PREAMBLEAnd Waiver • February 15th, 2008 • Tarpon Industries, Inc. • Steel pipe & tubes • New York
SECOND OMNIBUS AMENDMENT AND WAIVER This SECOND OMNIBUS AMENDMENT AND WAIVER (this "Amendment"), dated as of May 2, 2007, is entered into by and between NATIONAL INVESTMENT MANAGERS, INC., a Florida corporation (the "Company"), and LAURUS MASTER FUND,...And Waiver • May 7th, 2007 • National Investment Managers Inc. • Investment advice • New York
SECOND AMENDMENT AND WAIVERAnd Waiver • March 18th, 2009 • Lear Corp • Motor vehicle parts & accessories • New York
SECOND AMENDMENT AND WAIVER, dated as of March 17, 2009 (this “Amendment”), to the Amended and Restated Credit and Guarantee Agreement, dated as of April 25, 2006 (as amended prior to the date hereof, the “Credit Agreement”), among LEAR CORPORATION, a Delaware corporation (the “U.S. Borrower”), certain Subsidiaries of LEAR CORPORATION, the several lenders from time to time parties thereto (the “Lenders”), the several agents parties thereto and JPMORGAN CHASE BANK, N.A., as general administrative agent (the “General Administrative Agent”).
LETTER AMENDMENT AND WAIVERAnd Waiver • August 1st, 2007 • Jones Apparel Group Inc • Women's, misses', and juniors outerwear • New York
To the banks, financial institutions and other institutional lenders (collectively, the "Lenders") parties to the Credit Agreement referred to below and to Wachovia Bank, National Association, as administrative agent (the "Administrative Agent") for the Lenders
AMENDMENT AND WAIVERAnd Waiver • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York
AMENDMENT AND WAIVER (this “Amendment and Waiver”), dated as of June 21, 2016, to the FIVE YEAR COMPETITIVE ADVANCE AND REVOLVING CREDIT FACILITY AGREEMENT (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) dated as of September 29, 2011, among BRISTOL-MYERS SQUIBB COMPANY, a Delaware corporation (the “Company”), the BORROWING SUBSIDIARIES (as defined in the Credit Agreement), the lenders party thereto (the “Lenders”), certain Agents, JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, “JPMCB”), and CITIBANK, N.A., as Administrative Agent (in such capacity, “CBNA”; JPMCB and CBNA are referred to herein individually as an “Administrative Agent” and collectively as the “Administrative Agents”) and as competitive advance facility agent.
AMENDMENT NO. 1 AND WAIVERAnd Waiver • July 10th, 2007 • Tekoil & Gas Corp • Oil & gas field services, nec • New York
This Amendment No. 1 and Waiver (this "Agreement") dated as of July 3, 2007 (the "Effective Date"), is by and among Tekoil and Gas Gulf Coast, LLC, a Delaware limited liability company (the "Company"), Tekoil & Gas Corporation, a Delaware corporation, as guarantor (the "Guarantor"), the lenders party to the Credit Agreement described below ("Lenders"), J. Aron & Company, as Lead Arranger and as Syndication Agent (in such capacities, "Syndication Agent"), and J. Aron & Company, as Administrative Agent for such Lenders (together with its permitted successors in such capacity, the "Administrative Agent").
CONSENT TO AMENDMENT AND WAIVERAnd Waiver • April 10th, 2007 • Emcore Corp • Semiconductors & related devices • New York
This CONSENT TO AMENDMENT AND WAIVER (this “Consent”), dated as of April 9, 2007 (the “Effective Date”), is entered into among EMCORE Corporation, a New Jersey corporation (the “Company”), and the beneficial owners party hereto (collectively, the “Consenting Holders”). Capitalized terms used but not defined herein have the meanings assigned to them in the Indenture, dated as of February 24, 2004 (the “Indenture”), between the Company and Deutsche Bank Trust Company Americas, as trustee (the “Trustee”).
THIRD AMENDMENT AND WAIVERAnd Waiver • March 31st, 2006 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
THIRD AMENDMENT AND WAIVER, dated as of March 24, 2006 (this “Amendment”), under the CREDIT AGREEMENT, dated as of November 18, 1997, as amended and restated as of October 14, 2004 (as in effect on the date immediately prior to the date hereof, the “Credit Agreement”), among BALLY TOTAL FITNESS HOLDING CORPORATION, a Delaware corporation (the “Borrower”), the lenders parties thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as agent for the Lenders (the “Agent”), DEUTSCHE BANK SECURITIES, INC., as Syndication Agent, and LASALLE BANK NATIONAL ASSOCIATION, as Documentation Agent. Terms used herein, but not defined, shall have the respective meanings set forth in the Credit Agreement.
AMENDMENT AND WAIVERAnd Waiver • July 14th, 1998 • Hospitality Marketing Concepts Inc • Services-management consulting services • California
FIRST AMENDMENT AND WAIVERAnd Waiver • June 1st, 2023 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers)
THIS FIRST AMENDMENT AND WAIVER, dated as of May 30, 2023 (this “Amendment and Waiver”), is among DIEBOLD NIXDORF, INCORPORATED, an Ohio corporation (the “Company”), DIEBOLD NIXDORF HOLDING GERMANY GMBH (the “Borrower”), each other Loan Party party hereto, the Lenders party hereto, GLAS USA LLC, as administrative agent (the “Administrative Agent”), and GLAS AMERICAS LLC, as collateral agent (the “Collateral Agent”), and amends that certain Credit Agreement, dated as of December 29, 2022, by and among the Company, the Borrower, the Lenders from time to time party thereto, the Administrative Agent and the Collateral Agent (as amended, restated, amended and restated, modified or supplemented from time to time prior to the date hereof, the “Existing Credit Agreement”, and as further amended and modified by this Amendment and Waiver, the “Credit Agreement”).
LETTER AMENDMENT AND WAIVERAnd Waiver • May 15th, 2007 • Jabil Circuit Inc • Printed circuit boards • New York
We refer to the Five Year Credit Agreement dated as of May 11, 2005, as amended by the Letter Amendment and Waiver dated as of November 21, 2006 and the Letter Amendment and Waiver dated as of January 11, 2007 (the “Credit Agreement”) among Jabil Circuit, Inc. (the “Company”), the Agent and the other parties thereto. Capitalized terms not otherwise defined in this Letter Amendment and Waiver (this “Letter Amendment”) have the same meanings as specified in the Credit Agreement.
AMENDMENT NO. 1 AND WAIVERAnd Waiver • February 1st, 2005 • Pacific Biometrics Inc • Services-commercial physical & biological research • New York
This Amendment No. 1 and Waiver (this “Amendment”), dated as of January 31, 2005, is entered into by and between PACIFIC BIOMETRICS, INC., a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), for the purpose of amending the terms of (i) the Secured Convertible Term Note, dated May 28, 2004 (as amended, modified or supplemented from time to time, the “Term Note”) issued by the Company to Laurus and (ii) that certain Registration Rights Agreement, dated as of May 28, 2004, by and between the Company and Laurus (as amended, modified or supplemented from time to time, the “Registration Rights Agreement”). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Term Note.
THIRTEENTH AMENDMENT AND WAIVERAnd Waiver • February 17th, 2009 • Velocity Express Corp • Air courier services
THIRTEENTH AMENDMENT AND WAIVER (this “Agreement”), dated as of February 17, 2009, to the Credit Agreement, dated as of December 22, 2006 (as amended, restated, supplemented or otherwise modified from time to time, including all schedules thereto, the “Credit Agreement”), by and among the lenders identified on the signature pages thereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Wells Fargo Foothill, Inc., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), Velocity Express Corporation, a Delaware corporation (the “Parent”), each of the Parent’s Subsidiaries identified on the signature pages thereof as a Borrower (such Subsidiaries are referred to hereinafter each individually as a “Borrower”, and individually and collectively, joint
SECOND AMENDMENT AND WAIVERAnd Waiver • September 14th, 2015 • Hanger, Inc. • Services-specialty outpatient facilities, nec • New York
This SECOND AMENDMENT AND WAIVER (this “Amendment”) dated as of September 11, 2015 is by and among HANGER, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., in its capacity as Agent (in such capacity, the “Agent”).
