Fourth Forbearance Agreement Sample Contracts

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CPI Corporation – Confidential Treatment Requested for Portions of This Document. Portions for Which Confidential Treatment Is Requested Are Denoted by [***]. Material Omitted Has Been Filed Separately With the Securities and Exchange Commission. (March 18th, 2013)

This Fourth Forbearance Agreement dated as of March 8, 2013 (the "Fourth Forbearance Agreement"), is entered into by and among: (i) CPI Corp., a Delaware corporation (the "Borrower" also referred to herein as the "Company"); (ii) Consumer Programs Incorporated, a Missouri corporation ("CP Inc."), CPI Canadian Holdings, Inc., a Delaware corporation ("CPI Canadian Holdings"), CPI Images, L.L.C., a Missouri limited liability company ("Images"), CPI International Holdings, Inc., a Delaware corporation ("CPI International"), Texas Portraits L.P., a Delaware limited partnership ("Texas"), Centrics Technology, Inc., a Delaware corporation ("Centrics"), and Image Source Inc., a Missouri corporation ("ISI," and, with CP Inc., CPI Canadian Holdings, Images, CPI International, Texas and Centrics, each an "Original Guarantor" and, collectively, the "Original Guarantors"); (iii) Bella Pictures Holdings, LLC, a Delaware limited liability company ("Bella"), and Sandy Realty Holdings, LLC, a Missouri

Fourth Forbearance Agreement (December 16th, 2010)

This Fourth Forbearance Agreement (as amended, restated, supplemented or otherwise modified from time to time, this Agreement) is made and entered into as of May 21, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (Borrower), RNK, Inc., a Massachusetts corporation (RNK), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (VOIP), Wave2Wave Data Communications, LLC, a Delaware limited liability company (Wave Data), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (Wave Communications), RNK VA, LLC, a Virginia limited liability company (RNK VA; RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a Company and collectively as the Companies), the financial institutions party hereto as Lenders (collectively, the Lenders) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders (in such capacity,

Fourth Forbearance Agreement (October 7th, 2010)

This Fourth Forbearance Agreement (as amended, restated, supplemented or otherwise modified from time to time, this Agreement) is made and entered into as of May 21, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (Borrower), RNK, Inc., a Massachusetts corporation (RNK), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (VOIP), Wave2Wave Data Communications, LLC, a Delaware limited liability company (Wave Data), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (Wave Communications), RNK VA, LLC, a Virginia limited liability company (RNK VA; RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a Company and collectively as the Companies), the financial institutions party hereto as Lenders (collectively, the Lenders) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders (in such capacity,

American Homepatient – Fourth Forbearance Agreement (March 5th, 2010)

This FOURTH FORBEARANCE AGREEMENT, dated as of October 30, 2009 (this Agreement), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HomePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., AHP Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Care Alliance of Virginia (collectively, the Makers), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the Agent) and those certain entities appearing on Schedule I attached hereto (collectively, the Forbearing Holders).

Butler International Inc – Fourth Forbearance Agreement (May 11th, 2009)

THIS FOURTH FORBEARANCE AGREEMENT (this "Agreement") is made and entered into as of May 4, 2009, by and among, BUTLER SERVICE GROUP, INC., a New Jersey corporation ("Borrower"), the other Credit Parties signatory hereto, the Lenders signatory hereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation ("GECC"), as Lender and as administrative agent for the Lenders (in such capacity, the "Agent") under the Credit Agreement (as hereinafter defined).

McLeodUSA – Contract (September 9th, 2005)

Exhibit 10.1 FOURTH FORBEARANCE AGREEMENT FOURTH FORBEARANCE AGREEMENT, dated as of September 9, 2005 (this "Agreement"), among (1) McLeodUSA Incorporated, a Delaware corporation (the "Borrower"), (2) each of the Subsidiaries of the Borrower listed on Schedule I hereto (the "Subsidiary Guarantors"), (3) the financial institutions named on the signature pages hereto (together with their respective successors and assigns, the "Participant Lenders") and (4) JPMorgan Chase Bank, N.A., as agent for the Lenders (the "Administrative Agent"). WITNESSETH: A. WHEREAS, the Borrower, certain Participant Lenders, the Administrative Agent and certain other financial institutions are parties to a Credit Agreement dated as of May 31, 2000 (as amended, the "2000 Credit Agreement"); B. WHEREAS, the Borrower, certain Participant Lenders, the Administrative Agent and certain other financial institutions are parties

Leiner Health Products – Fourth Forbearance Agreement (November 13th, 2001)

THIS FOURTH FORBEARANCE AGREEMENT (this "Agreement") is entered into as of November 2, 2001 among LEINER HEALTH PRODUCTS INC. (the "U.S. Borrower"), VITA HEALTH PRODUCTS INC. (the "Canadian Borrower," and together with the U.S. Borrower, the "Borrowers"), THE BANK OF NOVA SCOTIA, as U.S. Agent and as Canadian Agent, and the lenders party to the Credit Agreement referred to below.

Genesis Worldwide Inc-Old – Fourth Forbearance Agreement (August 1st, 2001)

WHEREAS, the Borrower, the Lenders and the Administrative Agent have entered into that certain Credit Agreement, dated as of June 30, 1999 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement");