Amendment and Consent Agreement Sample Contracts

WITNESSETH:
Amendment and Consent Agreement • July 31st, 2002 • Timco Aviation Services Inc • Wholesale-industrial machinery & equipment
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AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • May 6th, 2020 • Delphi Technologies PLC • Motor vehicle parts & accessories • Delaware

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”), dated as of May 6, 2020, with respect to the Transaction Agreement, dated as of January 28, 2020 (the “Transaction Agreement”), by and between BorgWarner Inc., a Delaware corporation (“BorgWarner”), and Delphi Technologies PLC, a public limited company incorporated under the laws of the Bailiwick of Jersey (“Delphi”), is hereby entered into by and between BorgWarner and Delphi. All capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Transaction Agreement.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • January 7th, 2016 • Andalay Solar, Inc. • Heating equipment, except electric & warm air furnaces • New York

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

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 14th, 2021 • Altus Power, Inc. • Electric services • New York

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is entered into as of December 6, 2021 by and among APA CONSTRUCTION FINANCE, LLC, a Delaware limited liability company (the “Borrower”), BT GA SOLAR, LLC, CURRY SOLAR FARM LLC, LIGHTBEAM POWER COMPANY GRIDLEY MAIN LLC, LIGHTBEAM POWER COMPANY GRIDLEY MAIN TWO LLC, NM MA SOLAR II, LLC, HI MA SOLAR, LLC, (together, the “Project Companies”), the “Lenders” listed on the signature pages hereof (collectively, the “Lenders”), the Counterparties listed on the signature pages hereof (collectively, the “Counterparties”) and FIFTH THIRD BANK, NATIONAL ASSOCIATION, in its capacities as the Administrative Agent and the Collateral Agent (together with its successors and permitted assigns, the “Agent”).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • September 6th, 2001 • Hungry Minds Inc /De/ • Books: publishing or publishing & printing

AMENDMENT AND CONSENT AGREEMENT, dated as of August 29, 2001, to the FORBEARANCE AND AMENDMENT AGREEMENT, dated as of April 30, 2001 (as amended from time to time, the "Forbearance Agreement"), by and among (a) HUNGRY MINDS, INC. (formerly known as "IDG Books Worldwide, Inc."), a Delaware corporation (hereinafter, together with its successors in title and assigns, the "Borrower"), (b) the several financial institutions party to the Forbearance Agreement as Lenders thereunder, (c) FLEET NATIONAL BANK (formerly known as "BankBoston, N.A."), as Issuing Lender under the Credit Agreement, (d) WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent for the Lenders and the Agents, (e) BANK ONE, N.A. (formerly known as "The First National Bank of Chicago"), as Documentation Agent for the Lenders and the Agents, and (f) FLEET NATIONAL BANK, as Administrative Agent for the Lenders, the Issuing Lender and the Agents under the Credit Agreement. Reference is also made to the Credit Agreement,

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • February 21st, 2013 • Aegerion Pharmaceuticals, Inc. • Pharmaceutical preparations

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 Company’s outstanding common stock, $0.001 par value per share, issued in connection with the conversion of the Company’s 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”).

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • May 6th, 2020 • Borgwarner Inc • Motor vehicle parts & accessories • Delaware

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”), dated as of May 6, 2020, with respect to the Transaction Agreement, dated as of January 28, 2020 (the “Transaction Agreement”), by and between BorgWarner Inc., a Delaware corporation (“BorgWarner”), and Delphi Technologies PLC, a public limited company incorporated under the laws of the Bailiwick of Jersey (“Delphi”), is hereby entered into by and between BorgWarner and Delphi. All capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Transaction Agreement.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 15th, 2010 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York

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”).

AMENDMENT AND CONSENT
Amendment and Consent Agreement • April 10th, 2013 • Blastgard International Inc • Miscellaneous chemical products

This Amendment and Consent Agreement made this 1st day of March, 2013 (“Agreement”) among BlastGard International, Inc., a Colorado corporation (the “Company”), and the signators hereto who are Subscribers under certain Security Agreements, Guaranty and Transaction Documents with the Company dated December 2, 2004, February 3, 2011, March 7, 2011 and June 17, 2011 (“Subscribers”), as amended.

AMENDMENT AND CONSENT AGREEMENT
Amendment and Consent Agreement • December 31st, 2013 • MEDL Mobile Holdings, Inc. • Services-computer programming services • New York

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
Amendment and Consent Agreement • January 23rd, 2004 • Telecommunication Systems Inc /Fa/ • Services-prepackaged software • New York

This AMENDMENT AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of January 13, 2004 by and among TeleCommunication Systems, Inc., a Maryland corporation (the “Company”), and each of the investors listed on the signature pages hereto (the “Investors”).

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