RECITALSAmendment and Waiver • September 17th, 2004 • Symbol Technologies Inc • Computer peripheral equipment, nec • New York
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and David J. Steichen (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • April 18th, 2014 • PLC Systems Inc • Electromedical & electrotherapeutic apparatus
This Amendment and Waiver dated as of April 14, 2014 (the “Amendment”), amends that certain Securities Purchase Agreement, dated as of September 18, 2013 (the “Purchase Agreement”), between PLC Systems Inc., a Yukon Territory corporation (the “Company”) and the Purchasers named therein (the “Purchasers”) and the Transaction Documents entered into in connection with the Purchase Agreement. Terms used as defined terms herein and not otherwise defined shall have the meanings provided therefor in the Purchase Agreement.
AMENDMENT AND WAIVERAmendment and Waiver • May 26th, 2005 • Visteon Corp • Motor vehicle parts & accessories • New York
AMENDMENT AND WAIVER, dated as of May 20, 2005 (this “Amendment and Waiver”), to the 364-Day Credit Agreement, dated as of June 18, 2004 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Visteon Corporation, a Delaware corporation (the “Company”), the several banks and other financial institutions or entities from time to time party thereto (the “Banks”), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”), and Citibank, N.A., as syndication agent.
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Jeffrey P. Baker (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Michigan
Amendment and Waiver dated as of July 7, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and John D. Bamberger (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 7, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Praba Manivasager (hereinafter “Executive”).
AMENDMENT AND WAIVER BY AND AMONG INDEPENDENT BANK, as Lender AND RED MOUNTAIN RESOURCES, INC. CROSS BORDER RESOURCES, INC. BLACK ROCK CAPITAL, INC. RMR OPERATING, LLC, as Borrowers Effective SEPTEMBER 12, 2013Amendment and Waiver • May 19th, 2015 • Cross Border Resources, Inc. • Crude petroleum & natural gas • Texas
This AMENDMENT AND WAIVER (this “Agreement”) is made and entered into effective the 12th day of September, 2013 (the “Effective Date”), by and among INDEPENDENT BANK, a Texas banking association, as lender under the Senior First Lien Secured Credit Agreement (the “Lender”), and RED MOUNTAIN RESOURCES, INC., a Florida corporation (“Red Mountain”), CROSS BORDER RESOURCES, INC., a Nevada corporation, BLACK ROCK CAPITAL, INC., an Arkansas corporation, and RMR OPERATING, LLC, a Texas limited liability company (collectively, the “Borrowers”).
AMENDMENT AND WAIVERAmendment and Waiver • July 26th, 2005 • Computer Horizons Corp • Services-computer integrated systems design • Minnesota
Amendment and Waiver dated as of July 8, 2005 (hereinafter “Agreement” or “Amendment and Waiver”) between Analysts International Corporation, a Minnesota corporation, (hereinafter “the Company”), and Walter P. Michels (hereinafter “Executive”).
AMENDMENT AND WAIVERAmendment and Waiver • August 15th, 2005 • Stockeryale Inc • Optical instruments & lenses • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between StockerYale, Inc., a Massachusetts corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”) and is effective as of August 10, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • April 12th, 2005 • United Energy Corp /Nv/ • Oil & gas field services, nec • New York
This AMENDMENT AND WAIVER (this “Amendment”), dated as of February 28, 2005, is entered into by and between UNITED ENERGY CORP., a Nevada corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), for the purpose of amending the terms of (i) the Securities Purchase Agreement, dated as of March 24, 2004, by and between the Company and Laurus (as amended, modified and/or supplemented from time to time, the “Securities Purchase Agreement”), (ii) the Secured Convertible Term Note, dated March 24, 2004 (as amended, modified and/or supplemented from time to time, the “Term Note”) issued by the Company pursuant to the Securities Purchase Agreement and (iii) the Registration Rights Agreement by and between the Company and Laurus, dated as of March 24, 2004 (as amended, modified and/or supplemented from time to time, the “Registration Rights Agreement” and, together with the Securities Purchase Agreement and the Term Note, the “Loan Documents”). Capitalized
AMENDMENT AND WAIVERAmendment and Waiver • January 25th, 2006 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”), and is effective as of the 23rd day of January, 2006.
AMENDMENT AND WAIVERAmendment and Waiver • September 29th, 2003 • Kinetic Concepts Inc /Tx/ • Miscellaneous furniture & fixtures
THIS AMENDMENT AND WAIVER (the “Amendment and Waiver”), dated August 11, 2003, executed by and among Kinetic Concepts, Inc., a Texas corporation (the “Company”), each of the shareholders (the “Shareholders”) of the Company that are parties to that certain Agreement Among Shareholders (as amended by that certain Joinder and Amendment Agreement dated as of June 25, 2003, the “Shareholder Agreement”), dated November 5, 1997, and JPMorgan Chase Bank, a New York banking corporation (“Chase”), in its capacity as administrative agent (together with its successors in such capacity, “Administrative Agent”) to that certain Waiver and Consent (the “Waiver and Consent”), dated December 2002 but effective for all purposes as of September 27, 2002.
AMENDMENT AND WAIVERAmendment and Waiver • December 27th, 2016 • Hpil Holding • Services-management consulting services
This Amendment and Waiver made this 27th day of December, 2016 (the “Amendment”), by and between Kodiak Capital Group, LLC, a Delaware limited liability company ("Investor"), and HPIL Holding, a Nevada corporation (the "Company"), relates to that Convertible Note entered into between the Company and Investor on June 28, 2016 (the "Note").
AMENDMENT AND WAIVER NO. 5Amendment and Waiver • November 14th, 2018 • Synergy Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS AMENDMENT AND WAIVER, dated as of November 13, 2018 (this “Agreement”), is made among Synergy Pharmaceuticals Inc., a Delaware corporation (“Borrower”), the Subsidiary Guarantors as from time to time party hereto, the Lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and CRG Servicing LLC, a Delaware limited liability company (“CRG Servicing”), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, “Agent”).
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Laurus Master Fund, Ltd. (“Laurus”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • April 18th, 2014 • PLC Systems Inc • Electromedical & electrotherapeutic apparatus
This Amendment and Waiver (this “Amendment”), dated as of April 14, 2014, is made to the Securities Purchase Agreement, dated as of February 22, 2011, as amended by an Amendment and Waiver to Securities Purchase Agreement dated as of July 2, 2012, as further amended by an Amendment and Waiver to Securities Purchase Agreement dated as of January 16, 2013, as further amended by an Amendment and Waiver on February 22, 2013 (the “February 2013 Amendment”) and as further amended by an Amendment and Waiver dated as of September 18, 2013 (as it may be further amended, restated, supplemented, or otherwise modified from time to time, the “Purchase Agreement”), between PLC Systems Inc., a Yukon Territory corporation (the “Company”), and the Purchasers under the Purchase Agreement. Terms used as defined terms herein and not otherwise defined shall have the meanings provided therefor in the Purchase Agreement.
AMENDMENT AND WAIVERAmendment and Waiver • September 9th, 2022 • PAVmed Inc. • Surgical & medical instruments & apparatus
This Amendment and Waiver (this “Agreement”) is entered into as of September 8, 2022 (the “Effective Date”), by and between PAVmed Inc., a Delaware corporation with offices located at One Grand Central Place, Suite 4600, New York, NY 10165 (the “Company”) and the investor signatory hereto (the “Investor”), with reference to the following facts:
AMENDMENT AND WAIVERAmendment and Waiver • August 15th, 2005 • Stockeryale Inc • Optical instruments & lenses • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between StockerYale, Inc., a Massachusetts corporation (the “Borrower”), and Smithfield Fiduciary LLC (“Smithfield”) and is effective as of August 10, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • July 29th, 2003 • Impco Technologies Inc • Motor vehicle parts & accessories
This Amendment and Waiver (this “Amendment”) is entered into by and among IMPCO Technologies, Inc., a Delaware corporation (“Impco”) and Mariano Costamagna, Pier Antonio Costamagna, Bruna Giachino and Carla Borgogno, each a natural person and a resident of the Italian Republic (collectively, the “Sellers”) as of April 30, 2003. Capitalized terms used herein and not otherwise defined shall have the meanings assigned in Section 1.
AMENDMENT AND WAIVERAmendment and Waiver • November 10th, 2008 • Libbey Inc • Glass & glassware, pressed or blown • New York
AMENDMENT AND WAIVER, dated as of November 7, 2008 (this “Amendment”), to the Credit Agreement, dated as of June 16, 2006 (the “Credit Agreement”) among Libbey Glass Inc. and Libbey Europe B.V., each as a Borrower and together, the Borrowers, Libbey Inc., as a Loan Guarantor, the other Loan Parties party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent with respect to the US Loans, J.P. Morgan Europe Limited, as Administrative Agent with respect to the Netherlands Loans, Bank of America, N.A. (f/k/a LaSalle Bank Midwest National Association), as Syndication Agent, Wells Fargo Foothill, LLC and Fifth Third Bank, as Co-Documentation Agents and J.P. Morgan Securities Inc., as Sole Bookrunner and Sole Lead Arranger.
AMENDMENT AND WAIVERAmendment and Waiver • February 25th, 2013 • PLC Systems Inc • Electromedical & electrotherapeutic apparatus
This Amendment and Waiver (this “Amendment”), dated as of February 22, 2013, is made to the Securities Purchase Agreement, dated as of February 22, 2011, as amended by an Amendment and Waiver to Securities Purchase Agreement dated as of July 2, 2012 and as further amended by an Amendment and Waiver to Securities Purchase Agreement dated as of January 16, 2013 (the “Purchase Agreement”), between PLC Systems Inc., a Yukon Territory corporation (the “Company”) and GCP IV LLC (the “Holder”) and the Transactions Documents entered into in connection with the Purchase Agreement. The Holder is the “Purchaser” under the Purchase Agreement. Terms used as defined terms herein and not otherwise defined shall have the meanings provided therefor in the Purchase Agreement.
AMENDMENT AND WAIVER March 15, 2011Amendment and Waiver • March 21st, 2011 • Sige Semiconductor Inc • Semiconductors & related devices • Delaware
This Amendment and Waiver (the “Agreement”) is by and among (a) SiGe Semiconductor, Inc., a Delaware corporation (the “Company”), and (b) the Investors (as defined in the Investor Rights Agreement (as defined below)) who hold a majority in interest of the Registrable Securities (as defined in the Investor Rights Agreement) and the Preferred Registrable Securities (as defined in the Investor Rights Agreement).
AMENDMENT AND WAIVERAmendment and Waiver • September 18th, 2013 • PLC Systems Inc • Electromedical & electrotherapeutic apparatus
This Amendment and Waiver (this “Amendment”), dated as of September 18, 2013, is made to the Securities Purchase Agreement, dated as of February 22, 2011, as amended by an Amendment and Waiver to Securities Purchase Agreement dated as of July 2, 2012, as amended by an Amendment and Waiver to Securities Purchase Agreement dated as of January 16, 2013 and as further amended on February 22, 2013 (the “Purchase Agreement”), between PLC Systems Inc., a Yukon Territory corporation (the “Company”) and GCP IV LLC (the “Holder”) and the Transactions Documents entered into in connection with the Purchase Agreement. The Holder is the “Purchaser” under the Purchase Agreement. Terms used as defined terms herein and not otherwise defined shall have the meanings provided therefor in the Purchase Agreement.
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and The Shaar Fund, Ltd. (“Shaar”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • June 3rd, 2013 • VistaGen Therapeutics, Inc. • Pharmaceutical preparations • New York
This Amendment and Waiver (“Amendment”) is entered into as of May 28, 2013 by and between VistaGen Therapeutics, Inc., a Nevada corporation (the “Company”) and Platinum Long Term Growth VII, LLC, a Delaware limited liability company (“Platinum”).
AMENDMENT AND WAIVERAmendment and Waiver • August 17th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of August 15, 2017 by XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (the “Company”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”) and ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities” and, together with ROS, collectively, the “Holders”).
