Amended And Restated Forbearance Agreement Sample Contracts

Forbes Energy Svcs – Amended and Restated Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (December 28th, 2016)

THIS AMENDED AND RESTATED FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Agreement") is made and entered into on December 23, 2016, by and among FORBES ENERGY SERVICES LLC, a limited liability company formed under the laws of the State of Delaware ("Energy Services"), TX ENERGY SERVICES, LLC, a limited liability company formed under the laws of the State of Delaware ("TX Energy"), C.C. FORBES, LLC, a limited liability company formed under the laws of the State of Delaware and successor by merger to SUPERIOR TUBING TESTERS, LLC, a limited liability company formed under the laws of the State of Delaware ("C.C."), and FORBES ENERGY INTERNATIONAL, LLC, a limited liability company formed under the laws of the State of Delaware ("International"; and together with Energy Services, TX Energy and C.C., each a "Borrower" and collectively, the "Borrowers"), FORBES ENERGY SERVICES LTD., a Texas corporation ("Parent" or "Guarantor"; and, together with Borrowers, th

Amended and Restated Forbearance Agreement (May 27th, 2016)

This Amended and Restated Forbearance Agreement (this Agreement) is entered into as of May 26, 2016, by and among Hercules Offshore, Inc., a Delaware corporation (the Borrower), the Subsidiary Guarantors, Jefferies Finance LLC, as administrative agent (in such capacity, the Administrative Agent) and collateral agent (in such capacity, the Collateral Agent) and the Lenders signatory hereto. Any capitalized terms not specifically defined herein will have the meaning ascribed to them in the Credit Agreement.

Amendment Number Ten and Amended and Restated Forbearance Agreement (October 14th, 2015)

This Amendment Number Ten and Amended and Restated Forbearance Agreement (Agreement) is entered into as of October 8, 2015, by and among WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company as agent for the Lenders set forth in the signature pages of this Amendment and the Lenders (in such capacity, Agent) on the one hand, and DAEGIS INC., a Delaware corporation (Borrower), and each of the guarantors identified in the signature pages to this Agreement (together with Parent, each a Guarantor and collectively, the Guarantors), on the other hand, in light of the following:

Second Amended and Restated Forbearance Agreement (March 3rd, 2015)

SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of February 28, 2015 (this "Forbearance"), with respect to that certain Credit Agreement, dated as of May 12, 2014 (as amended, supplemented or otherwise modified, the "Credit Agreement"), by and among PhotoMedex, Inc., as borrower (the "Borrower"), the Loan Parties from time to time party thereto, the Lenders from time to time party thereto, and JPMorgan Chase Bank, N.A., as administrative agent (the "Administrative Agent"), among others.

Dune Energy, Inc. – Second Amended and Restated Forbearance Agreement (February 3rd, 2015)

This SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT (this Agreement), effective as of January 31, 2015, by and among DUNE ENERGY, INC., a Delaware corporation (the Borrower); DUNE PROPERTIES, INC. (DPI) and DUNE OPERATING COMPANY (DOC) (DOC and DPI, collectively, the Guarantors); certain of the lenders (the Lenders) party to the Credit Agreement referred to below; and BANK OF MONTREAL, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).

Dune Energy, Inc. – Amended and Restated Forbearance Agreement and Fifth Amendment to the Amended and Restated Credit Agreement (January 6th, 2015)

This AMENDED AND RESTATED FORBEARANCE AGREEMENT AND FIFTH AMENDMENT TO THE AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement), effective as of December 31, 2014, is among DUNE ENERGY, INC., a Delaware corporation (the Borrower); the Guarantors party hereto; certain of the lenders (the Lenders) party to the Credit Agreement referred to below; and BANK OF MONTREAL, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).

SECOND AMENDMENT to the AMENDED AND RESTATED AGREEMENT CONCERNING OUTSTANDING/FUTURE COMMISSIONS AND SECURITY AGREEMENT (Amended and Restated Forbearance Agreement) (November 17th, 2014)

THIS SECOND AMENDMENT to the AMENDED AND RESTATED AGREEMENT CONCERNING OUTSTANDING/FUTURE COMMISSIONS AND SECURITY AGREEMENT (this "Second Amendment"), dated as of July 15, 2014 , by and between LKN Communications, Inc., dba ACN, Inc. (formerly known as American Communications Network, Inc.) (hereinafter "ACN US"), ACN Europe B.V. ("ACN Europe"), ACN Digital Phone Service, LLC ("DPS") (ACN US, ACN Europe and DPS are collectively referred to herein as "ACN"), and deltathree, Inc. ("Inc."), DME Solutions, Inc. ("DME"), and Delta Three Israel, Ltd. ("Delta Three Israel") (Inc., DME, and Delta Three Israel are collectively referred to herein as "D3").

Amended and Restated Forbearance Agreement (November 4th, 2014)

AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of October 31, 2014 (this "Forbearance"), with respect to that certain Credit Agreement, dated as of May 12, 2014 (as amended, supplemented or otherwise modified, the "Credit Agreement"), by and among PhotoMedex, Inc., as borrower (the "Borrower"), the Loan Parties from time to time party thereto, the Lenders from time to time party thereto, and JPMorgan Chase Bank, N.A., as administrative agent (the "Administrative Agent"), among others.

(Amended and Restated Forbearance Agreement) AMENDED AND RESTATED AGREEMENT CONCERNING OUTSTANDING/FUTURE COMMISSIONS AND SECURITY AGREEMENT (June 12th, 2014)

THIS AMENDED AND RESTATED AGREEMENT CONCERNING OUTSTANDING/FUTURE COMMISSIONS AND SECURITY AGREEMENT (this "Agreement"), dated as of June 12, 2014 , by and between ACN, Inc. ("ACN US"), ACN Europe B.V. ("ACN Europe"), ACN Digital Phone Service, LLC ("DPS") (ACN US, ACN Europe and DPS are collectively referred to herein as "ACN"), and deltathree, Inc. ("Inc."), DME Solutions, Inc. ("DME"), and Delta Three Israel, Ltd. ("Delta Three Israel") (Inc., DME, and Delta Three Israel are collectively referred to herein as "D3").

Heron Lake BioEnergy, LLC – Fifth Amended and Restated Forbearance Agreement (May 16th, 2013)

THIS FIFTH AMENDED AND RESTATED FORBEARANCE AGREEMENT (the Agreement) is made as of the 10th day of May, 2013 (Effective Date), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (HLBE) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (AgStar).

Heron Lake BioEnergy, LLC – Fourth Amended and Restated Forbearance Agreement (April 15th, 2013)

THIS FOURTH AMENDED AND RESTATED FORBEARANCE AGREEMENT (the Agreement) is made as of this 12th day of April, 2013 (Effective Date), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (HLBE) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (AgStar).

Heron Lake BioEnergy, LLC – Third Amended and Restated Forbearance Agreement (April 4th, 2013)

THIS THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT (the Agreement) is made as of this 29th day of March, 2013 (Effective Date), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (HLBE) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (AgStar).

Heron Lake BioEnergy, LLC – Second Amended and Restated Forbearance Agreement (February 19th, 2013)

THIS SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT (the Agreement) is made as of this 12th day of February, 2013 (Effective Date), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (HLBE) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (AgStar).

Heron Lake BioEnergy, LLC – Amended and Restated Forbearance Agreement (February 13th, 2013)

THIS AMENDED AND RESTATED FORBEARANCE AGREEMENT (the Agreement) is made as of this 22nd day of January, 2013 (Effective Date), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (HLBE) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (AgStar).

Homeland Security Capital Cp – Second Amendment to Amended and Restated Forbearance Agreement (July 6th, 2012)

THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED FORBEARANCE AGREEMENT (hereinafter, this Amendment), dated as of June 15, 2012, is by and among YA GLOBAL INVESTMENTS, L.P., formerly known as Cornell Capital Partners, LP (the Lender), a Cayman Islands exempt limited partnership with an office located at 101 Hudson Street, Suite 3700, Jersey City, New Jersey 07302, HOMELAND SECURITY CAPITAL CORPORATION, a Delaware corporation (the Company) with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203, CSS MANAGEMENT CORP. (formerly known as Corporate Security Solutions, Inc.) a Pennsylvania corporation (CSS) with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203 and FIDUCIA HOLDINGS CORPORATION, a Delaware corporation (Fiducia Corporation) with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203. Unless otherwise defined herein, capitalized terms used herein shall have the meanings assigned in

Homeland Security Capital Cp – First Amendment to Amended and Restated Forbearance Agreement (May 11th, 2012)

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED FORBEARANCE AGREEMENT (hereinafter, this Amendment) dated as of May 11, 2012 is by and among YA GLOBAL INVESTMENTS, L.P., formerly known as Cornell Capital Partners, LP (the Lender), a Cayman Islands exempt limited partnership with an office located at 101 Hudson Street, Suite 3700, Jersey City, New Jersey 07302, HOMELAND SECURITY CAPITAL CORPORATION, a Delaware corporation (the Company) with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203, NTG MANAGEMENT CORP. (formerly known as Nexus Technologies Group, Inc.) a Delaware corporation (Nexus), with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203, CSS MANAGEMENT CORP. (formerly known as Corporate Security Solutions, Inc.) a Pennsylvania corporation (CSS) with its principal office located at 4601 Fairfax Road, Suite 1200, Arlington, VA 22203 and FIDUCIA HOLDINGS CORPORATION, a Delaware corporation (Fiducia Corporation)

Standard Metals Processing, Inc. – Amended and Restated Forbearance Agreement (December 23rd, 2011)
Standard Metals Processing, Inc. – Amended and Restated Forbearance Agreement (December 22nd, 2011)
Homeland Security Capital Cp – Amended and Restated Forbearance Agreement (November 1st, 2011)

YA GLOBAL INVESTMENTS, L.P., formerly known as Cornell Capital Partners, LP (the Lender), a Cayman Islands exempt limited partnership with an office located at 101 Hudson Street, Suite 3700, Jersey City, New Jersey 07302;

Delta Petroleum Corporation – Second Amended and Restated Forbearance Agreement No. 2 (May 10th, 2011)

SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT NO. 2, dated as of March 25th, 2011 (this Agreement) among DHS HOLDING COMPANY, a Delaware corporation (Holdings), DHS DRILLING COMPANY, a Colorado corporation (the Borrower), the other Loan Parties party hereto, and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the Administrative Agent) and as the Lender (in such capacity, the Lender) under that certain Credit Agreement (as defined below).

Delta Petroleum Corporation – Third Amended and Restated Forbearance Agreement No. 2 (May 10th, 2011)

THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT NO. 2, dated as of April 12, 2011 (this Agreement) among DHS HOLDING COMPANY, a Delaware corporation (Holdings), DHS DRILLING COMPANY, a Colorado corporation (the Borrower), the other Loan Parties party hereto, and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the Administrative Agent) and as the Lender (in such capacity, the Lender) under that certain Credit Agreement (as defined below).

Delta Petroleum Corporation – Amended and Restated Forbearance Agreement No. 2 (March 16th, 2011)

AMENDED AND RESTATED FORBEARANCE AGREEMENT NO. 2, dated as of March 15, 2011 (this Agreement) among DHS HOLDING COMPANY, a Delaware corporation (Holdings), DHS DRILLING COMPANY, a Colorado corporation (the Borrower) and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the Administrative Agent) and as the Lender (in such capacity, the Lender) under that certain Credit Agreement (as defined below).

Franklin Credit Management Corp – Amendment No. 7 to First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements (January 11th, 2011)

THIS AMENDMENT NO. 7 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this Amendment), is dated January 7, 2011 and effective as of the 31st day of December, 2010 (the Amendment Effective Date), by and among FRANKLIN CREDIT ASSET CORPORATION (Franklin Asset), FRANKLIN CREDIT HOLDING CORPORATION (Holding), Flow 2006 F CORP., FCMC 2006 M CORP., FCMC 2006 K CORP. and THE HUNTINGTON NATIONAL BANK (Lender). This Amendment further amends and modifies a certain First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements, dated as of December 19, 2008 (as amended, restated, supplemented or otherwise modified from time to time prior to the Amendment Effective Date, the Forbearance Agreement) by and among the parties hereto and certain other parties to such Forbearance Agreement. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement. F

Franklin Credit Management Corp – Amendment No. 6 to First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements (November 23rd, 2010)

THIS AMENDMENT NO. 6 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this Amendment), is effective as of the 30th day of September, 2010 (the Amendment Effective Date), by and among FRANKLIN CREDIT ASSET CORPORATION (Franklin Asset), FRANKLIN CREDIT HOLDING CORPORATION (Holding), Flow 2006 F CORP., FCMC 2006 M CORP., FCMC 2006 K CORP. and THE HUNTINGTON NATIONAL BANK (Lender). This Amendment further amends and modifies a certain First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements, dated as of December 19, 2008 (as amended, restated, supplemented or otherwise modified from time to time prior to the Amendment Effective Date, the Forbearance Agreement) by and among the parties hereto and certain other parties to such Forbearance Agreement. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement. Franklin Asset, Holding an

Angiotech Pharmaceuticals – Amended and Restated Forbearance Agreement (November 9th, 2010)

This AMENDED AND RESTATED FORBEARANCE AGREEMENT (this Agreement) is made and entered into as of November 4, 2010, by and among ANGIOTECH PHARMACEUTICALS, INC., a corporation organized under the laws of the Province of British Columbia, Canada (Parent), each of Parents Subsidiaries identified as a Borrower on the signature pages hereof (such Subsidiaries, each a Borrower, and collectively, jointly and severally, the Borrowers), the Lenders (as defined in the Credit Agreement referred to below) listed on the signature pages hereof and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company formerly known as Wells Fargo Foothill, LLC, in its capacity as arranger and administrative agent (Agent) for the Lenders.

CastleRock Security Holdings, Inc. – Amended and Restated Forbearance Agreement and Amendment to Credit Agreement (November 5th, 2010)

This Amended and Restated Forbearance Agreement and Amendment to Credit Agreement (this Agreement) is dated as of February 16th, 2008 by and among FCC, LLC and Siemens First Capital Commercial Finance, LLC (collectively, Lender), and Alarm Funding, LLC (Borrower). This Agreement is made in reference to that certain Forbearance Agreement dated as of November 27, 2007 as it has been or may be amended (Original Forbearance Agreement) relating to certain defaults that existed under that certain Credit Agreement dated as of May 25, 2007, between Lender and Borrower as amended by the Amendment to Credit Agreement and Credit Documents dated as of August 17, 2007 as it has been or may hereafter be amended (Credit Agreement), and various related instruments, documents and agreements.

Franklin Credit Management Corp – Amendment No. 5 to First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements (June 28th, 2010)

THIS AMENDMENT NO. 5 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this "Amendment"), is effective as of the 28th day of June, 2010 (the "Amendment Effective Date"), by and among FRANKLIN CREDIT ASSET CORPORATION ("Franklin Asset"), FRANKLIN CREDIT HOLDING CORPORATION ("Holding"), Flow 2006 F CORP., FCMC 2006 M CORP., FCMC 2006 K CORP. and THE HUNTINGTON NATIONAL BANK ("Lender"). This Amendment further amends and modifies a certain First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements, dated as of December 19, 2008 (as amended, restated, supplemented or otherwise modified from time to time prior to the Amendment Effective Date, the "Forbearance Agreement") by and among the parties hereto and certain other parties to such Forbearance Agreement. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement. Franklin Asset,

Summit Hotel Properties, Llc – Third Amended and Restated Forbearance Agreement (May 7th, 2010)

This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of May 3, 2010 (the "Effective Date"), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, "Fortress") and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively "Eton Park" and together with Fortress, collectively "Lender"), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower ("Borrower"), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. ("Guarantor" together with Borrower and each SHP Subsidiary, collectively, the "Borrower Parties" and each a "Borrower Party").

Pioneer Power Solutions, Inc. – First Amendment to First Amended and Restated Forbearance Agreement and Fourth Amendment to Loan Agreement (May 4th, 2010)

THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO LOAN AGREEMENT, dated as of March 31, 2010, amends and supplements that certain First Amended and Restated Forbearance Agreement and Fourth Amendment to Loan Agreement dated as of December 8, 2009 (the "Forbearance Agreement") among Johnson Bank ("Lender"), Jefferson Electric, Inc. ("Borrower"), Thomas Klink ("Guarantor") and Diane M. Klink ("Diane Klink," and together with Borrower and Guarantor, the "Borrower Parties").

Pioneer Power Solutions, Inc. – First Amended and Restated Forbearance Agreement and Fourth Amendment to Loan Agreement (May 4th, 2010)

This First Amended and Restated Forbearance Agreement and Fourth Amendment to Loan Agreement, dated December 8, 2009, is among Johnson Bank (the "Bank"), Jefferson Electric, Inc. ("Borrower"), Thomas Klink ("Guarantor") and Diane M. Klink ("Diane Klink," and together with the Borrower and Guarantor, the "Borrower Parties").

Summit Hotel Properties, Llc – Second Amended and Restated Forbearance Agreement (April 21st, 2010)

This SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of April 19, 2010 (the "Effective Date"), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, "Fortress") and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively "Eton Park" and together with Fortress, collectively "Lender"), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower ("Borrower"), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. ("Guarantor" together with Borrower and each SHP Subsidiary, collectively, the "Borrower Parties" and each a "Borrower Party").

Summit Hotel Properties, Llc – Amended and Restated Forbearance Agreement (April 6th, 2010)

This AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of April 2, 2010 (the "Effective Date"), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, "Fortress") and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively "Eton Park" and together with Fortress, collectively "Lender"), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower ("Borrower"), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. ("Guarantor" together with Borrower and each SHP Subsidiary, collectively, the "Borrower Parties" and each a "Borrower Party").

Franklin Credit Management Corp – Amendment No. 4 to First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements (March 31st, 2010)

THIS AMENDMENT NO. 4 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this Amendment), is effective as of the 26th day of March, 2010 (the Amendment Effective Date), by and among FRANKLIN CREDIT ASSET CORPORATION (Franklin Asset), FRANKLIN CREDIT HOLDING CORPORATION (Holding), Flow 2006 F CORP., FCMC 2006 M CORP., FCMC 2006 K CORP. and THE HUNTINGTON NATIONAL BANK (Lender). This Amendment further amends and modifies a certain First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements, dated as of December 19, 2008 (as amended, restated, supplemented or otherwise modified from time to time prior to the Amendment Effective Date, the Forbearance Agreement) by and among the parties hereto and certain other parties to such Forbearance Agreement. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement. Franklin Asset, Holding and ea

Amended and Restated Forbearance Agreement (February 1st, 2010)

THIS AMENDED AND RESTATED FORBEARANCE AGREEMENT (this "Agreement"), dated as of January 29, 2010, is entered into by and between Bank of America, N.A. (the "Bank") and Point.360, a California corporation (the "Borrower"), with reference to the following facts:

National Consumer Cooperative Bank /Dc/ – Amended and Restated Forbearance Agreement (November 19th, 2009)

This Amended and Restated Forbearance Agreement (this Agreement) is dated as of November 16, 2009 by and among National Consumer Cooperative Bank, D/B/A National Cooperative Bank (Borrower), SunTrust Bank, as administrative agent (in such capacity, Administrative Agent), and the Banks (as defined below) signatory hereto.