Consent And Amendment Agreement Sample Contracts

Mears Technologies Inc – Consent and Amendment Agreement (June 30th, 2016)

This CONSENT AND AMENDMENT AGREEMENT (this "Agreement"), dated as of April 1, 2016, is by and among Atomera Incorporated (f/k/a Mears Technologies, Inc.), a Delaware corporation (the "Company"), and the other Persons party hereto. Capitalized terms used, but not defined, herein shall have the same meaning ascribed to such terms in the 2015 Convertible Notes (as defined below).

Mears Technologies Inc – Consent and Amendment Agreement (June 17th, 2016)

This CONSENT AND AMENDMENT AGREEMENT (this "Agreement"), dated as of April 1, 2016, is by and among Atomera Incorporated (f/k/a Mears Technologies, Inc.), a Delaware corporation (the "Company"), and the other Persons party hereto. Capitalized terms used, but not defined, herein shall have the same meaning ascribed to such terms in the 2015 Convertible Notes (as defined below).

PishPosh, Inc. – Consent and Amendment Agreement (November 12th, 2014)

This Consent and Amendment Agreement is made as of the 30th day of September, 2014 ("Agreement"), among PishPosh, Inc., a Nevada corporation (the "Company"), and a Majority in Interest of the Purchasers hereto who are "Purchasers" under certain Securities Purchase Agreements with the Company dated July 2, 2014 ("Securities Purchase Agreements"), Registration Rights Agreements ("Registration Rights Agreement") and other documents for the sale by the Company of Preferred Stock ("Preferred Stock") and Warrants ("Warrants").

Consent and Amendment Agreement (July 31st, 2014)

THIS CONSENT AND AMENDMENT AGREEMENT (this Agreement), dated as of June 20, 2014, is made among TANDEM DIABETES CARE, INC., a Delaware corporation (the Borrower), (i) the financial institutions listed on the signature pages hereof under the heading EXISTING TERM LOAN LENDERS (each an Existing Term Loan Lender and, collectively, the Existing Term Loan Lenders) and (ii) the financial institutions listed on the signature pages hereof under the heading NEW TRANCHE TERM LOAN LENDERS (each an New Tranche Term Loan Lender and, collectively, the New Tranche Term Loan Lenders, and together with the Existing Term Loan Lenders, the Term Loan Lenders).

Omnibus Waiver, Consent and Amendment Agreement (May 15th, 2014)

This OMNIBUS WAIVER, CONSENT AND AMENDMENT AGREEMENT (this Agreement), dated as of May 9, 2014, is made by and among CASH AMERICA INTERNATIONAL, INC. (the Company), a Texas corporation, each of the Guarantors listed on the signature pages hereto, and each of the holders of the Notes (defined below) set forth on Annex 1 hereto (the Noteholders).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of June 28, 2012, by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of March 8, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of November 19, 2012, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of December 20, 2011, by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of January 18, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of March 1, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of October 9, 2012, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of February 20, 2013, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Syndax Pharmaceuticals Inc – Consent and Amendment Agreement (March 27th, 2014)

This Consent and Amendment Agreement (this Agreement), dated as of December 28, 2012, is entered into by and among SYNDAX PHARMACEUTICALS, INC., a Delaware corporation (Borrower), the Lenders (as defined below), and GENERAL ELECTRIC CAPITAL CORPORATION, as agent for the Lenders (in such capacity, and together with its successors and permitted assigns, Agent).

Focus Media Holding – Consent and Amendment Agreement in Relation to Us$200,000,000 Sblc Term Loan Facility Agreement (April 29th, 2013)

This consent and amendment agreement (Consent Agreement), dated December 19, 2012, is made among FOCUS MEDIA HOLDING LIMITED, a company incorporated under the laws of the Cayman Islands with its registered office at Cricket Square, Hutchins Drive, PO Box 2681, Grand Cayman KY1-1111, the Cayman Islands, as borrower (together with its successors and permitted assigns, the Borrower), DBS BANK LTD., HONG KONG BRANCH, as lender (the Lender), and GIOVANNA ACQUISITION LIMITED, an exempted company incorporated with limited liability under the laws of the Cayman Islands with registered number CT-272577 (the Bidder).

