RECITALSForbearance and Waiver Agreement • November 13th, 2001 • Amcast Industrial Corp • Miscellaneous fabricated metal products • Ohio
AMENDED AND RESTATED FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • February 3rd, 2009 • General Growth Properties Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED FORBEARANCE AND WAIVER AGREEMENT (as amended or modified from time to time, this “Agreement”) dated as of January 30, 2009, is made by and among GENERAL GROWTH PROPERTIES, INC. (“GGP”), GGP LIMITED PARTNERSHIP (“GGPLP”) and GGPLP L.L.C. (the “Company”; GGP, GGPLP and the Company being referred to herein, individually or collectively, as the context may require, as the “Borrower” or “Borrowers”), ROUSE LLC, GGP AMERICAN PROPERTIES INC., CALEDONIAN HOLDING COMPANY, INC., and EUROHYPO AG, NEW YORK BRANCH, as administrative agent (in such capacity, "Agent”) on behalf of the banks and other financial institutions or entities from time to time party to the Corporate Credit Agreement (as defined herein) (individually or collectively, as the context may require, “Lenders”).
SECOND] FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • August 10th, 2009 • Georgia Gulf Corp /De/ • Industrial inorganic chemicals • New York
AMENDED AND RESTATED FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • August 17th, 2020 • Chaparral Energy, Inc. • Crude petroleum & natural gas • New York
This Amended and Restated Forbearance and Waiver Agreement, dated as of August 14, 2020 (this “Agreement”), with respect to that certain Indenture, dated as of June 29, 2018 (as amended, supplemented or otherwise modified from time to time, the “Indenture”), by and among Chaparral Energy, Inc., a Delaware corporation (the “Company”), the guarantors from time to time party thereto (the “Guarantors”), and UMB Bank, N.A., a national banking association, in its capacity as trustee (in such capacity, the “Trustee”), pursuant to which the Company issued $300 million in 8.75% senior notes due 2023 (the “Notes”, and the holders thereof, the “Holders”), is entered into by and among (i) the Company, (ii) each of the Guarantors, and (iii) each of the undersigned Holders (the “Initial Consenting Holders” and, together with any subsequent Holder that becomes a party hereto in accordance with the terms hereof by executing a Joinder Agreement in the form of Exhibit A attached hereto, each, a “Consent
THIRD AMENDMENT TO FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • August 14th, 2013 • Affirmative Insurance Holdings Inc • Fire, marine & casualty insurance • New York
This THIRD AMENDMENT TO FORBEARANCE AND WAIVER AGREEMENT (this “Amendment”) is dated as of August 14, 2013 and is entered into by and among AFFIRMATIVE INSURANCE HOLDINGS, INC., a Delaware corporation (the “Borrower”), U.S. BANK NATIONAL ASSOCIATION, as Administrative Agent (together with its successors and assigns, in such capacity, the “Administrative Agent”), U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent (together with its successors and assigns, in such capacity, the “Collateral Agent” and together with the Administrative Agent, the “Agents”), the Lenders party hereto and the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain CREDIT AGREEMENT, dated as of January 31, 2007 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”) by and among the Borrower, the Lenders, Administrative Agent, Collateral Agent and the other Agents and Arrangers named therein. Capitalized terms used herein an
FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • March 15th, 2010 • Morgans Hotel Group Co. • Hotels & motels • New York
This FORBEARANCE AND WAIVER AGREEMENT (this “Agreement”), dated as of October 14, 2009, is made by and between CONCORD REAL ESTATE CDO 2006-1, LTD., an exempted company with limited liability under the laws of the Cayman Islands (“Concord CDO”), MORGANS GROUP LLC, a Delaware limited liability company (and, together with it successors and/or assigns as permitted hereunder, “Morgans”) and HENRY HUDSON SENIOR MEZZ LLC, a Delaware limited liability company (the “Hudson Borrower”).
Forbearance and Waiver AgreementForbearance and Waiver Agreement • November 21st, 2016 • Titan Energy, LLC • Drilling oil & gas wells • New York
This FORBEARANCE AND WAIVER AGREEMENT (this “Agreement”), dated as of July 25, 2016 (the “Agreement Effective Date”), is among Atlas Resources, LLC, a limited liability company formed under the laws of the State of Pennsylvania (the “Master General Partner”), each of the undersigned participating partnerships (the “Participating Partnerships”; together with the Master General Partner, the “Obligors”), each of the Hedge Providers that is a signatory hereto, and Wells Fargo Bank, National Association, as collateral agent for the Secured Parties (in such capacity, together with its successors, the “Collateral Agent”).
