AMENDMENT, CONSENT AND WAIVER ----------------------------- Reference is made to: (i) that certain Intercreditor and Subordination Agreement, dated as of January 31, 2005, by and among the undersigned parties and the other signatories thereto (the...Consent And • March 27th, 2007 • Crestview Capital Master LLC • Services-prepackaged software
CONSENT AND RELEASE – NON-PAYMENTConsent And • April 24th, 2019
ACKNOWLEDGE AND AGREE WITH DESTINATION BC CORP. (“DESTINATION BC”), or successor representatives, in consideration of the opportunity for me to participate in the Recordings described below and for other good and valuable consideration (the receipt and sufficiency of which I acknowledge), AS FOLLOWS:
CONSENT AND AMENDMENTConsent And • July 2nd, 2008 • Craft Brewers Alliance, Inc. • Malt beverages • Washington
This Consent and Amendment is entered into effective as of July 1, 2008 by and among Redhook Ale Brewery, Incorporated (“Redhook”), Widmer Brothers Brewing Company (“Widmer”), Craft Brands Alliance LLC (“CBA”) and Anheuser-Busch, Incorporated (“ABI”).
CONSENT AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTConsent And • October 14th, 2016 • Miramar Labs, Inc. • Surgical & medical instruments & apparatus • California
This CONSENT AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of June 2, 2016, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on the signature pages hereto (each a “Lender” and collectively, the “Lenders”) including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”), immediately prior to the Borrower Change in Name (defined below), MIRAMAR LABS, INC., a Delaware corporation (“Miramar”), immediately after the Borrower Change in Name, MIRAMAR TECHOLOGIES, INC. (“Miramar Technologies” and, together with Miramar, the “Borrower”) with offices located at 2790 Walsh Ave., Santa Clara, CA 95051.
CONSENT AND SECOND AMENDMENT TO THE THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CHEVRON PHILLIPS CHEMICAL COMPANY LLCConsent And • July 27th, 2018 • Phillips 66 • Petroleum refining • Delaware
This Consent and Second Amendment to the Third Amended and Restated Limited Liability Company Agreement of Chevron Phillips Chemical Company LLC (this “Amendment”), effective as of June 1, 2018, is entered into by and among Chevron U.S.A. Inc., a Pennsylvania corporation (the “Class C Member”), Phillips 66 Company, a Delaware corporation (“P66Co”), and WesTTex 66 Pipeline Company, a Delaware corporation (“WesTTex 66”; P66Co and WesTTex 66 are collectively, the “Class P Members”; the Class P Members and the Class C Member are collectively, the “Members”). Any capitalized terms used but not defined herein shall have the same meanings set forth in the Third Amended and Restated Limited Liability Company Agreement of Chevron Phillips Chemical Company LLC (as amended, the “LLC Agreement”).
CONSENT AND FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CHEVRON PHILLIPS CHEMICAL COMPANY LLCConsent And • February 23rd, 2018 • Phillips 66 • Petroleum refining • Delaware
This Consent and First Amendment to the Third Amended and Restated Limited Liability Company Agreement of Chevron Phillips Chemical Company LLC (this “Amendment”), effective as of December 31, 2017, is entered into by and among Chevron U.S.A. Inc., a Pennsylvania corporation (the “Class C Member”), Phillips 66 Company, a Delaware corporation (“P66Co”), Phillips Chemical Holdings LLC (formerly Phillips Chemical Holdings Company), a Delaware limited liability company (“Chemical Holdings”), WesTTex 66 Pipeline Company, a Delaware corporation (“WesTTex 66”; P66Co, Chemical Holdings, and WesTTex 66 are collectively, the “Class P Members”; the Class P Members and the Class C Member are collectively, the “Members”). Any capitalized terms used but not defined herein shall have the same meanings set forth in the Third Amended and Restated Limited Liability Company Agreement of Chevron Phillips Chemical Company LLC (as amended, the “LLC Agreement”).
CONSENT AND FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTConsent And • May 8th, 2020 • Clearside Biomedical, Inc. • Pharmaceutical preparations • California
This CONSENT AND FIFTH AMENDMENT to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of March 11, 2020, by and among SILICON VALLEY BANK, a California corporation (“Bank”), as collateral agent (in such capacity, “Collateral Agent”), Bank in its capacity as a Lender, and the other Lenders party to that certain Second Amended and Restated Loan and Security Agreement dated as of May 14, 2018 (as the same may from time to time be amended, modified, supplemented or restated, including without limitation by that certain Consent and First Amendment to Second Amended and Restated Loan and Security Agreement dated as of July 3, 2019, that certain Consent and Second Amendment to Second Amended and Restated Loan and Security Agreement dated as of August 29, 2019, that certain Third Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 18, 2019, and that certain Consent and Fourth Amendment to Second Amended and Restat
CONSENT AND AMENDMENT NO. 14 TO LOAN AND SECURITY AGREEMENTConsent And • November 15th, 1999 • Health Fitness Corp /Mn/ • Services-misc health & allied services, nec • New York
CONSENT AND EIGHTH AMENDMENT TO NOTE PURCHASE AND GUARANTEE AGREEMENTConsent And • October 31st, 2017 • Chicago Bridge & Iron Co N V • Construction - special trade contractors • New York
This Consent and Eighth Amendment to Note Purchase and Guarantee Agreement (this “Consent and Amendment”), dated as of October 5, 2017, is made by and among CHICAGO BRIDGE & IRON COMPANY (DELAWARE), a Delaware corporation (the “Company”), CHICAGO BRIDGE & IRON COMPANY N.V., a corporation incorporated under the laws of The Netherlands (the “Parent Guarantor” and, together with the Company, the “Obligors”), and each of the holders of the Notes (as defined below) set forth on the signature pages to this Consent and Amendment (collectively, the “Required Holders”).
CONSENT AND WAIVER FOR USE OF INFORMATION AND PHOTOGRAPHSConsent And • September 18th, 2023
CONSENT AND AMENDMENT NO. 4 Dated as of July 26, 2012 to AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 24, 2009, as amended and restated as of February 2, 2011Consent And • July 27th, 2012 • Inergy L P • Retail-nonstore retailers • New York
THIS CONSENT AND AMENDMENT NO. 4 (this “Consent and Amendment”) is made as of July 26, 2012 by and among Inergy, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions listed on the signature pages hereof (collectively, the “Lenders”), and JPMorgan Chase Bank, N.A., as Administrative Agent (the “Administrative Agent”), under that certain Amended and Restated Credit Agreement dated as of November 24, 2009, as amended and restated as of February 2, 2011, by and among the Borrower, the lenders party thereto and the Administrative Agent (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.
CONSENT AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTConsent And • February 28th, 2022 • TechTarget Inc • Services-business services, nec
This Consent and First Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 7th day of December, 2021, by and among (i) WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”), as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”), (ii) Bank, as a Lender, and (iii) TECHTARGET, INC., a Delaware corporation, (“Borrower”) whose address is 275 Grove Street, Newton, Massachusetts 02466.
CONSENT AND FIRST AMENDMENTConsent And • March 12th, 2013 • Acadia Healthcare Company, Inc. • Services-specialty outpatient facilities, nec • New York
THIS CONSENT AND FIRST AMENDMENT (this “Amendment”), dated as of March 11, 2013, to the Credit Agreement referenced below is by and among Acadia Healthcare Company, Inc., a Delaware corporation (the “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 Administrative Agent (in such capacity, the “Administrative Agent”).
