Amendment And Waiver Agreement Sample Contracts

Innocoll Holdings plc – Dated 5 May 2017 EUROPEAN INVESTMENT BANK as Bank INNOCOLL PHARMACEUTICALS LIMITED as Borrower and INNOCOLL HOLDINGS PLC as Guarantor AMENDMENT AND WAIVER AGREEMENT Relating to a Finance Contract Originally Dated 27 March 2015 (May 10th, 2017)
Amendment and Waiver Agreement (May 5th, 2017)

This AMENDMENT AND WAIVER AGREEMENT, dated as of February 2, 2017 (this "Agreement"), is made by and among Illinois Power Marketing Company, an Illinois corporation (the "Applicant"), and MUFG Union Bank, N.A. (formerly known as Union Bank, N.A.) (together with its successors and assigns, the "Bank").

Mylan B.V. – AMENDMENT AND WAIVER AGREEMENT Dated 22 December 2016 RELATING TO THE SEK 2,000,000,000 LOAN AGREEMENT Dated 17 September 2014 for MEDA AB (PUBL) as Borrower With AB SVENSK EXPORTKREDIT (PUBL) as Lender (March 1st, 2017)
Altisource Portfolio Soltns – Amendment and Waiver Agreement (October 3rd, 2016)

This Amendment and Waiver Agreement ("Amendment and Waiver Agreement") is dated as of September 30, 2016 (the "Effective Date") by and between ALTISOURCE SOLUTIONS S.A R.L., a Luxembourg private limited liability company ("Altisource") and ALTISOURCE RESIDENTIAL CORPORATION, a Maryland corporation ("Residential", and together with Altisource, the "Parties" and each individually, a "Party").

Altisource Residential Corporat – Amendment and Waiver Agreement (October 3rd, 2016)

This Amendment and Waiver Agreement (Amendment and Waiver Agreement) is dated as of September 30, 2016 (the Effective Date) by and between ALTISOURCE SOLUTIONS S.A R.L., a Luxembourg private limited liability company (Altisource) and ALTISOURCE RESIDENTIAL CORPORATION, a Maryland corporation (Residential, and together with Altisource, the Parties and each individually, a Party).

Notice, Consent, Amendment and Waiver Agreement (September 1st, 2016)

This NOTICE, CONSENT, AMENDMENT AND WAIVER AGREEMENT (this "Agreement"), dated as of August 23, 2016 (the "Effective Date"), is entered into by and between Visualant, Inc., a Nevada corporation (the "Company"), and Clayton Struve ("Investor"). The Company and Investor may collectively be referred to herein as the "Parties", or individually as "Party".

Multimedia Platforms Inc. – Amendment and Waiver Agreement (July 5th, 2016)

This AMENDMENT AND WAIVER AGREEMENT (this "Agreement"), dated as of June 16th, 2016, is by and among Multimedia Platforms, Inc. ("MMP"), Inc., a Nevada corporation (the "Company"), and FirstFire Global Opportunities Fund L.L.C. ('FFG") the holder of securities of the Company listed on the signature pages hereto. Defined terms used but not defined herein shall have the meanings ascribed to such terms in the Securities Purchase Agreement, dated as of December 16, 2015 (the "Purchase Agreement"), between the Company and the Holder.

Ener-Core Inc. – Amendment and Waiver Agreement (March 31st, 2015)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Amendment") is made and entered into this as of December 1, 2014, by and among Ener-Core, Inc., a Nevada corporation (the "Company"), and the undersigned Investors. Capitalized terms used but not defined herein shall have the meanings set forth in the Transaction Agreements (defined in the Recitals below).

Fifth Amendment and Waiver Agreement (March 31st, 2015)

This FIFTH AMENDMENT AND WAIVER AGREEMENT (this Amendment), dated as of March 18, 2015, is among SAMSON INVESTMENT COMPANY, a Nevada corporation (the Borrower), the Guarantors party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent, and relates to that certain Credit Agreement, dated as of December 21, 2011 (as amended prior to the date hereof, the Existing Credit Agreement; and as amended hereby, the Credit Agreement), among the Borrower, the Lenders, JPMorgan Chase Bank, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and a Letter of Credit Issuer, and each other Letter of Credit Issuer from time to time party thereto.

