Forbearance And Modification Agreement Sample Contracts

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Techprecision Corp – Fourth Forbearance and Modification Agreement (August 18th, 2014)

This Fourth Forbearance and Modification Agreement (this "Agreement") is made as of August 12, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the "Borrower"), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor") and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

Techprecision Corp – Third Forbearance and Modification Agreement (July 8th, 2014)

The Obligors acknowledge and agree that as a result of the Borrower's failure to pay its indebtedness to the Lender arising under the Loan Documents on or before the Forbearance Termination Date specified in the Second Forbearance Agreement, all such indebtedness is due and payable in full. The Borrower acknowledges and agrees that the Lender has no obligation to make additional loans or otherwise extend credit to the Borrower under the Loan Documents or otherwise. The Borrower has requested that the Lender forbear from exercising its rights and remedies under the Loan Documents, and the Lender agrees to do so until the Forbearance Termination Date (as hereinafter defined) upon the following terms and conditions:

Body Central – Forbearance and Modification Agreement (June 27th, 2014)

THIS FORBEARANCE AND MODIFICATION AGREEMENT (this Agreement), is dated as of June 23, 2014 by and among (i) Body Central Stores, Inc. (the Lead Borrower), (ii) the other Borrowers party hereto (together with the Lead Borrower, the Borrowers), (iii) the Guarantors party hereto (the Guarantors and together with the Borrowers, the Loan Parties), (iv) the lenders party hereto (the Lenders), and (v) Crystal Financial LLC, in its capacities as administrative agent and collateral agent (in such capacities, the Agent) under the Credit Agreement (as defined below).

Techprecision Corp – Forbearance and Modification Agreement (June 4th, 2014)

This Forbearance and Modification Agreement (this "Agreement") is made as of May 30, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the "Borrower"), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor") and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

Techprecision Corp – Forbearance and Modification Agreement (January 23rd, 2014)

This Forbearance and Modification Agreement (this "Agreement") is made as of January 16, 2014 by and among Ranor, Inc., a Delaware corporation, having a place of business and mailing address of 1 Bella Drive, Westminster, MA 01473-1058 (the "Borrower"), TechPrecision Corporation, a Delaware corporation, having a place of business and mailing address of 3477 Corporate Parkway - Suite 140, Center Valley, PA 18034 (the "Guarantor") and Santander Bank, N.A. (formerly known as Sovereign Bank), a national banking association, with a place of business at 75 State Street, Boston, MA 02109 (the "Lender").

Nnn 2003 Value Fund Llc – Forbearance and Modification Agreement (July 23rd, 2009)

THIS FORBEARANCE AND MODIFICATION AGREEMENT (this Agreement) is made and entered into as of the 17th day of July 2009 (the Effective Date), by and among NNN CHASE TOWER, LLC, a Delaware limited liability company, NNN CHASE TOWER MEMBER, LLC, a Delaware limited liability company, NNN OF8 CHASE TOWER, LLC, a Delaware limited liability company, NNN OF8 CHASE TOWER MEMBER, LLC, a Delaware limited liability company, NNN-ERG CHASE TOWER GP I, LLC, a Delaware limited liability company, and ERG CHASE TOWER LIMITED I, LP, a Texas limited partnership (collectively, Initial Borrower), NNN VF Chase Tower, LLC, a Delaware limited liability company, and NNN VF Chase Tower Member, LLC, a Delaware limited liability company (collectively, Additional Borrower, and together with the Initial Borrower, collectively, the Borrower), Grubb & Ellis Realty Investors, LLC (formerly known as Triple Net Properties, LLC), a Virginia limited liability company (Grubb), NNN Opportunity Fund VIII, LLC, a Delaware limit

Osiris – November 8, 2006 Thomas Equipment, Inc. 1818 North Farwell Avenue Milwaukee, Wisconsin 53202 Re: Forbearance and Modification Agreement (February 20th, 2007)

Reference is made to the Securities Purchase Agreement dated as of April 19, 2005 (the "Purchase Agreement") among Thomas Equipment, Inc., a Delaware corporation (the "Company"), the undersigned (the "Investor") and certain other parties, the Company's Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock (the "Certificate of Designation"), and the common stock purchase warrants issued to the Investor in connection with the Purchase Agreement (the "Warrant"). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.

