (“Bank”), INTERPACE BIOSCIENCES, INC., a Delaware corporation (“Parent”), INTERPACE DIAGNOSTICS CORPORATION, a Delaware corporation (“Diagnostics Corporation”), INTERPACE DIAGNOSTICS, LLC, a Delaware limited liability company (“Diagnostics” and together with Parent, and Diagnostics Corporation, the “Borrowers” and each individually a “Borrower”).

AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California

This AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is entered into as of August 13, 2002 by and between FOOTHILL CAPITAL CORPORATION, a California corporation (“Lender”), and BRIO SOFTWARE, INC., formerly known as Brio Technology, Inc., a Delaware corporation (“Borrower”), with reference to the following:

NINTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER
Loan and Security Agreement and Waiver • November 18th, 2016 • Perma Fix Environmental Services Inc • Hazardous waste management

THIS NINTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER, dated as of November 17, 2016 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.

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