Exhibit 10.4 LOAN AND SECURITY AGREEMENT DATED AS OF OCTOBER 31, 2006Loan and Security Agreement • November 6th, 2006 • BNS Holding, Inc. • Real estate • New York
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • October 3rd, 2000 • American Pad & Paper Co • Converted paper & paperboard prods (no contaners/boxes) • New York
RECITALSAsset Purchase Agreement • February 19th, 2002 • Atc Healthcare Inc /De/ • Services-home health care services • New York
SECURITY AGREEMENT This SECURITY AGREEMENT is made as of this 2nd day of January, 2002, by and between eB2B Commerce, Inc., a New Jersey corporation ("Debtor"), with its principal place of business at 757 Third Avenue, New York, New York 10017, and...Security Agreement • January 10th, 2002 • Eb2b Commerce Inc /Ny/ • Services-prepackaged software • New York
RECITALSAsset Purchase Agreement • October 15th, 2001 • Atc Healthcare Inc /De/ • Services-home health care services • New York
EXHIBIT 10.19 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement") dated as of October 3, 2006 ("Commencement Date") between MELVYN KNIGIN, residing at _______________________________________...Employment Agreement • October 6th, 2006 • Movie Star Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
ARTICLE I THE MERGERAgreement and Plan of Merger • January 10th, 2002 • Eb2b Commerce Inc /Ny/ • Services-prepackaged software • New York
EXECUTION VERSION INVESTMENT AGREEMENTInvestment Agreement • August 17th, 2007 • Harbinger Capital Partners Master Fund I, Ltd. • Services-membership sports & recreation clubs • New York
by and amongInvestment Agreement • July 31st, 2007 • Harbinger Capital Partners Master Fund I, Ltd. • Services-membership sports & recreation clubs • New York
DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT AMONGCredit and Guaranty Agreement • April 15th, 2003 • Key3media Group Inc • Services-business services, nec • New York
DEVELOPMENT RIGHTS PURCHASE AND SALE AGREEMENTDevelopment Rights Purchase and Sale Agreement • May 12th, 2016 • New York
(“Agreement”) is made as of the day of May, 2016 (the “Effective Date”) by and among HUDSON RIVER PARK TRUST a New York State public benefit corporation organized pursuant to the Hudson River Park Act, Chapter 592 of the Laws of 1998 of the State of New York (as amended, the “Act”) having an office at 353 West Street, 2nd Floor, New York, N.Y. 10014 (“Seller”), SJC 33 Owner 2015, LLC, a Delaware limited liability company having an office at 645 Madison Avenue, 18th Floor New York, New York 10022 (“Purchaser”) and
INVESTMENT AGREEMENT by and among BALLY TOTAL FITNESS HOLDING CORPORATION, as debtor and debtor-in-possession, and HARBINGER CAPITAL PARTNERS MASTER FUND I, LTD., and HARBINGER CAPITAL PARTNERS SPECIAL SITUATIONS FUND, L.P., as Investors Dated as of...Investment Agreement • August 16th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
This INVESTMENT AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made as of August 15, 2007, by and among Bally Total Fitness Holding Corporation, a Delaware corporation, in its capacity as debtor and debtor in possession (the “Company”), the subsidiary guarantors set forth on the signature pages hereto (the “Subsidiary Guarantors”), as guarantors, and Harbinger Capital Partners Master Fund I, Ltd. and Harbinger Capital Partners Special Situations Fund, L.P. (collectively, including any affiliates thereof, the “Investors”).
SOUTHERN UNION COMPANY AMENDED AND RESTAED 2003 STOCK AND INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • June 28th, 2005 • Southern Union Co • Natural gas distribution
This Restricted Stock Award Agreement (this “Agreement”) is made as of June 27, 2005 between Southern Union Company (the “Corporation”) and the undersigned (the “Holder”). The Compensation Committee of the Board of Directors of the Corporation has authorized the following Restricted Stock Award to the Holder under the Southern Union Company Amended and Restated 2003 Stock and Incentive Plan (the “Plan”), subject to the terms and provisions of the Plan and the additional conditions set forth below. Terms used in this Agreement that are defined in the Plan have the meanings assigned to them in the Plan.
INTERCREDITOR AGREEMENT dated as of August 29, 2005, among GENERAL ELECTRIC CAPITAL CORPORATION and WEBSTER BUSINESS CREDIT CORPORATION, as Senior Agents and ORIX FINANCE CORP., as Junior AgentIntercreditor Agreement • September 2nd, 2005 • Omni Energy Services Corp • Oil & gas field exploration services • New York
INTERCREDITOR AGREEMENT dated as of August 29, 2005, among GENERAL ELECTRIC CAPITAL CORPORATION, as agent for itself and the other Term A Secured Parties (as defined below) (in such capacity, the “Term A Agent”), WEBSTER BUSINESS CREDIT CORPORATION, as agent for itself and the other Revolver Secured Parties (as defined below) (in such capacity, the “Revolver Agent”) (for the avoidance of doubt, the agreements made herein by Term A Agent, for itself and on behalf of the Term A Secured Parties, and by Revolver Agent, for itself and on behalf of the Revolver Secured Parties, are several and not joint), and ORIX FINANCE CORP., as agent for itself and the other Junior Secured Parties (as defined below) (in such capacity, the “Junior Agent”).
UNITED STATES DISTRICT COURTSettlement Agreement • September 22nd, 2014
This Settlement Agreement (“Agreement”) is made and entered into as of this 1st day of August 2014 (the “Execution Date”) by and between NuCal Foods, Inc. (“NuCal”) and Direct Purchaser Plaintiffs’ Class representatives (“Plaintiffs”) (as defined herein at Paragraph 15), both individually and on behalf of a Class (as defined herein at Paragraph
FORBEARANCE AGREEMENTForbearance Agreement • August 15th, 2005 • Osullivan Industries Holdings Inc • Wood household furniture, (no upholstered)
This Forbearance Agreement (this “Agreement”) is made this 12th day of August, 2005, by and among O’Sullivan Industries, Inc. (“O’Sullivan”), a Delaware corporation, O’Sullivan Industries Holdings, Inc. (“Holdings”), a Delaware corporation, O’Sullivan Industries — Virginia, Inc. (“OIV”), a Virginia corporation, O’Sullivan Furniture Factory Outlet, Inc., a Missouri Corporation (“OFFO” and, collectively with O’Sullivan, Holdings, and OIV, the “Company”), The Bank of New York, in its capacity as indenture trustee (the “Trustee”), GoldenTree Asset Management L.P., as investment advisor for the Senior Secured Noteholders listed on Exhibit “A” (“GoldenTree”), and Mast Credit Opportunities I, (Master) Ltd. (“Mast”).
BOARD OBSERVER AND INDEMNIFICATION AGREEMENTBoard Observer and Indemnification Agreement • March 23rd, 2021 • Delaware
WHEREAS, the Trust was formed pursuant to the Amended and Restated Rescap Liquidating Trust Liquidating Trust Agreement by and among the Liquidating Trustees, Wilmington Trust, National Association, Manufacturers and Traders Trust Company, Residential Capital LLC and certain other debtors, dated as of December 17, 2013 (the “LTA”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the LTA;
ENGLE PROGENY LITIGATION SETTLEMENT AGREEMENTEngle Progeny Litigation Settlement Agreement • March 3rd, 2014 • Vector Group LTD • Cigarettes • Florida
THIS SETTLEMENT AGREEMENT (this “Agreement”), is made and voluntarily entered into as of October 22, 2013, by, between and among: (a) Liggett Group LLC (“Liggett”) and Vector Group Ltd. (“Vector”), which are defendants in certain Engle Progeny Actions (as defined in Section I), on the one hand, and (b) Plaintiffs’ Coordinating Counsel (as defined in Section I below), The Wilner Firm (as defined in Section I), and The Wilner Firm’s clients who are plaintiffs in certain federal and state Engle Progeny Actions (collectively, the “Participating Plaintiffs” as defined in Section I) on the other hand.
WITNESSETH:Sunglass License Agreement • July 24th, 2006 • Parlux Fragrances Inc • Perfumes, cosmetics & other toilet preparations • Florida
Kushner Companies agrees to acquire 250,000 s/f retail condominium at 229 West 43rd St. in Times Square for $296 millionJune 5th, 2022
Kushner Companies, a diversified real estate organization headquartered in New York, has entered into an agreement to acquire the retail condominium at 229 West 43rd St., the former New York Times Building, for a purchase price of $296 million.
EXHIBIT 10.1 AGREEMENT CONCERNING VOTING --------------------------- This Agreement Concerning Voting (as the same may be amended, modified, or supplemented from time to time in accordance with the terms hereof, this "Agreement") is entered into by...Agreement Concerning Voting • August 20th, 2001 • Covad Communications Group Inc • Telephone communications (no radiotelephone)
SETTLEMENT AGREEMENTSettlement Agreement • November 9th, 2016 • MusclePharm Corp • Pharmaceutical preparations • New York
WHEREAS, Capstone and MusclePharm entered into the Manufacturing Agreement on November 27, 2013 and the First Amendment to the Manufacturing Agreement (“First Amendment,” and collectively with the Manufacturing Agreement, the “Contract”) on March 2, 2015;
IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be duly executed by their duly authorized representatives, all as of the date first set forth above.Loan Agreement • January 17th, 2014 • Ambase Corp • Operators of nonresidential buildings • New York
This report is solely for the intended recipient and contains confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this report is prohibited.