World Health Alternatives – Eighth Amendment to Amended and Restated Forbearance and Modification Agreement (February 7th, 2006)

This Eighth Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of February 3, 2006 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lende

World Health Alternatives – Seventh Amendment to Amended and Restated Forbearance and Modification Agreement (January 27th, 2006)

This Seventh Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of January 20, 2006 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lend

World Health Alternatives – Sixth Amendment to Amended and Restated Forbearance and Modification Agreement (January 12th, 2006)

This Sixth Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of January 6, 2006 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lender)

World Health Alternatives – Fifth Amendment to Amended and Restated Forbearance and Modification Agreement (December 28th, 2005)

This Fifth Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of December 23, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lende

World Health Alternatives – Fourth Amendment to Amended and Restated Forbearance and Modification Agreement (December 16th, 2005)

This Fourth Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of December 9, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lende

World Health Alternatives – Third Amendment to Amended and Restated Forbearance and Modification Agreement (November 23rd, 2005)

This Third Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of November 18, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lende

World Health Alternatives – Second Amendment to Amended and Restated Forbearance and Modification Agreement (November 14th, 2005)

This Second Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of November 4, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lende

World Health Alternatives – First Amendment to Amended and Restated Forbearance and Modification Agreement (November 8th, 2005)

This First Amendment to Amended and Restated Forbearance and Modification Agreement (this Amendment) is made as of November 2, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lender

World Health Alternatives – Amended and Restated Forbearance and Modification Agreement (September 23rd, 2005)

This Amended and Restated Forbearance and Modification Agreement (Agreement) is made as of September 15, 2005 by and among World Health Alternatives, Inc., a Florida corporation (World Health), Better Solutions, Inc., a Pennsylvania corporation (BSI), JC Nationwide, Inc. (f/k/a MedTech Medical Staffing of Boca Raton, Inc.), a Delaware corporation (JC), MedTech Medical Staffing of New England, Inc., a Delaware corporation (MedTech Medical), MedTech Franchising, Inc., a Delaware corporation (MedTech Franchising), World Health Staffing, Inc., a California corporation (World Health California), World Health Staffing, Inc. (f/k/a MedTech Medical Staffing of Orlando, Inc.), a Delaware corporation (World Health Delaware; World Health, BSI, JC, MedTech Medical, MedTech Franchising, World Health California and World Health Delaware are referred to herein individually and collectively, as Borrower), and CapitalSource Finance LLC, a Delaware limited liability company (Lender).

Wilson Brothers Usa Inc – Second Forbearance and Modification Agreement (August 16th, 2004)

THIS SECOND FORBEARANCE AND MODIFICATION AGREEMENT (herein called this Agreement) is made as of May 1, 2004 (the Effective Date), by and among Numo Manufacturing, Inc. (Borrower), Wilson Brothers USA, Inc. (Guarantor), and Comerica Bank, a Michigan banking corporation and successor by merger to Comerica BankTexas (Bank).

U S Plastic Lumber Corp – Second Amendment to Forbearance and Modification Agreement (July 25th, 2002)
U S Plastic Lumber Corp – Forbearance and Modification Agreement (March 19th, 2002)
Arguss Communications Inc – Amendment to Forbearance and Modification Agreement and Waiver (December 31st, 2001)

This AMENDMENT TO FORBEARANCE AND MODIFICATION AGREEMENT AND WAIVER (this "Agreement") is entered into as of the 26th day of December, 2001, among Arguss Communications Inc., formerly known as Arguss Holdings, Inc. (the "Borrower"), certain guarantors of the Borrower identified on the signature pages hereto (the "Guarantors"), the Lenders (as defined below) and Bank of America, N.A., formerly NationsBank, N.A., as administrative agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein but not otherwise defined shall have the meanings set forth, or incorporated, in the Forbearance Agreement (as defined below).

Arguss Communications Inc – Forbearance and Modification Agreement (November 14th, 2001)

This FORBEARANCE AND MODIFICATION AGREEMENT (this "Agreement") is entered into this the 7th day of November, 2001, between and among Arguss Communications Inc., formerly known as Arguss Holdings, Inc. (the "Borrower"), certain guarantors of the Borrower identified on the signature pages hereto (the "Guarantors"), the Lenders (as defined below) and Bank of America, N.A., formerly NationsBank, N.A., as administrative agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein but not otherwise defined shall have the meanings given to such terms in the Credit Agreement (as defined below).

Forbearance and Modification Agreement (April 23rd, 2001)