WITNESSETH:Third Forbearance Agreement • July 22nd, 2005 • McLeodusa Inc • Radiotelephone communications • New York
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • April 2nd, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of March 31, 2009, by and among Pacific Ethanol Holding Co. LLC (“Holding”), Pacific Ethanol Madera LLC (“Madera”), Pacific Ethanol Columbia, LLC (“Columbia”), Pacific Ethanol Stockton, LLC (“Stockton”) and Pacific Ethanol Magic Valley, LLC (“Magic Valley” and together with Holding, Madera, Columbia and Stockton, the “Borrowers”), WestLB AG, New York Branch, as administrative agent for the Senior Secured Parties (in such capacity, the “Administrative Agent”), WestLB AG New York Branch, as collateral agent for the Senior Secured Parties (in such capacity, the “Collateral Agent” and, collectively with the Administrative Agent, the “Agent”) and Amarillo National Bank, as accounts bank for the Senior Secured Parties (the “Accounts Bank”), as parties to the Credit Agreement (defined below). Capitalized terms used in this Agreement which are not otherwise defined herein, shall have the meanings given such terms in the Cre
AMENDMENT TO THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • November 4th, 2015 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • Illinois
This AMENDMENT TO THIRD FORBEARANCE AGREEMENT (this "Amendment"), dated as of October 30, 2015, is by and between Essex Crane Rental Corp., a Delaware corporation ("Borrower"), Essex Holdings, LLC, a Delaware limited liability company ("Parent"; together with Borrower, collectively, "Loan Parties"), and Wells Fargo Capital Finance, LLC, in its capacity as agent under the Credit Agreement defined below ("Agent"), and all Lenders under such Credit Agreement.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • November 9th, 2017 • Alliqua BioMedical, Inc. • Surgical & medical instruments & apparatus • New York
This THIRD FORBEARANCE AGREEMENT, dated as of November 7, 2017 (this “Agreement”), is made by and among ALLIQUA BIOMEDICAL, INC., a Delaware Corporation (the “Borrower”), AQUAMED TECHNOLOGIES, INC., a Delaware corporation (the “Guarantor”; the Borrower and the Guarantor are each also referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”) and PERCEPTIVE CREDIT HOLDINGS, L.P., a Delaware limited partnership (the “Lender”). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • March 7th, 2011 • Sbarro Inc • Retail-eating places
This Third Forbearance Agreement (herein, the “Third Forbearance Agreement”) is made as of this 3rd day of March, 2011, by and among Sbarro, Inc., a New York corporation (the “Borrower”), Sbarro Holdings, LLC, a Delaware limited liability company (“Holdings”), the Lenders (as defined in the Credit Agreement) party hereto and Bank of America, N.A., as Administrative Agent.
Third Forbearance AgreementThird Forbearance Agreement • January 14th, 2010 • American Home Food Products, Inc. • Dairy products • Utah
This Third Forbearance Agreement is made by and between Summit Financial Resources, L.P., a Hawaii limited partnership ("Summit"), Artisanal Cheese, LLC, a New York limited liability company ("Client"), American Home Food Products, Inc., a New York corporation ("AFP"), and Daniel W. Dowe, an individual ("Dowe") (AFP and Dowe are collectively referred to as "Guarantors").
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This THIRD FORBEARANCE AGREEMENT, dated as of October 1, 2009 (this “Agreement”), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HomePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Cars Alliance of Virginia (collectively, the “Makers”), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the “Agent”) and those certain entities appearing on Schedule I attached hereto (collectively, the “Forbearing Holders”).
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • May 11th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • Illinois
This Third Forbearance Agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of May 11, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (“Borrower”), RNK, Inc., a Massachusetts corporation (“RNK”), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (“VOIP”), Wave2Wave Data Communications, LLC, a Delaware limited liability company (“Wave Data”), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (“Wave Communications”), RNK VA, LLC, a Virginia limited liability company (“RNK VA” RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a “Company” and collectively as the “Companies”), the financial institutions party hereto as “Lenders” (collectively, the “Lenders”) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders
1 THIRD FORBEARANCE AGREEMENT The effective date of this Agreement is May 1, 1998. The Parties to this Agreement are U.S. Bank National Association ("Bank"), Geographics, Inc. ("Borrower"), and Geographics Marketing Canada and Martin Distributing,...Third Forbearance Agreement • March 22nd, 1999 • Geographics Inc • Wholesale-paper & paper products
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • June 2nd, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS THIRD FORBEARANCE AGREEMENT, dated as of June 1, 2020 (this “Agreement”), by and among AG Mortgage Investment Trust, Inc. and its undersigned affiliates, jointly and severally (each, a “Seller Entity,” and collectively, the “Companies”), and the buyer parties listed on Schedule 1 hereto (collectively, the “Participating Counterparties”), recites and provides as follows:
AMENDMENT NUMBER ONE TO THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • March 5th, 2013 • Cpi Corp • Services-personal services
This Amendment Number One to Third Forbearance Agreement dated as of February 26, 2013 (the “Amendment Agreement”), is entered into by and among: (i) CPI Corp., a Delaware corporation (the “Borrower” also referred to herein as the “Company”); (ii) Consumer Programs Incorporated, a Missouri corporation (“CP Inc.”), CPI Canadian Holdings, Inc., a Delaware corporation (“CPI Canada Holdings”), CPI Images, L.L.C., a Missouri limited liability company (“Images”), CPI International Holdings, Inc., a Delaware corporation (“CPI International”), Texas Portraits L.P., a Delaware limited partnership (“Texas”), Centrics Technology, Inc., a Delaware corporation (“Centrics”), and Image Source Inc., a Missouri corporation (“ISI,” and, with CP Inc., CPI Canada Holdings, Images, CPI International, Texas and Centrics, each an “Original Guarantor” and, collectively, the “Original Guarantors”); (iii) Bella Pictures Holdings, LLC, a Delaware limited liability company (“Bella”), and Sandy Realty Holdings, LL
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • September 18th, 2015 • Quicksilver Resources Inc • Crude petroleum & natural gas
This THIRD FORBEARANCE AGREEMENT (this “Agreement”), dated as of September 15, 2015, to and under the Canadian Credit Agreement referenced below is among QUICKSILVER RESOURCES CANADA INC., (the “Canadian Borrower”), JPMORGAN CHASE BANK, N.A., as global administrative agent (in such capacity, the “Global Administrative Agent”), JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian administrative agent (in such capacity, the “Canadian Administrative Agent” and, together with the Global Administrative Agent, the “Administrative Agents”), and the Combined Lenders (as defined below) party hereto.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • October 13th, 2015 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • Illinois
This THIRD FORBEARANCE AGREEMENT (this "Agreement"), dated as of October 7, 2015, is by and between Essex Crane Rental Corp., a Delaware corporation ("Borrower"), Essex Holdings, LLC, a Delaware limited liability company ("Parent"; and together with Borrower, collectively, the "Loan Parties"), and Wells Fargo Capital Finance, LLC, in its capacity as agent under the Credit Agreement defined below ("Agent"), and all Lenders under such Credit Agreement.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • May 4th, 2009 • Butler International Inc /Md/ • Services-help supply services • New York
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of April 27, 2009, by and among, BUTLER SERVICE GROUP, INC., a New Jersey corporation (“Borrower”), the other Credit Parties signatory hereto, the Lenders signatory hereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), as Lender and as administrative agent for the Lenders (in such capacity, the “Agent”) under the Credit Agreement (as hereinafter defined).
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • February 8th, 2013 • Cpi Corp • Services-personal services
This Third Forbearance Agreement dated as of January 29, 2013 (the “Third Forbearance Agreement”), is entered into by and among: (i) CPI Corp., a Delaware corporation (the “Borrower” also referred to herein as the “Company”); (ii) Consumer Programs Incorporated, a Missouri corporation (“CP Inc.”), CPI Canadian Holdings, Inc., a Delaware corporation (“CPI Canada”), CPI Images, L.L.C., a Missouri limited liability company (“Images”), CPI International Holdings, Inc., a Delaware corporation (“CPI International”), Texas Portraits L.P., a Delaware limited partnership (“Texas”), Centrics Technology, Inc., a Delaware corporation (“Centrics”), and Image Source Inc., a Missouri corporation (“ISI,” and, with CP Inc., CPI Canada, Images, CPI International, Texas and Centrics, each an “Original Guarantor” and, collectively, the “Original Guarantors”); (iii) Bella Pictures Holdings, LLC, a Delaware limited liability company (“Bella”), and Sandy Realty Holdings, LLC, a Missouri limited liability com
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • October 17th, 2001 • Leiner Health Products Inc • Pharmaceutical preparations • New York
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of September 28, 2001 among LEINER HEALTH PRODUCTS INC. (the “U.S. Borrower”), VITA HEALTH PRODUCTS INC. (the “Canadian Borrower,” and together with the U.S. Borrower, the “Borrowers”), THE BANK OF NOVA SCOTIA, as U.S. Agent and as Canadian Agent, and the lenders party to the Credit Agreement referred to below.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • October 20th, 2009 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of October 16, 2009, among Vitesse Semiconductor Corporation, a Delaware corporation (the “Borrower”), the other Loan Parties (as defined below), and Whitebox VSC Ltd., a British Virgin Islands business company (the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Loan Agreement dated as of August 23, 2007, by and among the lenders from time to time signatory thereto (collectively the “Lenders” and individually each a “Lender”), the Borrower, and the Agent, as one of the Lenders and as agent for the Lenders.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • September 13th, 2023 • Avalo Therapeutics, Inc. • Pharmaceutical preparations • Connecticut
This THIRD FORBEARANCE AGREEMENT (this “Agreement”) is made as of September 13, 2023, by and among (i) Avalo Therapeutics, Inc. (f/k/a Cerecor Inc.), a Delaware corporation (the “Borrower”), (ii) Horizon Credit II LLC, Horizon Funding Trust 2019-1, Horizon Funding I, LLC, and Powerscourt Investments XXV Trust, as lenders (collectively, the “Lenders”), and (iii) Horizon Technology Finance Corporation, as collateral agent for the Lenders (in such capacity, the “Collateral Agent” and collectively with the Lenders, the “Secured Parties”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Agreement (as defined below).
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • October 15th, 2021 • Trinity Place Holdings Inc. • Operators of nonresidential buildings • New York
This Third Forbearance Agreement (this “Agreement”) is made as of October 1, 2021 (the “Forbearance Effective Date”), by and among TPHGREENWICH OWNER LLC, a Delaware limited liability company (“Borrower”), trinity place holdings inc., a Delaware corporation (“Indemnitor”), TPHGREENWICH MEZZ LLC, a Delaware limited liability company (“Pledgor”), MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation (together with its successors and assigns, “Lender”) and solely for purposes of acknowledging paragraph 8 below, TPHS Lender II LLC, a Delaware limited liability company (“Mezzanine Lender”). Borrower, Indemnitor and Pledgor are herein referred to individually as a “Borrower Party” and collectively as the “Borrower Parties”.
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • October 19th, 2011 • Northern California Bancorp Inc • State commercial banks • Wisconsin
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”), is made effective as of September 29, 2011, by and between: (i) NORTHERN CALIFORNIA BANCORP, INC., a California corporation (“Borrower); and (ii) BMO Harris Bank N.A., as successor to M&I Marshall & Ilsley Bank (“Lender”).
THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • June 3rd, 2020 • Mfa Financial, Inc. • Real estate investment trusts • New York
THIS THIRD FORBEARANCE AGREEMENT, dated as of June 1, 2020 (this “Agreement”), by and among MFA Financial, Inc. and its undersigned affiliates, jointly and severally (each, a “Seller Entity,” and collectively, the “Companies”), and the buyer parties listed on Schedule 1 hereto (collectively, the “Participating Counterparties”), recites and provides as follows:
