First Amendment and Waiver Sample Contracts

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • August 9th, 2004 • Willbros Group Inc • Oil & gas field services, nec • New York
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Contract
First Amendment and Waiver • November 18th, 2005 • Hilfiger Tommy Corp • Men's & boys' furnishgs, work clothg, & allied garments • New York

RESTATED FIRST AMENDMENT AND WAIVER, dated as of February 1, 2005 (this “Restated Amendment and Waiver”), to the Credit Agreement, dated as of June 28, 2002 (as the same may further be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Tommy Hilfiger Corporation, a British Virgin Islands corporation (“Holdings”), Tommy Hilfiger U.S.A., Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto (collectively, the “Lenders”; individually, a “Lender”), and JPMorgan Chase Bank, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • June 18th, 2010 • Research Pharmaceutical Services, Inc. • Services-commercial physical & biological research • Pennsylvania

FIRST AMENDMENT AND WAIVER (this “Agreement”), dated as of August 29, 2007, by and among RESEARCH PHARMACEUTICAL SERVICES, INC., a Pennsylvania corporation (“Borrower”), and PNC BANK, NATIONAL ASSOCIATION, as the sole lender (in such capacity, “Lender”) and as agent under the Credit Agreement (as hereinafter defined) (in such capacity, “Agent”).

TUTOR PERINI CORPORATION FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • August 7th, 2012 • TUTOR PERINI Corp • General bldg contractors - nonresidential bldgs • Massachusetts

THIS FIRST AMENDMENT AND WAIVER (this “Amendment”) is entered into as of August 2, 2012 by and among TUTOR PERINI CORPORATION, a Massachusetts corporation f/k/a Perini Corporation (“Borrower”), with its chief executive office at 15901 Olden Street, Sylmar, California 91342, the Guarantors party hereto, BANK OF AMERICA, N.A., as Administrative Agent (“Agent”), and the Required Lenders under the Credit Agreement, as defined below. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement, as defined below.

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 31st, 2009 • Precision Drilling Trust • Drilling oil & gas wells • New York

FIRST AMENDMENT AND WAIVER, dated as of February 17, 2009 (this “Amendment and Waiver”), to the Bridge Credit Agreement, dated as of December 23, 2008 (as further amended, supplemented or otherwise modified from time to time, the “Bridge Credit Agreement”), among Precision Drilling Trust, an Alberta unincorporated open-ended investment trust (“Holdings”), Precision Drilling Corporation, a corporation amalgamated under the laws of the Province of Alberta (the “Borrower”), Deutsche Bank AG Cayman Islands Branch, as administrative agent and Lender, Royal Bank of Canada, as syndication agent and Lender and HSBC Bank USA, National Association, as documentation agent and Lender (collectively, the “Lenders”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • January 9th, 2008 • Global Aero Logistics Inc. • Air transportation, scheduled • New York

FIRST AMENDMENT AND WAIVER, dated as of December 10, 2007 (this “First Amendment and Waiver”), to the Term Loan Agreement, dated as of August 14, 2007 (the “Term Loan Agreement”), among New ATA Acquisition Inc., a Delaware corporation (the “Company”), the several lenders from time to time parties thereto (the “Lenders”), Jefferies Finance LLC, as documentation agent, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders thereunder (in such capacity, the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • November 14th, 2007 • Halifax Corp of Virginia • Services-computer programming, data processing, etc. • Maryland

This FIRST AMENDMENT AND WAIVER (this “Amendment”) is entered into as of November 13, 2007, among HALIFAX CORPORATION, a Virginia corporation (“Halifax”), HALIFAX ENGINEERING, INC., a Virginia corporation (“Engineering”), MICROSERV LLC, a Delaware limited liability company (“Microserv”) and HALIFAX ALPHANATIONAL ACQUISITION, INC., a Delaware corporation (“AlphaNational”; collectively with Halifax, Engineering and Microserv, “Borrower”), and PROVIDENT BANK, a Maryland banking corporation (“Bank”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 30th, 2004 • Muzak Holdings Finance Corp • Services-business services, nec • New York

FIRST AMENDMENT AND WAIVER, dated as of March 9, 2004 (“First Amendment”), to the Credit Agreement dated as of May 20, 2003 (the “Credit Agreement”), among MUZAK HOLDINGS LLC (“Holdings”), MUZAK LLC as Borrower (the “Borrower”), the lenders from time to time parties thereto (the “Lenders”), BEAR, STEARNS & CO. INC. and LEHMAN BROTHERS INC., as Joint Lead Arrangers, LEHMAN COMMERCIAL PAPER INC. and FLEET NATIONAL BANK, as Co-Syndication Agents, GENERAL ELECTRIC CAPITAL CORPORATION, as Documentation Agent and BEAR STEARNS CORPORATE LENDING INC., as Administrative Agent (“Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • February 12th, 2021 • Charge Enterprises, Inc. • Trucking & courier services (no air)

This First Amendment and Waiver (this “Amendment”) is made and entered into as of December 8, 2020 by and among Transworld Holdings, Inc., a Delaware corporation (which was formerly known as GoIP Global, Inc., a Colorado corporation) (the “Company”) and the purchasers signatory to the Purchase Agreement (as defined below) (each a, “Purchaser” and collectively, the “Purchasers”).

Contract
First Amendment and Waiver • April 15th, 2008 • Alloy Inc • Services-advertising agencies • New York

FIRST AMENDMENT AND WAIVER, dated as of January 16, 2008 (this “Amendment and Waiver”), to the Credit Agreement, dated of August 15, 2007 (as amended, restated, modified or otherwise supplemented, from time to time, the “Credit Agreement”), among ALLOY, INC., a Delaware corporation (“Borrower”), the Lenders party thereto and BANK OF AMERICA, N.A., as Administrative Agent and LlC Issuer.

FIRST AMENDMENT AND WAIVER Dated as of February 20, 2007
First Amendment and Waiver • November 8th, 2007 • CKX, Inc. • Services-motion picture & video tape production • New York

This FIRST AMENDMENT AND WAIVER (this “Amendment”) is entered into among CKX, INC., a Delaware corporation (the “Borrower”), and BEAR STEARNS CORPORATE LENDING INC., as administrative agent (in such capacity the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • September 15th, 2006 • Pinnacle Gas Resources, Inc. • Crude petroleum & natural gas • Texas

This FIRST AMENDMENT AND WAIVER (this "Amendment") dated as of March 30, 2006 is entered into by and among Pinnacle Gas Resources, Inc., a Delaware corporation (the "Borrower"), Encore Bank, as Administrative Agent (the "Agent"), and Texas Capital Bank, N.A., as Collateral Agent (the "Collateral Agent"). The Agent and the Collateral Agent are also collectively referred to herein as the "Lenders."

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 3rd, 2010 • Seagate Technology • Computer storage devices • New York

FIRST AMENDMENT AND WAIVER, dated as of March 1, 2010 (this “Amendment”), to the Credit Agreement referred to below, among SEAGATE TECHNOLOGY PLC, a public limited company incorporated under the laws of Ireland (“Seagate Ireland”), SEAGATE TECHNOLOGY, an exempted limited liability company incorporated under the laws of the Cayman Islands (“Intermediate Holdings”), SEAGATE TECHNOLOGY HDD HOLDINGS, an exempted limited liability company incorporated under the laws of the Cayman Islands (the “Borrower”), the Lenders (as defined below) parties hereto and JPMORGAN CHASE BANK, N.A., as administrative agent under the Credit Agreement (the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • September 7th, 2022 • Aditxt, Inc. • Pharmaceutical preparations

This First Amendment and Waiver (this “Amendment”) is made and entered into as of August 31, 2022 (the “Effective Date”) by and among Aditxt, Inc., a Delaware corporation (the “Company”), the purchasers signatory to the Purchase Agreement (as defined below) (each a, “Buyer” and collectively, the “Buyers”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • January 11th, 2006 • DynCorp International LLC • Services-business services, nec • New York

This First Amendment and Waiver (this “Amendment”) is entered into as of January 9, 2006, by and among DYNCORP INTERNATIONAL LLC (successor by merger to DI FINANCE SUB LLC), a Delaware limited liability company (“Company”), DYNCORP INTERNATIONAL INC. (formerly known as DI ACQUISITION CORP.), a Delaware corporation (“Holdings”), and CERTAIN SUBSIDIARIES OF COMPANY (together with Holdings, the “Guarantors”), as guarantors, the lenders party hereto, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as administrative agent (together with its permitted successors in such capacity, “Administrative Agent”), and BANK OF AMERICA, N.A., as issuing bank (together with its permitted successors in such capacity, “Issuing Bank”).

Contract
First Amendment and Waiver • November 18th, 2005 • Hilfiger Tommy Corp • Men's & boys' furnishgs, work clothg, & allied garments • New York

FIRST AMENDMENT AND WAIVER, dated as of November 16, 2004 (this “Amendment and Waiver”), to the Credit Agreement, dated as of June 28, 2002 (as the same may further be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Tommy Hilfiger Corporation, a British Virgin Islands corporation (“Holdings”), Tommy Hilfiger U.S.A., Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto (collectively, the “Lenders”; individually, a “Lender”), and JPMorgan Chase Bank, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • November 26th, 2021 • Charge Enterprises, Inc. • Trucking & courier services (no air)

This First Amendment and Waiver (this “Amendment”) is made and entered into as of November 26, 2021 by and among Charge Enterprises, Inc., a Delaware corporation (the “Company”) and the purchasers signatory to the Purchase Agreement (as defined below) (each a, “Purchaser” and collectively, the “Purchasers”).

Contract
First Amendment and Waiver • December 17th, 2004 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York

FIRST AMENDMENT AND WAIVER dated as of December 16, 2004 (the “Amendment”), to the Amended and Restated Credit Agreement, dated as of August 19, 2004 (the “Credit Agreement”), among CHS/Community Health Systems, Inc. (the “Borrower”), Community Health Systems, Inc. (“Parent”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”), Bank of America, N.A., as documentation agent, Wachovia Bank, National Association, as syndication agent, and JPMorgan Chase Bank, as administrative agent for the Lenders thereunder (in such capacity, the “Administrative Agent”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • November 7th, 2005 • Holly Corp • Petroleum refining • New York

This FIRST AMENDMENT AND WAIVER (this “Amendment”) is dated as of January 25, 2005 and is entered into by and between HOLLY CORPORATION, a Delaware corporation (the “Borrower”), each of the lenders signatory hereto, and BANK OF AMERICA, N.A., in its capacity as the Administrative Agent for the Lenders under the Credit Agreement referred to below (in such capacity, the “Administrative Agent”).

Contract
First Amendment and Waiver • December 29th, 2004 • Infotech Usa Inc • Services-computer integrated systems design • New York

FIRST AMENDMENT AND WAIVER, dated as of December 8, 2004 (“Amendment”), to CREDIT AND SECURITY AGREEMENT, dated as of June 29, 2004 (as amended from time to time, the “Credit Agreement”), among INFOTECH USA, INC., a New Jersey corporation, as borrower (the “Borrower”), INFOTECH USA, INC., a Delaware corporation, and INFORMATION TECHNOLOGY SERVICES, INC., a New York corporation, as guarantors (together with the Borrower, the “Obligors”), and WELLS FARGO BUSINESS CREDIT, INC., (the “Lender”). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement.

Contract
First Amendment and Waiver • August 20th, 2007 • Pall Corp • General industrial machinery & equipment, nec • New York

FIRST AMENDMENT AND WAIVER dated as of August 16, 2007 (this “Amendment”), to the FIVE-YEAR CREDIT AGREEMENT dated as of June 21, 2006 (as amended, supplemented or otherwise modified from time to time the “Credit Agreement”), among PALL CORPORATION (the “Company”), the Subsidiaries of the Company named on the signature pages thereto, the LENDERS from time to time party thereto, JPMORGAN CHASE BANK, N.A., as facility agent for the Lenders (the “Facility Agent”) and J.P. MORGAN EUROPE LIMITED, as London agent for the Lenders (the “London Agent” and, together with the Facility Agent, the “Agents”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 26th, 2008 • Patrick Industries Inc • Plastics products, nec • Illinois

THIS FIRST AMENDMENT AND WAIVER dated as of March 19, 2008 (this “Amendment”) amends the Credit Agreement dated as of May 18, 2007 (the “Credit Agreement”) among PATRICK INDUSTRIES, INC., an Indiana corporation (the “Borrower”), the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein have the respective meanings given to them in the Credit Agreement.

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Contract
First Amendment and Waiver • April 30th, 2020 • Hanesbrands Inc. • Retail-apparel & accessory stores • New York

FIRST AMENDMENT AND WAIVER, dated as of April 27, 2020 (this “Amendment”), to the FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 15, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among HANESBRANDS INC., a Maryland corporation (the “Parent Borrower”), MFB INTERNATIONAL HOLDINGS S.À R.L., a société à responsabilité limitée, incorporated and existing under the laws of the Grand Duchy of Luxembourg, having its registered office at 33, rue du Puits Romain, L-8070 Bertrange and registered with the Luxembourg Trade and Companies Register under number B 182.082 (the “Lux Borrower”), HBI Holdings Australasia Pty Ltd (the “Australian Borrower and, together with the Parent Borrower and the Lux Borrower, the “Borrowers”), the Lenders party thereto from time to time and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as the Administrative Agent and the Collateral Agent (in such capacities, the “Administrative Agent”).

