Amendment And Consent Agreement Sample Contracts

Golf Trust of America, Inc. – Waiver, Amendment and Consent Agreement (March 8th, 2018)

THIS WAIVER, AMENDMENT AND CONSENT AGREEMENT dated as of November 2, 2017 (this "Agreement") is entered into among Pernix Therapeutics Holdings, Inc. (the "Company") and the Holders party hereto (the "Consenting Holders"), in their capacity as Holders of the Company's 12% Senior Secured Notes due 2020 (the "Securities").

THIRD AMENDMENT AND CONSENT AGREEMENT Dated as of May 20, 2016 Among SUPERVALU INC., as Borrower, THE GUARANTORS PARTY HERETO, THE LENDERS PARTY HERETO and GOLDMAN SACHS BANK USA, as Administrative Agent and Collateral Agent GOLDMAN SACHS BANK USA and BARCLAYS BANK PLC, as Joint Lead Bookrunners and Joint Lead Arrangers (May 23rd, 2016)

THIRD AMENDMENT AND CONSENT AGREEMENT, dated as of May 20, 2016 (this "Amendment"), relating to the Second Amended and Restated Term Loan Credit Agreement dated as of January 31, 2014, (as amended, restated, supplemented or otherwise modified prior to the date hereof, the "Second Restated Credit Agreement"), by and among SUPERVALU INC. (the "Borrower"), the other Loan Parties, GOLDMAN SACHS BANK USA, as administrative agent (in such capacity, the "Administrative Agent") and as collateral agent (the "Collateral Agent"), and the LENDERS listed on the signature pages hereto. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Second Restated Credit Agreement (as amended hereby) (the "Amended Credit Agreement").

Akeena Solar – Amendment and Consent Agreement (January 7th, 2016)

This Amendment and Consent Agreement ("Agreement"), is entered into as of December 31, 2015, between Alpha Capital Anstalt ("Lender") and Andalay Solar, Inc. ("Borrower").

K2M Group Holdings, Inc. – Sixth Amendment and Consent Agreement (May 12th, 2015)

This Sixth Amendment and Consent Agreement (this "Agreement") is entered into as of May 8, 2015, by and among K2M HOLDINGS, INC., a Delaware corporation ("Holdings"), K2M, INC., a Delaware corporation (the "US Borrower") and K2M UK LIMITED, a company incorporated in England and Wales with company registration number 06950302 and with its registered office at Abbey House, Wellington Way, Broakland Business Park, Weybridge, Surrey KT13 0TT (the "UK Borrower", and collectively, jointly and severally with the US Borrower, the "Borrower"), the several banks and other financial institutions or entities party hereto, SILICON VALLEY BANK ("SVB"), as the Issuing Lender and the Swingline Lender, and Silicon Valley Bank, as administrative agent and collateral agent for the lenders (in such capacity, the "Administrative Agent").

MEDL Mobile Holdings, Inc. – Amendment and Consent Agreement (December 31st, 2013)

This Amendment and Consent Agreement (Agreement) is made and entered into as of December 31, 2013 by and among MEDL Mobile Holdings, Inc., a Nevada corporation (the Company), and Alpha Capital Anstalt (Subscriber). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreement and Warrant (as defined below).

Amendment and Consent Agreement (February 21st, 2013)

This Amendment and Consent Agreement (this Agreement) is made as of January 29, 2013, by and among Aegerion Pharmaceuticals, Inc., a Delaware corporation (the Company), and certain holders of the Companys outstanding common stock, $0.001 par value per share, issued in connection with the conversion of the Companys Series A Convertible Preferred Stock, $0.001 par value per share (the Series A), and Series B Convertible Preferred Stock, $0.001 par value per share (the Series B and together with the Series A, the Preferred Stock).

First Amendment and Consent Agreement (August 7th, 2012)

THIS FIRST AMENDMENT AND CONSENT AGREEMENT dated as of August 6, 2012 (this Agreement) is entered into among Gaylord Entertainment Company, a Delaware corporation (the Borrower), the Guarantors, the Lenders party hereto and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Riviera Holdings – Series a Amendment and Consent Agreement (May 1st, 2012)

This Series A Amendment and Consent Agreement, dated as of April 25, 2012 (this "Agreement"), is by and among RIVIERA HOLDINGS CORPORATION, a Nevada corporation (the "Borrower"), CERTAIN SUBSIDIARIES OF THE BORROWER (collectively, and as identified on the signature pages hereto, the "Guarantors") and those financial institutions party to the Credit Agreement (as defined below) as "Lenders" (collectively, the "Lenders") as identified on the signature pages hereto (such Lenders constituting the Required Lenders and Required Revolving Lenders under and as defined in the Credit Agreement). All capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Credit Agreement (as defined below), as amended hereby.