SIXTH AMENDMENT AND WAIVERAnd Waiver • January 31st, 2018 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This SIXTH AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of January 30, 2018 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 WAIVER Dated as of February 24, 2011 among ALON USA ENERGY, INC. as Borrower and ISRAEL DISCOUNT BANK OF NEW YORK, as Lender To the Line Letter dated as of March 9, 2010And Waiver • March 15th, 2011 • Alon USA Energy, Inc. • Petroleum refining • New York
AMENDMENT AND WAIVER (as amended, supplemented or otherwise modified from time to time, this “Amendment”) dated as of February 24, 2011 among (i) ALON USA ENERGY, INC., a Delaware limited liability company (the “Borrower”); and (ii) ISRAEL DISCOUNT BANK OF NEW YORK, as lender (the “Lender”) for the Lenders.
SECOND OMNIBUS AMENDMENT AND WAIVERAnd Waiver • February 3rd, 2017 • Sabine Pass Liquefaction, LLC • Natural gas distribution • New York
This Second Omnibus Amendment and Waiver (this “Amendment”), dated as of January 20, 2017 amends (a) the Second Amended and Restated Common Terms Agreement, dated as of June 30, 2015 (as it may be further amended, restated, supplemented or otherwise modified from time to time, the “Common Terms Agreement”), by and among Sabine Pass Liquefaction, LLC, a Delaware limited liability company (the “Borrower”), Société Générale as the Secured Debt Holder Group Representative for the Commercial Banks Facility, as the Common Security Trustee (in such capacity, the “Common Security Trustee”) and as the Intercreditor Agent (in such capacity, the “Intercreditor Agent”), Shinhan Bank New York Branch, as the Secured Debt Holder Group Representative for the KEXIM Direct Facility and the KEXIM Covered Facility, The Korea Development Bank New York Branch, as the Secured Debt Holder Group Representative for the KSURE Covered Facility, The Bank of Nova Scotia, as the Secured Debt Holder Group Representat
THIRD OMNIBUS AMENDMENT AND WAIVERAnd Waiver • January 29th, 2008 • Lennar Corp /New/ • General bldg contractors - residential bldgs • New York
This THIRD OMNIBUS AMENDMENT AND WAIVER (this “Amendment and Waiver”), dated as of January 23, 2008 is entered into by and among CALYON NEW YORK BRANCH (together with its successors and assigns, “Calyon New York”), as the administrative agent (the “Administrative Agent”), as a bank and as a managing agent, ATLANTIC ASSET SECURITIZATION LLC, as an issuer (together with its successors and assigns, “Atlantic”), LA FAYETTE ASSET SECURITIZATION LLC, as an issuer (together with its successors and assigns, “La Fayette”), JS SILOED TRUST (together with its successors and assigns, “JUSI Trust”), as successor in interest to JUPITER SECURITIZATION COMPANY LLC (“Jupiter”), as an issuer, GRESHAM RECEIVABLES (NO. 6) LIMITED, as an issuer (“Gresham”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as a bank and as a managing agent (together with its successors and assigns, “JPMorgan Chase”), LLOYDS TSB BANK PLC, as a bank and a managing agent (together with its successors and assigns, “Lloyds”), RESIDENT
LETTER AMENDMENT AND WAIVERAnd Waiver • May 15th, 2007 • Jabil Circuit Inc • Printed circuit boards • New York
We refer to the Bridge Credit Agreement dated as of December 21, 2006 (the “Credit Agreement”) among Jabil Circuit, Inc. (the “Borrower”), the Agent and the other parties thereto. Capitalized terms not otherwise defined in this Letter Amendment and Waiver (this “Letter Amendment”) have the same meanings as specified in the Credit Agreement.
ContractAnd Waiver • February 15th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
AMENDMENT AND WAIVER, dated as of February 13, 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”).
FIFTH AMENDMENT AND WAIVERAnd Waiver • December 29th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This FIFTH AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of December 28, 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”).