Contract
First Amendment and Waiver • July 12th, 2002 • DHB Industries Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York

FIRST AMENDMENT AND WAIVER (this "Amendment"), dated as of June 28, 2002, to LOAN AND SECURITY AGREEMENT, dated as of September 24, 2001 (as amended, modified or supplemented from time to time, the "Loan Agreement"), by and among LASALLE BUSINESS CREDIT, INC., a Delaware corporation ("LaSalle"), and PROTECTIVE APPAREL CORPORATION OF AMERICA, a New York corporation ("PACA"), POINT BLANK BODY ARMOR, INC., a Delaware corporation ("Point Blank"), and NDL PRODUCTS, INC., a Florida corporation ("NDL", and with PACA and Point Blank, collectively, the "Borrowers" and each, a "Borrower"), and DHB INDUSTRIES, INC., a Delaware corporation (f/k/a DHB Capital Group, Inc., the "Parent"). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Loan Agreement.

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • December 14th, 2007 • Research Pharmaceutical Services, Inc. • Pennsylvania

FIRST AMENDMENT AND WAIVER (this “Agreement”), dated as of August 29, 2007, by and among RESEARCH PHARMACEUTICAL SERVICES, INC., a Pennsylvania corporation (“Borrower”), and PNC BANK, NATIONAL ASSOCIATION, as the sole lender (in such capacity, “Lender”) and as agent under the Credit Agreement (as hereinafter defined) (in such capacity, “Agent”).

DIGITAL HEALTH ACQUISITION CORP. FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • February 13th, 2024 • Digital Health Acquisition Corp. • Services-health services

This First Amendment and Waiver (this “Amendment”) is made effective as of February 13, 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 amended by this Amendment, the “Agreement”).

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • November 15th, 2002 • Tc Pipelines Lp • Natural gas transmission • Illinois

This First Amendment and Waiver (this “First Amendment”) is entered into as of April 15, 2002 by and among TC PipeLines, LP, a Delaware limited partnership (the “Borrower”), the Lenders party to the Credit Agreement referred to below, and Bank One, NA, as agent for such Lenders. The parties hereto agree as follows:

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 1st, 2007 • American Skiing Co /Me • Services-miscellaneous amusement & recreation • New York

FIRST AMENDMENT AND WAIVER, dated as of March 1, 2007 (this “Amendment”) to the FIRST LIEN CREDIT AGREEMENT (the “Credit Agreement”), dated as of November 24, 2004, among AMERICAN SKIING COMPANY (“ASC”), the Subsidiary Borrowers (collectively, the “Borrowers”) from time to time party to this Agreement, the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”), CREDIT SUISSE FIRST BOSTON (“CSFB”), as syndication agent for the Lenders hereunder (in such capacity, “Syndication Agent”), and GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”) and as Collateral Agent under the Security Documents (as defined below) (the “Collateral Agent”). Capitalized terms used but not otherwise defined in Amendment shall have the meanings set forth in the Credit Agreement and the rules of interpretation set forth therein shall apply to this Amendment.

FIRST AMENDMENT AND WAIVER
First Amendment and Waiver • March 6th, 2008 • Claiborne Liz Inc • Women's, misses', and juniors outerwear • New York

FIRST AMENDMENT AND WAIVER, dated as of February 20, 2008 (this “First Amendment”), to the Five-Year Credit Agreement, dated as of October 13, 2004 (as amended, supplemented or otherwise modified, the “Credit Agreement”), among LIZ CLAIBORNE, INC., a Delaware corporation (the “Borrower”), the lenders party thereto (the “Lenders”), BANK OF AMERICA, N.A., CITIBANK, N.A., SUNTRUST BANK and WACHOVIA BANK, NATIONAL ASSOCIATION, as syndication agents (the “Syndication Agents”), and JPMORGAN CHASE BANK, as administrative agent (the “Administrative Agent”).

Contract
First Amendment and Waiver • May 6th, 2008 • BioScrip, Inc. • Retail-drug stores and proprietary stores

FIRST AMENDMENT AND WAIVER, effective as of March 31, 2008 (“First Amendment”), to the AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of September 26, 2007 (as amended, restated, supplemented or otherwise modified, the “LSA”), among BioScrip Pharmacy Services, Inc. (“Pharmacy Services”), BioScrip Infusion Services, Inc. (“Infusion Services Inc”), BioScrip Pharmacy (NY), Inc. (“Pharmacy (NY)”), BioScrip PBM Services, LLC (“PBM Services”), BioScrip Pharmacy, Inc. (“Pharmacy”), Natural Living, Inc. (“Natural Living”) and BioScrip Infusion Services, LLC (“Infusion Services LLC” and together with Pharmacy Services, Infusion Services Inc, Pharmacy (NY), PBM Services, Pharmacy and Natural Living, each a “Borrower” and collectively, jointly and severally, the “Borrowers”), as borrowers, and HFG Healthco-4 LLC (together with its successors and assigns, the “Lender”), as the lender. Unless otherwise defined herein, terms in the LSA are used herein as therein defined.

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