Tengion – Second Consent and Amendment Agreement (February 4th, 2013)

This Consent and Amendment Agreement (this "Agreement") is entered into this 30th day of January, 2013, by and among Tengion, Inc., a Delaware corporation (the "Company") and each party identified on the signature pages hereto (each an "Investor" and collectively, the "Investors").

Tengion – Consent and Amendment Agreement (January 7th, 2013)

This Consent and Amendment Agreement (this "Agreement") is entered into this 31st day of December, 2012, by and among Tengion, Inc., a Delaware corporation (the "Company") and each party identified on the signature pages hereto (each an "Investor" and collectively, the "Investors").

La Jolla Pharmaceutical Company – Consent and Amendment Agreement (January 20th, 2012)

This CONSENT AND AMENDMENT AGREEMENT (this Agreement), entered into as of the 19th day of January, 2012 (the Effective Date), is made by and among La Jolla Pharmaceutical Company, a Delaware corporation (the Company), and the undersigned parties (each a Holder and collectively the Holders).

La Jolla Pharmaceutical Company – Consent and Amendment Agreement (April 5th, 2011)

This CONSENT AND AMENDMENT AGREEMENT (this Agreement), entered into as of the 29th day of March 2011 (the Effective Date), is made by and among La Jolla Pharmaceutical Company, a Delaware corporation (the Company), and the undersigned parties (each a Holder and collectively the Holders).

Consent and Amendment Agreement (June 16th, 2010)

THIS CONSENT AND AMENDMENT AGREEMENT (this Consent) is dated as of June 7, 2010 and is by and between SILICON VALLEY BANK (Bank) and MOTRICITY, INC. a Delaware corporation (Borrower).

Cellectar Biosciences, Inc. – Consent and Amendment Agreement (January 26th, 2010)

CONSENT AGREEMENT (this "Agreement"), dated as of January 21, 2010, by and among Novelos Therapeutics, Inc. (the "Company") and the holders set forth on the signature pages affixed hereto (each such holder, a "Consenting Holder" and, collectively, the "Consenting Holders").

Consent and Amendment Agreement (November 9th, 2009)

This Consent and Amendment Agreement under the Contribution Deferral Agreement (the Consent) dated as of September 22, 2009 (the Consent Date), by and among (i) YRC INC., a Delaware corporation (YRC), USF HOLLAND, INC., a Michigan corporation (Holland), NEW PENN MOTOR EXPRESS INC., a Pennsylvania corporation (New Penn), USF REDDAWAY INC., an Oregon corporation (Reddaway) (each of YRC, Holland, New Penn and Reddaway a Primary Obligor, and collectively, the Primary Obligors); (ii) each of the Guarantors a party hereto; (iii) Wilmington Trust Company, as agent (together with its successors and assigns, in such capacity, the Agent); and (iv) each of the Funds party hereto. The Primary Obligors, the Funds and the Agent are herein individually referred to as a Party and together referred to as the Parties.

Genta – Consent and Amendment Agreement (September 9th, 2009)

This Consent and Amendment Agreement (this "Agreement"), 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"). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase Agreement.

Genta – Consent and Amendment Agreement (July 8th, 2009)

This Consent and Amendment Agreement (this "Agreement") shall be effective as of the Effective Date (as defined below), 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"). Capitalized terms used but not defined herein shall have the meanings given to such terms in the April 2009 Consent Agreement.

Evolution Fuels, Inc. – Consent and Amendment Agreement (December 29th, 2008)

This Consent and Amendment Agreement (this "Consent") is dated as of December __, 2008, by and between Earth Biofuels, Inc., a Delaware corporation, with its corporate headquarters located at 3001 Knox Street, Suite 403, Dallas, Texas 75205 (the "Company") and ___________________ (the "Investor").

Quantum Materials Corp. – Waiver Consent and Amendment Agreement (November 10th, 2008)

THIS WAIVER, CONSENT AND AMENDMENT AGREEMENT, dated as of November 5, 2008 (this "Agreement"), by and among Hague Corp. ("Borrower"), MKM Opportunity Master Fund, Ltd. ("MKM Opportunity"), Steven Posner Irrevocable Trust u/t/a Dated 06/17/65 ("Posner"), MKM SP1, LLC ("MKM SP1" and together with MKM Opportunity and Posner, the "Subscribers"), Randall J. Lanham, Attorney Escrow ("Lanham") and Sichenzia Ross Friedman Ference LLP (the "Escrow Agent").

Consent and Amendment Agreement (July 22nd, 2008)

CONSENT AND AMENDMENT AGREEMENT (this Consent), dated as of July 10, 2008, by and among XM Satellite Radio Holdings Inc. (the Issuer) and the undersigned institutions, severally, but not jointly and severally (each such institution, a Holder and collectively, all such institutions, the Holders). For purposes hereof, all references in this Consent to Holders shall mean, as of any date of determination, those Holders or parties, as the case may be, that on or before such date of determination executed and delivered a counterpart signature page to this Consent substantially in the form attached as Exhibit A hereto, together with any transferee of Bonds (as hereinafter defined) beneficially owned by such Holders that have executed and delivered a joinder signature page to this Consent.

Consent and Amendment Agreement (June 10th, 2008)

This Consent and Amendment Agreement (the Agreement), dated as of May ____, 2008, is by and among Universal Energy Corp., a Delaware corporation (the Company) and the investors signatory hereto (each, a Buyer and collectively, the Buyers).

Consent and Amendment Agreement (June 10th, 2008)

This Consent and Amendment Agreement (the Agreement), dated as of May ____, 2008, is by and among Universal Energy Corp., a Delaware corporation (the Company) and the investors signatory hereto (each, a Buyer and collectively, the Buyers).

Airtrax Inc – Waiver Consent and Amendment Agreement (May 20th, 2008)

THIS WAIVER, CONSENT AND AMENDMENT AGREEMENT, dated as of May __, 2008 (this "Agreement"), among Airtrax, Inc. ("Borrower"), the parties identified on Schedule A hereto ("Secured Lenders") (each a "Party" and collectively the "Parties").

Consent and Amendment Agreement (January 5th, 2007)

THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of December 29, 2006 (this Consent) by and among CYBERONICS, INC. (the Borrower), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the Administrative Agent) and the Lenders now or from time to time party to the Credit Agreement referenced below (the Lenders). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Consent and Amendment Agreement (November 6th, 2006)

THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of October 31, 2006 (this Consent) by and among CYBERONICS, INC. (the Borrower), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the Administrative Agent) and the Lenders now or from time to time party to the Credit Agreement referenced below (the Lenders). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Air Water International Corp – Waiver, Consent and Amendment Agreement (October 20th, 2006)

This Waiver, Consent and Amendment Agreement (Agreement) dated as of October ___, 2006 is entered into by and among Universal Communication Systems, Inc., a Nevada corporation (the Company) and the subscribers identified on the signature page hereto (each a Subscriber and collectively Subscribers).

Consent and Amendment Agreement (July 27th, 2006)

THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of July 27, 2006 (this Consent) by and among CYBERONICS, INC. (the Borrower), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the Administrative Agent) and the Lenders now or from time to time party to the Credit Agreement referenced below (the Lenders). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Phoenix Group – Waiver, Consent, and Amendment Agreement (June 12th, 2006)

THIS WAIVER, CONSENT, AND AMENDMENT AGREEMENT (this "Agreement") is made, entered into, and effective as of June 2, 2006 by and between Lighting Science Group Corporation, a Delaware corporation (the "Company"), and the undersigned holder (the "Holder") of shares of the Company's 6% Convertible Preferred Stock, $0.001 par value per share ("Preferred Stock") and/or a warrant or warrants ("PIPE Warrants") for the purchase shares of the Company's common stock, $0.001 par value per share ("Common Stock"). Any and all capitalized terms used but not defined herein shall have the meaning(s) assigned to such terms in the Purchase Agreement (defined below).