SECOND OMNIBUS AMENDMENT AND WAIVERAnd Waiver • February 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • New York
This Second Omnibus Amendment and Waiver (this “Amendment”), dated as of February 13, 2006, by and between Accentia Biopharmaceuticals, Inc., a Florida corporation (the “Parent”), The Analytica Group, Inc., a Florida corporation (“Analytica” and, together with the Parent, the “Companies” and, each a “Company”) and Laurus Master Fund, Ltd., a Cayman Islands company (the “Purchaser”), amends that certain (i) Securities Purchase Agreement, dated as of April 29, 2005 (the “Initial Closing Date”), by and between the Parent and the Purchaser (as amended, modified or supplemented, the “Securities Purchase Agreement”); (ii) that certain Registration Rights Agreement, dated as of April 29, 2005, by and between the Parent and the Purchaser (as amended, modified or supplemented, the “Registration Rights Agreement”); (iii) that certain Amended and Restated Secured Convertible Term Note, dated as of April 29, 2005 and amended and restated as of August 16, 2005, by the Parent in favor of Purchaser i
SECOND AMENDMENT AND WAIVERAnd Waiver • July 14th, 2011 • First Solar, Inc. • Semiconductors & related devices • New York
This Second Amendment and Waiver, dated as of June 30, 2011 (this “Amendment”), to the Amended and Restated Credit Agreement, dated as of October 15, 2010, as amended by the First Amendment dated as of May 6, 2011 (as in effect the date of this Amendment, the “Credit Agreement”), among First Solar, Inc., a Delaware corporation (the “Company”), the various financial institutions and other persons from time to time party thereto (the “Lenders”), Bank of America, N.A. and The Royal Bank of Scotland plc, as the documentation agents, Credit Suisse, Cayman Islands Branch, as the syndication agent, and JPMorgan Chase Bank, N.A., as the administrative agent (in its capacity as the administrative agent, the “Administrative Agent”).
LETTER AMENDMENT AND WAIVERAnd Waiver • May 15th, 2007 • Jabil Circuit Inc • Printed circuit boards • New York
We refer to the Bridge Credit Agreement dated as of December 21, 2006 and the Letter Amendment and Waiver dated as of January 11, 2007 (the “Credit Agreement”) among Jabil Circuit, Inc. (the “Borrower”), the Agent and the other parties thereto. Capitalized terms not otherwise defined in this Letter Amendment and Waiver (this “Letter Amendment”) have the same meanings as specified in the Credit Agreement.
ContractAnd Waiver • June 27th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
AMENDMENT AND WAIVER, dated as of June 23, 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”).
AMENDMENT NO. 1 AND WAIVERAnd Waiver • January 5th, 2010 • Corinthian Colleges Inc • Services-educational services
THIS AMENDMENT NO. 1 AND WAIVER (this “Amendment”), dated as of January 4, 2010, is among HEALD REAL ESTATE, LLC, a Delaware limited liability company (the “Borrower”), HEALD CAPITAL, LLC, a Delaware limited liability company (“Holdings”), and BANK OF AMERICA, N.A. (the “Lender”).
DIGITAL HEALTH ACQUISITION CORP. Second AMENDMENT AND WAIVERAnd Waiver • April 18th, 2024 • Digital Health Acquisition Corp. • Services-health services
This Second Amendment and Waiver (this “Second Amendment”) is made effective as of April 17, 2024 (the “Effective Date”), by and among Digital Health Acquisition Corp., a Delaware corporation (the “Company”), DHAC Merger Sub I, Inc., DHAC Merger Sub II, Inc., VSee Lab, Inc., and iDoc Virtual Telehealth Solutions, Inc. (each, a “Party” and collectively, the “Parties”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Third Amended and Restated Business Combination Agreement dated November 21, 2023 among the Company and the Parties (the “Original BCA”) and as further amended on February 13, 2024 (the “First Amendment” as amended by the First Amendment, the “Third A&R BCA”). The Original BCA, as amended by both the First Amendment and this Second Amendment, is hereby referred as the “Agreement”.
AMENDMENT AND WAIVERAnd Waiver • July 28th, 2021 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York
AMENDMENT AND WAIVER (this “Amendment and Waiver”), dated as of June 22, 2021, by and among BRISTOL-MYERS SQUIBB COMPANY, a Delaware corporation (the “Company”), the Lenders (as defined below) party hereto and the Administrative Agent (as defined below), which amends that certain FIVE YEAR COMPETITIVE ADVANCE AND REVOLVING CREDIT FACILITY AGREEMENT (as amended, supplemented or otherwise modified from time to time prior to the effectiveness of this Amendment and Waiver, the “Existing Credit Agreement” and as modified by this Amendment and Waiver, the “Credit Agreement”) dated as of September 29, 2011, among the Company, the BORROWING SUBSIDIARIES (as defined in the Credit Agreement) from time to time party thereto, the lenders from time to time party thereto (the “Lenders”), certain Agents, JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, “JPMCB”), and CITIBANK, N.A., as Administrative Agent (in such capacity, “CBNA”; JPMCB and CBNA are referred to herein individual
ContractAnd Waiver • February 25th, 2014 • Fifth & Pacific Companies, Inc. • Women's, misses', and juniors outerwear • New York
SECOND AMENDMENT AND WAIVER, dated as of January 27, 2014 (this “Amendment”), to the Third Amended and Restated Credit Agreement, dated as of April 18, 2013 (as heretofore amended and as may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Fifth & Pacific Companies, Inc. (the “Company”), Kate Spade UK Limited and Kate Spade Canada Inc. (collectively, the “Borrowers”), the other Loan Parties from time to time party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent and US Collateral Agent, J.P. Morgan Europe Limited, as European Administrative Agent and European Collateral Agent, JPMorgan Chase Bank, N.A., Toronto Branch, as Canadian Administrative Agent and Canadian Collateral Agent, Bank of America, N.A., as Syndication Agent, and Wells Fargo Capital Finance, LLC and SunTrust Bank, as Documentation Agents.