SECOND] FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • August 10th, 2009 • Georgia Gulf Corp /De/ • Industrial inorganic chemicals • New York
FORBEARANCE AND WAIVER AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSForbearance and Waiver Agreement • June 4th, 2002 • Westaff Inc • Services-help supply services • California
Reference is made to that certain Guarantor Security Agreement (Receivables, Inventory, Equipment and General Intangibles) dated as of March ___, 1998 (as now in effect or hereafter extended, renewed, modified, supplemented, amended or restated from time to time, the “Security Agreement”), by and among the Grantors from time to time party thereto in favor of BANK OF AMERICA, N.A. (formerly known as Bank of America National Trust and Savings Association) (“BofA”) for its benefit and the benefit of the financial institutions (the “Banks”) from time to time party to the Credit Agreement dated as of March 4, 1998 (as now in effect or hereafter extended, renewed, modified, supplemented, amended or restated from time to time, the “Credit Agreement”) among WESTAFF (USA), INC. (formerly known as Western Staff Services (USA), Inc.) (“WUSAI”), WESTERN MEDICAL SERVICES, INC. (“WMS” and, together with WUSAI, each a “Borrower” and collectively, the “Borrowers”), the Banks referred to therein and Bo
FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • June 16th, 2014 • CleanTech Innovations, Inc. • Miscellaneous fabricated metal products • New York
This Forbearance and Waiver Agreement (this “Agreement”) is dated and effective June 11, 2014 among CleanTech Innovations, Inc., a Nevada corporation with its principal executive offices located at C District, Maoshan Industry Park, Tieling Economic Development Zone, Tieling, Liaoning Province, China 112616 (the “Borrower”), and its wholly owned subsidiaries, Liaoning Creative Bellows Co., Ltd. (“Creative Bellows”) and Liaoning Creative Wind Power Equipment Co., Ltd. (“Wind Power,” together with Creative Bellows, the “Subsidiaries”), each such subsidiary organized under the laws of the People’s Republic of China, and NYGG (Asia), Ltd., a company organized under the laws of the British Virgin Islands with its principal executive offices located at 12th Floor Ruttonjee House, 11 Duddell Street, Central, Hong Kong (“Lender”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed in that certain Divesture and Exchange Agreement (the “Exchange Agreement”)
SECOND AMENDMENT TO FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • July 1st, 2013 • Affirmative Insurance Holdings Inc • Fire, marine & casualty insurance • New York
This SECOND AMENDMENT TO FORBEARANCE AND WAIVER AGREEMENT (this “Amendment”) is dated as of June 28, 2013 and is entered into by and among AFFIRMATIVE INSURANCE HOLDINGS, INC., a Delaware corporation (the “Borrower”), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (“Administrative Agent”), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent (“Collateral Agent” and together with the Administrative Agent, the “Agents”), the Lenders party hereto and the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain CREDIT AGREEMENT, dated as of January 31, 2007 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”) by and among the Borrower, the Lenders, Administrative Agent, Collateral Agent and the other Agents and Arrangers named therein. Capitalized terms used herein and not defined shall have the meanings ascribed to such terms in the Credit Agreement.
AMENDMENT, FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • July 14th, 2014 • Cubic Energy Inc • Drilling oil & gas wells • New York
This AMENDMENT, FORBEARANCE AND WAIVER AGREEMENT (this “Agreement”) is entered into on this 14th day of July 2014, by and among Cubic Energy, Inc. (the “Company”), Cubic Asset, LLC (“Asset”), Cubic Asset Holding, LLC (“Asset Holding”), Cubic Louisiana, LLC (“Louisiana”), Cubic Louisiana Holding, LLC (“Louisiana Holding”, together with Asset, Asset Holding and Louisiana, the “Guarantors”, and each a “Guarantor”) and the undersigned Series A Purchasers and Series B Purchasers (collectively, the “Noteholders”) and, solely for purposes of Sections 1, 5, 7 and 10.1-10.11 of this Agreement, the undersigned registration rights holders (the “Registration Rights Holders”). All terms capitalized and not defined herein shall take the meanings assigned in the NPA (as defined below).
FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • April 4th, 2013 • Affirmative Insurance Holdings Inc • Fire, marine & casualty insurance • New York
THIS FORBEARANCE AND WAIVER AGREEMENT (this “Agreement”) is dated as of March 29, 2013 and is entered into by and among AFFIRMATIVE INSURANCE HOLDINGS, INC., a Delaware corporation (the “Borrower”), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (“Administrative Agent”), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent (“Collateral Agent” and together with the Administrative Agent, the “Agents”), the Lenders party hereto and the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain CREDIT AGREEMENT, dated as of January 31, 2007 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”) by and among the Borrower, the Lenders, Administrative Agent, Collateral Agent and the other Agents and Arrangers named therein. Capitalized terms used herein and not defined shall have the meanings ascribed to such terms in the Credit Agreement.
FORBEARANCE AND WAIVER AGREEMENTForbearance and Waiver Agreement • January 14th, 2016 • AMERICAN POWER GROUP Corp • Engines & turbines
This Forbearance and Waiver Agreement (this “Agreement”) is entered into as of January 8, 2016, by and among WPU Leasing, LLC, a Delaware limited liability company (“WPU”), with an address at 650 Madison Avenue, 20th Floor, New York NY 10022, American Power Group, Inc., an Iowa corporation (the “Company”), with its principal place of business at 2503 Poplar Street, PO Box 187, Algona, IA 50511, and American Power Group Corporation, a Delaware corporation (“APG”), with its principal place of business at 7 Kimball Lane, Building A, Lynnfield, MA 01940.