CONSENT AND RELEASE FORM – PHOTOS, VIDEOS, RECORDINGSConsent And • March 24th, 2021
CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTConsent And • January 7th, 2019 • Inhibrx, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS CONSENT AND THIRD AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of April 30, 2018 (the “Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (in its individual capacity, “Oxford”; and in its capacity as Collateral Agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 thereof from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), Inhibrx, LP, a Delaware limited partnership, Inhibrx 101, LP, a Delaware limited partnership, Inhibrx 104, LP, a Delaware limited partnership, INBRX 105, LP, a Delaware limited partnership, INBRX 106, LP, a Delaware limited partnership, INBRX 107, LP, a Delaware limited partnership, INBRX 108, LP, a Delaware limited partnership, INBRX 109, LP, a Delaware limited partnership, INBRX 110, LP, a Delaware limited partnership, INBRX 111, LP, a Delawar
GUARANTOR CONSENT AND REAFFIRMATION August 8, 2012Consent And • August 10th, 2012 • Constellation Brands, Inc. • Beverages
Reference is made to Restatement Agreement, dated as of August 8, 2012 to the Credit Agreement dated as of May 3, 2012, among Borrower, the Lenders, JPMORGAN CHASE BANK, N.A., BARCLAYS BANK PLC., COBANK, ACB and COÖPERATIEVE CENTRALE RAIFFEISEN – BOERENLEENBANK, B.A. “RABOBANK NEDERLAND,” NEW YORK BRANCH, as co-syndication agents (in such capacity, “Co-Syndication Agents”), MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, J.P. MORGAN SECURITIES LLC, BARCLAYS BANK PLC, COÖPERATIEVE CENTRALE RAIFFEISEN – BOERENLEENBANK, B.A. “RABOBANK NEDERLAND,” NEW YORK BRANCH and COBANK, ACB, as Joint Lead Arrangers and Joint Bookrunning Managers, COÖPERATIEVE CENTRALE RAIFFEISEN – BOERENLEENBANK, B.A. “RABOBANK NEDERLAND,” NEW YORK BRANCH and COBANK, ACB, as Joint Lead Arrangers and Joint Bookrunning Managers for the Term A-1 Loans, BANK OF AMERICA, N.A., as swingline lender (in such capacity, “Swingline Lender”), as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such
CONSENT AND RELEASEConsent And • April 27th, 2006 • Loews Mountainside Cinemas, Inc. • Services-motion picture theaters • New York
CONSENT AND RELEASE, dated as of April 17, 2006 (this “Consent”), by and between AMC Entertainment Inc., a Delaware corporation (the “Company”), and Citicorp North America, Inc., as administrative agent (in such capacity, the “Administrative Agent”).
CONSENT AND SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTConsent And • August 1st, 2017 • Penske Automotive Group, Inc. • Retail-auto dealers & gasoline stations
This CONSENT AND SECOND AMENDMENT, dated as of August 1, 2017 (this “Amendment”), is to the Fifth Amended and Restated Credit Agreement (as heretofore amended, the “Credit Agreement”), dated as of May 1, 2015 among PENSKE AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Company”), various financial institutions party thereto (the “Lenders”) and MERCEDES-BENZ FINANCIAL SERVICES USA LLC, as agent for the Lenders (the “Agent”). Unless otherwise defined herein, terms defined in the Credit Agreement are used herein as defined in the Credit Agreement (including as amended hereby).
CONSENT AND FIRST AMENDMENTConsent And • July 13th, 2005 • Patriot Capital Funding, Inc. • New York
THIS CONSENT AND FIRST AMENDMENT, dated as of November 7, 2003 (this “Agreement”) is between WILTON FUNDING, LLC, a Delaware limited liability company (“Borrower”), and iSTAR FINANCIAL INC., a Maryland corporation (“Lender”).
CONSENT AND SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTConsent And • March 6th, 2018 • Workiva Inc • Services-prepackaged software
This Consent and Sixth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 2nd day of March, 2018, by and between (i) SILICON VALLEY BANK (“Bank”) and (ii) WORKIVA INC., a Delaware corporation (f/k/a Workiva LLC, “Workiva”) and WORKIVA INTERNATIONAL LLC, a Delaware limited liability company (“International”, and together with Workiva, each and together, jointly and severally, “Borrower”) whose address is 55 West Monroe Street, Suite 3490, Chicago, Illinois 60603.
CONSENT AND AMENDMENT NO. 2 dated as of September 14, 2006Consent And • September 29th, 2006 • Triple Crown Media, Inc. • Services-advertising • New York
Reference is made to the Second Lien Senior Secured Credit Agreement dated as of December 30, 2005 (as amended, amended and restated, supplemented or otherwise modified from time to time, including by Consent and Amendment No. 1 dated May 19, 2006, the “Credit Agreement”; the terms defined therein, unless otherwise defined herein, being used herein as therein defined) among TRIPLE CROWN MEDIA, LLC, as borrower (the “Borrower”), TRIPLE CROWN MEDIA, INC., as parent and a guarantor (the “Parent”), the subsidiary guarantors named therein, the several banks and other financial institutions or entities from time to time party thereto, as lenders (the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”), WACHOVIA CAPITAL MARKETS, LLC and BANC OF AMERICA SECURITIES LLC, as Joint Bookrunners and Joint Lead Arrangers, and BANK OF AMERICA, N.A., as Syndication Agent.
CONSENT AND AMENDMENTConsent And • March 1st, 2023 • Cytokinetics Inc • Pharmaceutical preparations • New York
This CONSENT AND AMENDMENT (this “Amendment”), effective as of June 30, 2022, is executed by and between ROYALTY PHARMA DEVELOPMENT FUNDING, LLC, a Delaware limited liability company (“RP” and the “Lender” and together with RP’s affiliates, successors and/or assignees that become Lenders hereunder, collectively but not jointly, the “Lenders”) and CYTOKINETICS, INCORPORATED, a Delaware corporation with offices located at 350 Oyster Point Boulevard, South San Francisco, CA 94080 (“Borrower”).
ContractConsent And • May 8th, 2007 • Deltek, Inc • Services-computer programming services • New York
CONSENT AND WAIVER dated as of April 13, 2006 (this “Consent”), relating to the Credit Agreement dated as of April 22, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among DELTEK SYSTEMS, INC., a Virginia corporation (the “Borrower”), the Lenders party thereto and CREDIT SUISSE (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders.
CONSENT AND FIRST AMENDMENT TO ECONOMIC RECOVERY LOAN PROGRAM LOAN AGREEMENTConsent And • April 9th, 2024 • Immucell Corp /De/ • In vitro & in vivo diagnostic substances
This Consent and First Amendment to Economic Recovery Loan Program Loan Agreement (this “Amendment”) is made and dated as of April 8, 2024, by and between IMMUCELL CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Borrower”), the FINANCE AUTHORITY OF MAINE, a body corporate and politic and a public instrumentality of the State of Maine (the “Authority”).
CONSENT AND WAIVER August 6, 2009Consent And • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services
CONSENT AND TWENTY-FIRST AMENDMENT TO CREDIT AGREEMENTConsent And • August 14th, 2013 • Dialogic Inc. • Services-computer integrated systems design
THIS CONSENT AND TWENTY-FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of June 26, 2013, by and among Dialogic Corporation, a British Columbia corporation (“Borrower”), Dialogic Inc., a Delaware corporation formerly known as Veraz Networks, Inc. (“Parent”), Wells Fargo Foothill Canada ULC, an unlimited corporation existing under the laws of Alberta, as administrative agent for the Lenders (“Administrative Agent”), and the financial institutions named as lenders on the signature pages hereto (the “Lenders”).
CONSENT AND FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTConsent And • May 10th, 2012 • NGP Capital Resources Co • New York
THIS CONSENT AND FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Consent and Amendment”), is made and entered into as of March 30, 2012, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
CONSENT AND AMENDMENT NO. 2 TO INDENTURE AND RELATED DOCUMENTS This Consent and Amendment No. 2 to Indenture and Related Documents (this "Amendment"), dated as of July 28, 1999, is entered between, on the one hand, Norwest Bank Minnesota, N.A., as...Consent And • September 9th, 1999 • Monaco Finance Inc • Retail-auto dealers & gasoline stations • New York
RECITALSConsent And • August 11th, 1999 • Plum Creek Timber Co Inc • Real estate investment trusts • California
SECOND AMENDMENT TO, AND CONSENT AND WAIVER UNDER, CREDIT AGREEMENT AND SECURITY AGREEMENTConsent And • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS SECOND AMENDMENT TO, AND CONSENT AND WAIVER UNDER, CREDIT AGREEMENT AND SECURITY AGREEMENT (this “Second Amendment”) is made and entered into as of July 28, 2006, by and among Monotype Imaging Holdings Corp., a Delaware corporation (“Parent”), Monotype Imaging, Inc., a Delaware corporation (“Administrative Borrower”), International Typeface Corporation, a New York corporation (“Typeface” and together with Administrative Borrower, the “Borrowers”), the lenders listed on the signatory pages hereof (the “Lenders”), and Wells Fargo Foothill, Inc., a California corporation, in its capacity as administrative agent (“Agent”).