SECOND AMENDMENT AND WAIVERAnd Waiver • May 14th, 2009 • Lear Corp • Motor vehicle parts & accessories • New York
SECOND AMENDMENT AND WAIVER, dated as of March 17, 2009 (this “Amendment”), to the Amended and Restated Credit and Guarantee Agreement, dated as of April 25, 2006 (as amended prior to the date hereof, the “Credit Agreement”), among LEAR CORPORATION, a Delaware corporation (the “U.S. Borrower”), certain Subsidiaries of LEAR CORPORATION, the several lenders from time to time parties thereto (the “Lenders”), the several agents parties thereto and JPMORGAN CHASE BANK, N.A., as general administrative agent (the “General Administrative Agent”).
SECOND AMENDMENT AND WAIVERAnd Waiver • March 31st, 2003 • Manitowoc Co Inc • Construction machinery & equip • New York
SECOND AMENDMENT AND WAIVER (this "Amendment"), dated as of February 4, 2003, among THE MANITOWOC COMPANY, INC., a Wisconsin corporation (the "Borrower"), the lending institutions from time to time party to the Credit Agreement referred to below (the "Lenders") and DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company), as Administrative Agent (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.
EXECUTION COPY SECOND AMENDMENT AND WAIVER Dated as of September 11, 1998 This SECOND AMENDMENT AND WAIVER dated as of September 11, 1998 (the "Amendment") among NORTHEAST UTILITIES ("NU"), THE CONNECTICUT LIGHT AND POWER COMPANY ("CL&P") and WESTERN...And Waiver • September 29th, 1998 • Northeast Utilities System • Electric services • New York
AMENDMENT NO. 5 AND WAIVERAnd Waiver • November 14th, 2003 • Triad Hospitals Inc • Services-general medical & surgical hospitals, nec
THIS AMENDMENT NO. 5 AND WAIVER dated as of September 25, 2003 (this “Amendment”) to the Credit Agreement referenced below is by and among Triad Hospitals, Inc., a Delaware corporation (the “Borrower”), and Bank of America, N.A., as Administrative Agent on behalf of itself and the Lenders.
ContractAnd Waiver • March 31st, 2005 • Neenah Paper Inc • Paper mills • New York
FIRST AMENDMENT AND WAIVER, dated as of January 31, 2005 (this "Amendment"), to the Credit Agreement dated as of November 30, 2004 (as heretofore amended, supplemented, or otherwise modified, the "Credit Agreement") among NEENAH PAPER, INC., a Delaware corporation (the "Parent"), each subsidiary of Parent listed as a "Borrower" on the signature pages thereto (together with Parent, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of Parent listed as a "Guarantor" on the signature pages thereto, the lenders party thereto (the "Lenders"), JPMORGAN CHASE BANK, N.A., as agent for the Lenders (in such capacity, the "Agent"), and JPMorgan Chase Bank, N.A., Toronto Branch, as Canadian collateral agent for the Lenders.
ContractAnd Waiver • October 24th, 2008 • A. H. Belo CORP • Newspapers: publishing or publishing & printing • New York
FIRST AMENDMENT AND WAIVER, dated as of October 23, 2008 (this “Amendment”), to the Credit Agreement dated as of February 4, 2008 (as heretofore amended, the “Credit Agreement”), among A. H. BELO CORPORATION, a Delaware corporation, the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