AMENDMENT AND WAIVERAmendment and Waiver • April 10th, 2006 • Artistdirect Inc • Services-business services, nec • New York
THIS AMENDMENT AND WAIVER (“Amendment”) is made and entered into as of this 7th day of April, 2006, by and among ARTISTdirect, Inc., a Delaware corporation (the “Company”), and Libra FE, LP, a California limited liability company (“Holder”). Capitalized terms used herein and undefined shall have the meanings set forth in that certain warrant to purchase common stock issued by the Company on July 28, 2005 (the “Warrant”).
ContractAmendment and Waiver • February 4th, 2005 • Lyondell Chemical Co • Industrial organic chemicals
SIXTH AMENDMENT AND WAIVER dated as of February 2, 2005 (this "Amendment"), to the CREDIT AGREEMENT dated as of June 18, 2001 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among MILLENNIUM AMERICA INC., a Delaware corporation ("Millennium America"); MILLENNIUM INORGANIC CHEMICALS LIMITED, a corporation organized under the laws of England ("MICL"); the other BORROWING SUBSIDIARIES from time to time party thereto; MILLENNIUM CHEMICALS INC., a Delaware corporation ("Millennium"), as Guarantor; the lenders from time to time party thereto (the "Lenders"); the Issuing Banks from time to time party thereto; BANK OF AMERICA, N.A., as Syndication Agent; and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the "Administrative Agent") and as collateral agent (in such capacity, the "Collateral Agent").
AMENDMENT AND WAIVERAmendment and Waiver • September 7th, 2005 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and Longview Special Finance (“LSF”), and is effective as of August 31, 2005.
AMENDMENT AND WAIVERAmendment and Waiver • January 25th, 2006 • Bio Key International Inc • Computer communications equipment • New York
This Amendment and Waiver (the “Amendment and Waiver”) is entered into by and between BIO-KEY INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), and the undersigned holders of Subordinated Convertible Promissory Notes of the Borrower (sometimes hereinafter collectively referred to as the “Lenders”), and is effective as of the 23rd day of January, 2006.
ContractAmendment and Waiver • October 30th, 2006 • On Semiconductor Corp • Semiconductors & related devices • New York
AMENDMENT AND WAIVER (this “Amendment”) dated as of September 27, 2006, to the Amended and Restated Credit Agreement dated as of August 4, 1999, as amended and restated as of February 6, 2006 (as amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), among ON SEMICONDUCTOR CORPORATION (“Holdings”), SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC (the “Borrower”), the LENDERS party thereto, and JPMORGAN CHASE BANK, N.A., as administrative agent.
AMENDMENT AND WAIVERAmendment and Waiver • February 8th, 2007 • Sunpower Corp • Semiconductors & related devices • New York
WHEREAS, the Borrower has entered into that certain Agreement and Plan of Merger, dated as of November 15, 2006 (as amended by (i) that certain First Amendment to Agreement and Plan of Merger, dated as of December 21, 2006 and (ii) that certain side letter agreement dated as of January 10, 2007), by and among Borrower, Pluto Acquisition Company LLC (to be renamed PowerLight LLC in connection with the Merger described below) (the “Merger Sub”), PowerLight Corporation (the “Target”) and Thomas L. Dinwoodie, as shareholders’ representative (the “Merger Agreement”), pursuant to which the Target merged into the Merger Sub with the Merger Sub continuing as the surviving company (the “Merger”);
AMENDMENT AND WAIVERAmendment and Waiver • August 12th, 2022 • Akerna Corp. • Services-computer processing & data preparation • New York
This Amendment and Waiver (this “Agreement”) is entered into as of June 30, 2022, by and between Akerna Corp., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”), in accordance with that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Buyers (the “Buyers”) dated October 5, 2021 (the “SPA”) with reference to the following facts:
ContractAmendment and Waiver • August 21st, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
AMENDMENT AND WAIVER, dated as of August 18, 2006 (this “Amendment”), among AMERICAN MEDIA, INC. (“Holdings”), AMERICAN MEDIA OPERATIONS, INC. (the “Borrower”), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