CONSENT AND RELEASE FORM – PHOTOS, VIDEOS, RECORDINGSConsent And • October 8th, 2021
CONSENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTConsent And • August 3rd, 2017 • Workiva Inc • Services-prepackaged software
This Consent and Fifth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 30th day of June, 2017, by and between (i) SILICON VALLEY BANK (“Bank”) and (ii) WORKIVA INC., a Delaware corporation (f/k/a Workiva LLC, “Workiva”) and WORKIVA INTERNATIONAL LLC, a Delaware limited liability company (“International”, and together with Workiva, each and together, jointly and severally, “Borrower”) whose address is 55 West Monroe Street, Suite 3490, Chicago, Illinois 60603.
ContractConsent And • March 26th, 2013 • Intercloud Systems, Inc. • Services-business services, nec • New York
SECOND AMENDMENT, CONSENT AND WAIVER dated as of March 22, 2013 (“Amendment”), executed in connection with the LOAN AND SECURITY AGREEMENT, dated as of September 17, 2012 (as such Agreement may hereafter be amended, supplemented or restated from time to time, the “Loan Agreement”), by and among INTERCLOUD SYSTEMS, INC. f/k/a GENESIS GROUP HOLDINGS, INC., a Delaware corporation (the “Borrower”), RIVES-MONTEIRO LEASING, LLC, an Alabama limited liability company, TROPICAL COMMUNICATIONS, INC., a Florida corporation, and each other Person that is now or may from time to time hereafter become a party thereto as a guarantor (collectively, the “Guarantors,” and each a “Guarantor”), MIDMARKET CAPITAL PARTNERS, LLC, a Delaware limited liability company (“MMCP”), in its capacity as agent for the Lenders, as hereinafter defined (in such capacity, the “Agent”), and each of the financial institutions which is now or which hereafter becomes a party thereto as a lender (each individually a “Lender”,
CONSENT AND LIMITED WAIVER TO BOARD REPRESENTATION AND STANDSTILL AGREEMENTConsent And • November 2nd, 2017 • Singer Julian D. • Electronic computers
This Consent and Limited Waiver to the Board Representation and Standstill Agreement is delivered by Concurrent Computer Corporation, a Delaware corporation (the “Company”), on October 26, 2017 to JDS1, LLC, a Delaware limited liability company (the “Investor”) and Julian D. Singer, in his individual capacity (the “Investor Affiliate,” and together with the Investor, the Investor Affiliate, and the Affiliates and Associates of each of the foregoing, the “Investor Group”). Capitalized terms used but not defined herein shall have the meanings set forth in the Board Representation and Standstill Agreement dated as of August 29, 2016 by and among the Company, the Investor, Investor Affiliate, and Wayne Barr in his individual capacity (the “Standstill Agreement”).
CONSENT AND ACKNOWLEDGMENT OF AMENDMENT TO NON-QUALIFIED STOCK OPTION GRANT AGREEMENTConsent And • April 8th, 2013 • Torchmark Corp • Life insurance
This CONSENT AND ACKNOWLEDGMENT OF AMENDMENT (the “Amendment”) is entered into effective April 8, 2013 (the “Effective Date”), by and between Torchmark Corporation (the “Company”) and Mark S. McAndrew (“McAndrew”).