Fifth Amendment and Waiver Agreement (March 19th, 2015)

This FIFTH AMENDMENT AND WAIVER AGREEMENT (this Amendment), dated as of March 18, 2015, is among SAMSON INVESTMENT COMPANY, a Nevada corporation (the Borrower), the Guarantors party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent, and relates to that certain Credit Agreement, dated as of December 21, 2011 (as amended prior to the date hereof, the Existing Credit Agreement; and as amended hereby, the Credit Agreement), among the Borrower, the Lenders, JPMorgan Chase Bank, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and a Letter of Credit Issuer, and each other Letter of Credit Issuer from time to time party thereto.

S&W Seed Company – Amendment and Waiver Agreement (December 31st, 2014)

This AMENDMENT AND WAIVER AGREEMENT is dated as of December 31, 2014 (this "Agreement") and is between S&W Seed Company (the "Borrower") and Wells Fargo Bank, National Association (the "Bank").

Primoris Services Corp. – Second Amendment and Waiver Agreement Dated as of August 25, 2014 (December 18th, 2014)

Reference is made to the Credit Agreement, dated as of December 28, 2012, (as supplemented, amended or otherwise modified, the Credit Agreement) among The PrivateBank and Trust Company, as Administrative Agent and Co-Lead Arranger, (The PrivateBank), the other financial institutions party to the Credit Agreement (together with The PrivateBank, the Lenders) and Primoris Services Corporation, a Delaware corporation, (the Borrower). Any terms not defined herein shall have the meanings set forth in the Credit Agreement.

Vycor Medical Inc – Amendment and Waiver Agreement (May 19th, 2014)

THIS AMENDMENT AND WAIVER AGREEMENT (this Agreement), dated as of _____, 2014, is made and entered into by and among Vycor Medical, Inc., a Delaware corporation (the Company) and the signatories (the Purchasers) to that certain Securities Purchase Agreement, dated as of [DATE OF EACH AGREEMENT] (the Purchase Agreement), by and among the Company and the Purchasers. Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Purchase Agreement.

Vycor Medical Inc – Amendment and Waiver Agreement (May 19th, 2014)

THIS AMENDMENT AND WAIVER AGREEMENT (this Agreement), dated as of May 14, 2014, is made and entered into by and among Vycor Medical, Inc., a Delaware corporation (the Company) and the holders of certain Placement Agent Warrants (the Warrants) issued in connection with the Companys private offering of securities during the period January 2, 2014-April 25, 2014 (the Warrantholders). Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Warrants.

Flexion therapeutics – Conversion, Amendment and Waiver Agreement (January 29th, 2014)

THIS CONVERSION, AMENDMENT AND WAIVER AGREEMENT (this Agreement) is made and entered into as of January 27, 2014, by and among FLEXION THERAPEUTICS, INC., a Delaware corporation (the Company), and the undersigned stockholders of the Company (the Stockholders).

Amendment and Waiver Agreement (May 30th, 2013)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Amendment Agreement"), dated as of May 24, 2013 ("Effective Date") is entered into by and between RiceBran Technologies, a California corporation (the "Company") and the holder identified on the signature page hereof (the "Holder"). Capitalized terms used herein, but not otherwise defined, shall have the meanings ascribed to such terms in the Debentures (as defined below).

T3 Motion, Inc. Amendment and Waiver Agreement (March 8th, 2013)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Amendment") to (i) the Securities Purchase Agreement (the "Purchase Agreement") dated as of November 26, 2012, by and between T3 Motion, Inc., a Delaware corporation (the "Company") and the Purchasers, (ii) the Security Agreement ("Security Agreement") dated as of November 26, 2012, (iii) each of the Subsidiary Guarantees dated as of November 26, 2012 (the "Subsidiary Guarantees") and (iv) each of the Senior Secured Convertible Debentures due November 27, 2013, (the "Debentures") is dated as of March 4, 2013, between the Company and the Purchasers. Capitalized terms used, but not defined, herein, shall have the meanings ascribed to such terms in the Purchase Agreement, as amended by this Amendment.

Ultra Clean Holdings, Inc. – Amendment and Waiver Agreement (February 22nd, 2013)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Agreement"), dated as of February 15, 2013, is entered into by and among ULTRA CLEAN HOLDINGS, INC., a Delaware corporation ("Holdings"), ULTRA CLEAN TECHNOLOGY SYSTEMS AND SERVICE, INC., a California corporation ("UCTSS"), AMERICAN INTEGRATION TECHNOLOGIES LLC, a Delaware limited liability company (the "Acquired Business"), ULTRA CLEAN ASIA PACIFIC PTE. LTD. (company registration no. 200818110D), a private company limited by shares organized in The Republic of Singapore (the "Singapore Borrower"), the several banks and other financial institutions or entities party hereto (each a "Required Lender" and, collectively, the "Required Lenders"), SILICON VALLEY BANK ("SVB"), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders party to the Credit Agreement referenced below (in such capacity, the "Administrative Agent"). Unless otherwise defined herein, terms defined in the Credit Agr

Li3 Energy, Inc. – THIS SECOND AMENDMENT AND WAIVER AGREEMENT Is Made as of September 28, 2012, Between (October 10th, 2012)

a corporation incorporated under the laws of the Cayman Islands, and the transferee of LW Emerging Markets Natural Resources Opportunities Fund, Ltd.'s entire interest under the Original Agreement and the Notes ("Lender 1"),

EcoReady Corp – Amendment and Waiver Agreement (July 13th, 2012)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Agreement"), dated as of the 4th day of April, 2011, is made by and between EcoReady Corporation, a corporation incorporated under the laws of State of Florida (formerly known as Centracan Incorporated; the "Company"), and the subscribers identified on the signature pages hereto (the "Subscribers" and each a "Subscriber").

Contract (February 10th, 2012)
As Seen On TV, Inc. – Notice, Consent, Amendment and Waiver Agreement (August 31st, 2011)

THIS NOTICE, CONSENT, AMENDMENT AND WAIVER AGREEMENT (this Agreement), dated as of August _____, 2011 is entered into by and between H&H IMPORTS, INC., a Florida corporation (the Company) and each of the purchasers identified on the signature pages hereof (the Holders). Capitalized terms used herein, but not otherwise defined, shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below).

Li3 Energy, Inc. – THIS AMENDMENT AND WAIVER AGREEMENT Is Made as of August 25, 2011, Between (August 26th, 2011)

a corporation incorporated under the laws of the Cayman Islands, and the transferee of LW Emerging Markets Natural Resources Opportunities Fund, Ltd.'s entire interest under the Original Agreement and the Notes ("Lender 1"),

Mb Financial Inc. – Compensation Amendment and Waiver Agreement Pursuant to TARP and Other Regulatory Requirements (May 3rd, 2011)

As you know, MB Financial, Inc. is a participant in the United States Department of Treasury (Treasury) TARP Capital Purchase Program (CPP). The Company entered into a letter agreement with Treasury in connection with that participation, which included a Securities Purchase Agreement Standard Form (Treasury Investment Agreement) providing for the sale to the Treasury of preferred stock and a warrant . The period that Treasury holds the preferred stock acquired from the Company in the CPP is the TARP Period. Certain other terms used in this agreement are defined below.

Pacific Ethanol – [Form of Amendment and Waiver Agreement] Amendment and Waiver Agreement (March 25th, 2011)

This Amendment and Waiver Agreement (the "Agreement"), dated as of March 24, 2011, is by and between Pacific Ethanol, Inc., a Delaware corporation with offices located at 400 Capitol Mall, Suite 2060, Sacramento, CA 95814 (the "Company"), and the holder identified on the signature page hereto ("Holder").

Vertical Health Solutions Inc – Note Amendment and Waiver Agreement (February 7th, 2011)

This NOTE AMENDMENT AND WAIVER AGREEMENT (this Amendment and Waiver), dated as of February 1, 2011 (the Effective Date), by and between Vertical Health Solutions, Inc. a Florida corporation (the Company), and each of the holders of the promissory notes listed on the signature page hereto (the Holders).

Walker & Dunlop – Third Amendment and Waiver Agreement (December 1st, 2010)

THIS THIRD AMENDMENT AND WAIVER AGREEMENT (this Agreement) is made as of March 22, 2010, with respect to and as an amendment to that certain Amended and Restated Credit Agreement dated as of January 30, 2009, by and among GPF Acquisition, LLC, Walker & Dunlop Multifamily, Inc., Walker & Dunlop GP, LLC, Green Park Financial Limited Partnership, Walker & Dunlop, Inc., Walker & Dunlop, LLC, Bank of America, N.A., as Administrative Agent and Collateral Agent, and the Lenders party thereto, as amended (the Credit Agreement). Capitalized terms used herein without definition have the meanings specified therefor in the Credit Agreement.

Youblast Global, Inc. – Amendment and Waiver Agreement (November 26th, 2010)

This Acknowledgment and Waiver Agreement (this "Agreement"), dated November 22, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media, Inc.), a Delaware corporation (the "Company"), and Philmore Anderson, IV ("Anderson").

Youblast Global, Inc. – Amendment and Waiver Agreement (November 26th, 2010)

This Amendment and Waiver Agreement (this "Agreement"), dated November 19, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media Holdings, Inc.), a Delaware corporation (the "Company"), on the one hand, and Darrell W. Walker (the "Investor"), on the other hand.

Youblast Global, Inc. – Amendment and Waiver Agreement (November 26th, 2010)

THIS AMENDMENT AND WAIVER AGREEMENT (this "Agreement "), dated as of November 18, 2010, is made and entered into by and among YouBlast Global, Inc. (f/k/a Sahara Media Holdings, Inc.), a Delaware corporation (the "Company"), and John Thomas Bridge & Opportunity Fund, LP, and John Thomas Bridge & Opportunity Fund II, LP (each, a "Holder" and, collectively, the "Holders").

Youblast Global, Inc. – Amendment and Waiver Agreement (November 26th, 2010)

This Amendment and Waiver Agreement (this "Agreement"), dated November 19, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media Holdings, Inc.), a Delaware corporation (the "Company"), on the one hand, and Daniel A. Dodson Jr. (the "Investor"), on the other hand.

Youblast Global, Inc. – Amendment and Waiver Agreement (November 26th, 2010)

This Amendment and Waiver Agreement (this "Agreement"), dated November 19, 2010, is made and entered into by and between YouBlast Global, Inc., (f/k/a/ Sahara Media Holdings, Inc.), a Delaware corporation (the "Company"), on the one hand, and G. Michael Schmidt and Linda Schmidt (the "Schmidts"), on the other hand.

Guardian Technologies International, Inc – Amendment and Waiver Agreement (October 20th, 2010)

THIS AMENDMENT AND WAIVER AGREEMENT (this Agreement), dated as of October 15, 2010, is made and entered into by and among Applied Visual Sciences, Inc. (f/k/a Guardian Technologies International, Inc.), a Delaware corporation (the Company), and Crescent International Ltd. and Dr. Joshua P. Prager (each, a Holder and, collectively, the Holders). Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Securities Purchase Agreement, dated as of November 3, 2006 (the Purchase Agreement), by and among the Company and the signatories thereto and/or in the Transaction Documents.

China Architectural Engineering, Inc – Amendment and Waiver Agreement (July 19th, 2010)

This Amendment and Waiver Agreement (the "Agreement") is made and entered into as of July 13th, 2010 (the "Effective Date"), by and among China Architectural Engineering, Inc., a Delaware corporation (the "Company"); The Royal Bank of Scotland N.V., London Branch (formerly ABN AMRO Bank N.V., London Branch) ("RBS N.V."); CITIC Capital China Mezzanine Fund Limited (formerly known as "CITIC Allco Investments Limited.") ("CITIC," and together with RBS N.V., the "Bondholders"); The Royal Bank of Scotland (China) Co. Ltd. Shenzhen Branch (formerly ABN AMRO Bank (China) Co., Ltd., Shenzhen Branch) (the "Overdraft Lender" and together with RBS N.V. and CITIC, the "Creditors"); Mr. Ken Luo, an individual; Mr. Jun Tang, an individual; KGE Group Limited, a company organized under the laws of Hong Kong ("KGE Group"); and First Jet Investments Limited, a company organized under the laws of the British Virgin Islands ("First Jet").

Omnibus Amendment and Waiver Agreement (June 30th, 2010)

This omnibus amendment and waiver agreement (the Omnibus Agreement), dated as of August , 2009 is entered into by and among CEMEX, S.A.B. de C.V., a sociedad anonima bursatil de capital variable organized and existing pursuant to the laws of the United Mexican States (the Parent), the subsidiaries of the Parent listed in Exhibit A hereto (such subsidiaries together with the Parent, the Borrowers), the subsidiaries of the Parent listed in Exhibit B hereto (such subsidiaries together with the Parent, the Guarantors), the financial institutions listed in Exhibit C hereto in their capacities as lenders under certain Existing Agreements (as defined below) (the Lenders) and the financial institutions listed in Exhibit D hereto in their capacity as administrative agents under certain Existing Agreements (as defined below) (the Existing Administrative Agents).