AGREEMENTAgreement • April 16th, 2013 • POSITIVEID Corp • Communications equipment, nec • Florida
THIS AGREEMENT (the “Agreement”), is made and entered into as of February 15, 2013 (the “Closing Date”), by and among POSITIVEID CORPORATION, a Delaware corporation (“PSID”), SMART GLUCOSE METER CORP., a New York corporation (“SGMC”), and solely for purposes of Articles VII, VIII and XI hereof, EASY CHECK MEDICAL DIAGNOSTICS, LLC, a Florida limited liability company (“Easy Check”), EASY-CHECK MEDICAL DIAGNOSTIC TECHNOLOGIES LTD., an Israeli company (“Easy Check Israel”), and BENJAMIN ATKIN, an individual (“Atkin”).
STIPULATION AND SETTLEMENT AGREEMENTStipulation and Settlement Agreement • September 27th, 2018
This Stipulation and Settlement Agreement (“Agreement”) is entered into among (i) the State of New York (the “State”); (ii) the City of New York (the “City”); (iii) relator
ATTORNEYS GENERAL SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into this 15th day of March, 1996 by and among the State of West Virginia, State of Florida, State of Mississippi, Commonwealth of Massachusetts, and State of Louisiana...Attorneys General Settlement Agreement • March 18th, 1996 • Brooke Group LTD • Cigarettes
ContractLoan and Security Agreement • August 26th, 2017 • New York
[This Loan and Security Agreement is substantially in its final form, but remains subject to further review of Northlight and the Debtors.]
PLAN SUPPORT AGREEMENTPlan Support Agreement • April 16th, 2013 • KIT Digital, Inc. • Services-services, nec • New York
This PLAN SUPPORT AGREEMENT (this “Agreement”), dated as of April 16, 2013, is made and entered into by and among KIT digital, Inc. (the “Company”); and JEC Capital Partners, LLC (“JEC”), Stichting Bewaarder Ratio Capital Partners (“Ratio”), and Prescott Group Capital Management, L.L.C. (“Prescott”; and together with JEC and Ratio, the “Sponsors” and each a “Sponsor”). Each of the Company and Sponsors are sometimes referred to herein as a “Party” and collectively as the “Parties.”1
SECOND AMENDMENT TO SUBLEASESublease • November 12th, 2020 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
This SECOND AMENDMENT TO SUBLEASE (this "Second Amendment") is entered into this 22nd day of September 2020, by and between KASOWITZ BENSON TORRES LLP, a New York limited liability partnership, formerly known as Kasowitz, Benson, Torres & Friedman LLP ("Sublandlord"), and DELCATH SYSTEMS INC., a Delaware limited liability company ("Subtenant").
AGREEMENTAgreement • April 13th, 2007 • Parlux Fragrances Inc • Perfumes, cosmetics & other toilet preparations • Florida
This Agreement (the “Agreement”) is made and entered into as of December 6, 2006, by and between Perry Ellis International, Inc., a Florida corporation, for itself and its designee, (the “Buyer”) and Parlux Fragrances, Inc., a Delaware corporation (the “Seller” and together with Buyer, the “Parties”).
AGREEMENTAgreement • December 11th, 2006 • Perry Ellis International Inc • Men's & boys' furnishgs, work clothg, & allied garments • Florida
This Agreement (the “Agreement”) is made and entered into as of December 6, 2006, by and between Perry Ellis International, Inc., a Florida corporation, for itself and its designee, (the “Buyer”) and Parlux Fragrances, Inc., a Delaware corporation (the “Seller” and together with Buyer, the “Parties”).
TRANSITION AGREEMENT AND GENERAL RELEASETransition Agreement and General Release • December 18th, 2007 • International Fight League, Inc. • Services-amusement & recreation services • New York
Transition Agreement and General Release (this “Agreement”) made as of December 17, 2007, by and between International Fight League, Inc., with offices located at 424 West 33rd Street, Suite 650, New York, New York 10001 (the “Company”), and Gareb Shamus, who is domiciled at 24 North Brae Court, Tenafly, New Jersey 07670 (“Executive”; and each of the Company and the Executive, a “Party”, and collectively, the “Parties”).
Form of Engagement and Indemnification AgreementEngagement and Indemnification Agreement • February 6th, 2017 • Marcato Capital Management Lp • Retail-eating places • New York
ENGAGEMENT AND INDEMNIFICATION AGREEMENT, dated as of January 31, 2017 (this “Agreement”), by and between Marcato Capital Management, LP on behalf of the funds it advises (“Marcato”) and [●] (“Nominee”).
LOAN AGREEMENT Dated as of June 28, 2013 Among 111 WEST 57TH LH LLC and 111 WEST 57TH FE LLC collectively, as Borrower And ANNALY CRE LLC as LenderLoan Agreement • August 13th, 2013 • Ambase Corp • Operators of nonresidential buildings • New York