Riviera Holdings – Series B Amendment and Consent Agreement (May 1st, 2012)

This Series B Amendment and Consent Agreement, dated as of April 25, 2012 (this "Agreement"), is by and among RIVIERA HOLDINGS CORPORATION, a Nevada corporation (the "Borrower"), CERTAIN SUBSIDIARIES OF THE BORROWER (collectively, and as identified on the signature pages hereto, the "Guarantors") and those financial institutions party to the Credit Agreement (as defined below) as "Lenders" (collectively, the "Lenders") as identified on the signature pages hereto (such Lenders constituting the Required Lenders under and as defined in the Credit Agreement). All capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Credit Agreement (as defined below), as amended hereby.

Attitude Drinks Inc. – Fifth Amendment and Consent Agreement (February 24th, 2012)

This Fifth Amendment and Consent Agreement is made as of the 22nd day of February, 2012 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, July 15, 2010, January 21, 2011, March 17, 2011, and July 15, 2011, respectively (collectively "Subscription Agreements" - see Schedule 1).

First Amendment and Consent Agreement (September 13th, 2011)

This First Amendment and Consent Agreement is made as of the 7th day of June, 2011 ("Agreement"), among New Generation Biofuels Holdings, Inc., a Florida corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated February 1, 2011 ("Subscription Agreements"), for the sale by the Company of Notes ("February Notes") and Class A and B Warrants ("February Warrants").

Form of Amendment and Consent Agreement (August 11th, 2011)

THIS AMENDMENT AND CONSENT AGREEMENT (this "Agreement") is made this ____ day of __________, 2011, by and among Visual Network Design, Inc., a Nevada corporation f/k/a Cahaba Pharmaceuticals, Inc. ("Assignor"), Navesink SPV 1, Inc., a Delaware corporation ("Assignee"), and the undersigned Buyer (as defined below).

Attitude Drinks Inc. – Form of Fourth Amendment and Consent Agreement (July 20th, 2011)

This Fourth Amendment and Consent Agreement is made as of the 15th day of July, 2011 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, July 15, 2010, January 21, 2011, and March 17, 2011, respectively (collectively "Subscription Agreements").

Attitude Drinks Inc. – Second Amendment and Consent Agreement (July 14th, 2011)

This Second Amendment and Consent Agreement is made as of the 21st day of January , 2011 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, and July 15, 2010, respectively (collectively "Subscription Agreements").

Attitude Drinks Inc. – Third Amendment and Consent Agreement (July 14th, 2011)

This Third Amendment and Consent Agreement is made as of the ___ day of March, 2011 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, July 15, 2010, and January 21, 2011, respectively (collectively "Subscription Agreements").

Examworks Group – First Amendment and Consent Agreement (May 10th, 2011)

THIS FIRST AMENDMENT AND CONSENT AGREEMENT dated as of May 6, 2011 (the "Agreement") is entered into among ExamWorks Group, Inc., a Delaware corporation (the "Borrower"), the Guarantors, the Lenders party hereto and Bank of America, N.A., as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Attitude Drinks Inc. – Third Amendment and Consent Agreement (March 18th, 2011)

This Third Amendment and Consent Agreement is made as of the ___ day of March, 2011 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, July 15, 2010, and January 21, 2011, respectively (collectively "Subscription Agreements").

Attitude Drinks Inc. – Second Amendment and Consent Agreement (January 27th, 2011)

This Second Amendment and Consent Agreement is made as of the 21st day of January , 2011 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, March 30, 2009, and July 15, 2010, respectively (collectively "Subscription Agreements").

Genta – Amendment and Consent Agreement (December 15th, 2010)

This Amendment and Consent Agreement (this "Agreement"), dated as of December 14, 2010, and effective as of the Effective Date (as defined below), is made by and among Genta Incorporated, a Delaware corporation (the "Company"), and the undersigned parties whose names are set forth on Exhibit A attached hereto (each a "Holder" and collectively the "Holders").

Walker & Dunlop – Fifth Amendment and Consent Agreement (December 9th, 2010)

THIS FIFTH AMENDMENT AND CONSENT AGREEMENT (this Agreement) is made as of December 7, 2010, by and among GPF Acquisition, LLC, Walker & Dunlop Multifamily, Inc., Walker & Dunlop GP, LLC, Green Park Financial Limited Partnership, W&D, Inc. (formerly known as Walker & Dunlop, Inc.), Walker & Dunlop, LLC (each of the foregoing parties, collectively, the Obligor Group), Walker & Dunlop, Inc. (the Company), Bank of America, N.A., as Administrative Agent and Collateral Agent (the Administrative Agent), and the lenders party hereto (the Lenders). Capitalized terms used herein without definition have the meanings specified therefor in that certain Amended and Restated Credit Agreement dated as of January 30, 2009, by and among each member of the Obligor Group other than the Company, the Administrative Agent, and the Lenders, as amended (the Credit Agreement).

AMENDMENT AND CONSENT AGREEMENT NO. 8 April 30, 2010 (August 27th, 2010)

AMENDMENT AND CONSENT AGREEMENT NO. 8 (this Amendment) dated as of April 30, 2010, under that certain Amended and Restated Credit Agreement, dated as of September 12, 2007 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement; capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement), among NaviSite, Inc., a Delaware corporation (the Borrower), the Subsidiary Guarantors, the Lenders, CIBC World Markets Corp., as sole lead arranger (in such capacity, Sole Lead Arranger), as documentation agent (in such capacity, Documentation Agent), and as bookrunner (in such capacity, Bookrunner), CIT Lending Services Corporation, as syndication agent (in such capacity, Syndication Agent), and Canadian Imperial Bank of Commerce, acting through its New York agency, as issuing bank (in such capacity, Issuing Bank) and as administrative agent (in such capacity, Administrative Agent) for the Lenders and as collateral ag

Attitude Drinks Inc. – First Amendment and Consent Agreement (July 21st, 2010)

This First Amendment and Consent Agreement is made as of the 15 day of July, 2010 ("Agreement") among Attitude Drinks Inc., a Delaware corporation (the "Company"), and the signators hereto who are "Subscribers" under certain Subscription Agreements with the Company dated October 23, 2007, January 8, 2008, September 29, 2008, January 27, 2009, and March 30, 2009, respectively (collectively "Subscription Agreements").

AMENDMENT AND CONSENT AGREEMENT NO. 8 April 30, 2010 (June 14th, 2010)

AMENDMENT AND CONSENT AGREEMENT NO. 8 (this Amendment) dated as of April 30, 2010, under that certain Amended and Restated Credit Agreement, dated as of September 12, 2007 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement; capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement), among NaviSite, Inc., a Delaware corporation (the Borrower), the Subsidiary Guarantors, the Lenders, CIBC World Markets Corp., as sole lead arranger (in such capacity, Sole Lead Arranger), as documentation agent (in such capacity, Documentation Agent), and as bookrunner (in such capacity, Bookrunner), CIT Lending Services Corporation, as syndication agent (in such capacity, Syndication Agent), and Canadian Imperial Bank of Commerce, acting through its New York agency, as issuing bank (in such capacity, Issuing Bank) and as administrative agent (in such capacity, Administrative Agent) for the Lenders and as collateral ag

Taylor Capital Group, Inc. – Tarp Capital Purchase Program Compliance, Amendment and Consent Agreement (November 24th, 2008)

This TARP Capital Purchase Program Compliance, Amendment and Consent Agreement, dated as of November 21, 2008 (the Agreement), is entered into by and among (the Executive), Taylor Capital Group, Inc. (the Company) and Cole Taylor Bank (the Bank).

Form of Tarp Capital Purchase Program Compliance, Amendment and Consent Agreement (November 21st, 2008)

This TARP Capital Purchase Program Compliance, Amendment and Consent Agreement, dated as of November 20, 2008 (the Agreement), is entered into by and between (the Executive) and Associated Banc-Corp (the Company).

Amendment and Consent Agreement No. 4 (June 23rd, 2008)

AMENDMENT AND CONSENT AGREEMENT NO. 4 (this Amendment), dated as of June [ ], 2008, relating to the Amended and Restated Credit Agreement (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), dated as of September 12, 2007, among NAVISITE, INC., a Delaware corporation (Borrower), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein shall have the meaning assigned to such term in the Credit Agreement), the Lenders, CIBC WORLD MARKETS CORP., as sole lead arranger (in such capacity, Sole Lead Arranger), as documentation agent (in such capacity, Documentation Agent) and as bookrunner (in such capacity, Bookrunner), CIT LENDING SERVICES CORPORATION, as syndication agent (in such capacity, Syndication Agent), and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as issuing bank (in such capacity, Issuing Bank) and as administrative agent (in such capacity, Administrative Agent) for the Len

Monkey Rock Group, Inc. – Joinder, Amendment and Consent Agreement (November 14th, 2007)

This JOINDER, AMENDMENT AND CONSENT AGREEMENT (this Agreement) is made as of September 28, 2007 by and among HNI, LLC (HNI), COMCAM, INC., a Delaware corporation (ComCam) and COMCAM INTERNATIONAL INC., a Delaware corporation (ComCam International).

Comcam International Inc – Joinder, Amendment and Consent Agreement (November 14th, 2007)

This JOINDER, AMENDMENT AND CONSENT AGREEMENT (this Agreement) is made as of September 28, 2007 by and among HNI, LLC (HNI), COMCAM, INC., a Delaware corporation (ComCam) and COMCAM INTERNATIONAL INC., a Delaware corporation (ComCam International).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29, 2006 is by and among Option One Owner Trust 2003-4 (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), Falcon Asset Securitization Company LLC (formerly Falcon Asset Securitization Corporation) and Park Avenue Receivables Company LLC, as conduit purchasers, and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, N.A. (Main Office Chicago)), as committed purchaser (collectively, the Purchasers), and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, N.A. (Main Office Chicago)), as note agent (the Note Agent). Capitalized terms used herein but not specifically d

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29, 2006 is by and among Option One Owner Trust 2005-8 (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor) , Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), and Merrill Lynch Bank USA, as purchaser (in such capacity, the Purchaser) and as Noteholder Agent (in such capacity, the Noteholder Agent). Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or the Indenture (as defined below).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29,2006 is by and among Option One Owner Trust 2001-2 (the Issuer) Option One Mortgage Corporation (OQMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association (successor to Wells Fargo Bank Minnesota, National Association), as indenture trustee (the Indenture Trustee), and Bank of America, N.A. (the Purchaser). Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or Indenture (as defined below).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29, 2006 is by and among Option One Owner Trust 2005-6 (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), and Lehman Brothers Bank, as purchaser (in such capacity, the Purchaser) and as noteholder agent (in such capacity, Noteholder Agent). Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or Indenture (as defined below).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29, 2006 is by and among Option One Owner Trust 2001-1A (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), and Greenwich Capital Financial Products, Inc. (the Purchaser). Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or Indenture (as defined below).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29,2006 is by and among Option One Owner Trust 2005-9 (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), and DB Structured Products, Inc., Gemini Securitization Corp., LLC, Aspen Funding Corp. and Newport Funding Corp. (collectively, the Purchasers) and DB Structured Products, Inc., as noteholder agent (the Noteholder Agent).. Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or the Indenture (as defined below).

Omnibus Amendment and Consent Agreement (March 14th, 2007)

This OMNIBUS AMENDMENT AND CONSENT AGREEMENT (the Amendment and Consent) dated as of December 29, 2006 is by and among Option One Owner Trust 2005-7 (the Issuer), Option One Mortgage Corporation (OOMC), in its capacity as loan originator (in such capacity, the Loan Originator) and as servicer (in such capacity, the Servicer), Option One Mortgage Capital Corporation (Capital), Option One Loan Warehouse Corporation (the Depositor), Wells Fargo Bank, National Association, as indenture trustee (the Indenture Trustee), and HSBC Bank USA, N.A and Bryant Park Funding LLC, as purchasers and HSBC Securities (USA) Inc., as administrative agent (collectively, the Purchasers), and HSBC Securities (USA) Inc., as noteholder agent (in such capacity, the Noteholder Agent). Capitalized terms used herein but not specifically defined herein shall have the meanings given to such terms in the Sale and Servicing Agreement (as defined below) or the Indenture (as defined below).