LIMITED WAIVERLimited Waiver • October 27th, 2005 • Atlas Air Worldwide Holdings Inc • Air transportation, nonscheduled
LIMITED WAIVERLimited Waiver • August 25th, 2016 • Sunlink Health Systems Inc • Services-general medical & surgical hospitals, nec • Oklahoma
THIS LIMITED WAIVER (this “Waiver”) is date August 10, 2016, among Southern Health Corporation of Houston, Inc., a Georgia corporation (“Borrower”), Crown Healthcare Investments, LLC, a Georgia limited liability company (f/k/a MedCare South, LLC) (“Crown”), SunLink Health Systems, Inc., an Ohio corporation (“SunLink” and, together with Crown, “Guarantors”) and Bank SNB, an Oklahoma banking corporation (successor by conversion to Bank SNB, National Association) (“Lender”).
LIMITED WAIVERLimited Waiver • February 12th, 2013 • InfuSystem Holdings, Inc • Surgical & medical instruments & apparatus
Reference is made to the Settlement Agreement (the “Settlement Agreement”), dated as of April 24, 2012, by and among InfuSystem Holdings, Inc. (the “Company”), the investors who were signatories thereto (the “Investors”), David Dreyer and Wayne Yetter (each as Company Nominees; here, the “Unaffiliated Directors”), the directors who resigned from the Company’s board of directors (the “Board”) on April 24, 2012, and the directors who were appointed to the Board on April 24, 2012.
LIMITED WAIVERLimited Waiver • April 6th, 2009 • Visteon Corp • Motor vehicle parts & accessories • New York
LIMITED WAIVER, dated as of March 31, 2009 (the “Waiver”), to the Amended and Restated Credit Agreement, dated as of April 10, 2007 (as amended, supplemented or otherwise modified, the “Credit Agreement”), among Visteon Corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), Credit Suisse Securities (USA) LLC and Sumitomo Mitsui Banking Corporation, as co-documentation agents, Citicorp USA, Inc., as syndication agent, JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”), and J.P. Morgan Securities Inc. and Citigroup Global Markets Inc. as joint lead arrangers and joint bookrunners. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
LIMITED WAIVERLimited Waiver • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York
This LIMITED WAIVER (hereinafter referred to as this “Agreement”), dated as of May 15, 2020 (the “Execution Date”), but effective as of the Effective Date (hereinafter defined), is made by and among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto and TORONTO DOMINION (TEXAS) LLC, as administrative agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Agreement have the meanings assigned to such terms in the Credit Agreement (as defined below).
LIMITED WAIVERLimited Waiver • October 6th, 2014 • Orthofix International N V • Surgical & medical instruments & apparatus • New York
Limited Waiver, dated as of September 30, 2014 (this “Limited Waiver”), to the Credit Agreement, dated as of August 30, 2010, as amended by the First Amendment dated as of May 4, 2011 (as further amended, modified, restated and supplemented through the date hereof, and as waived pursuant to, and subject to the provisions of, that certain Consent, dated as of April 23, 2012, that certain Limited Waiver, dated as of June 27, 2013, that certain Limited Waiver, dated as of August 14, 2013 and that certain Limited Waiver, dated as of August 14, 2014, the “Credit Agreement”), among Orthofix Holdings, Inc., a Delaware corporation (the “Borrower”), Orthofix International N.V., a Curacao company (the “Company”), those Domestic Subsidiaries of the Company identified as a “Guarantor” on the signature pages thereto and such other Domestic Subsidiaries of the Company as may from time to time become a party thereto, the several banks and other financial institutions parties thereto (collectively, th
LIMITED WAIVERLimited Waiver • March 23rd, 2023 • Masimo Corp • Electromedical & electrotherapeutic apparatus
Reference is hereby made to that certain Amended and Restated Employment Agreement, dated as of November 4, 2015, as amended by the First Amendment thereto dated July 27, 2017 and the Second Amendment thereto dated January 14, 2022 (such agreement, as amended, the “Employment Agreement”), by and between Masimo Corporation, a Delaware corporation (the “Company”), and Joe Kiani (the “Executive”). Capitalized terms used but not defined in this limited waiver (this “Waiver”) shall have the meanings set forth in the Employment Agreement.
LIMITED WAIVERLimited Waiver • August 18th, 2020 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus
This Limited Waiver, dated July 17, 2020 (this “Agreement”), is to provide for a limited waiver of certain provisions of those certain Engagement Letters dated August 14, 2019 and January 13, 2020 (the “Engagement Letters”), and the Underwriting Agreement dated May 1 2020 (the “Underwriting Agreement”), between Delcath Systems, Inc. (“Delcath”) and ROTH Capital Partners, LLC (“ROTH”). Delcath and ROTH may be referred to herein individually or collectively as the “Parties”. Capitalized terms used but not defined herein shall have the meaning given such terms in the Engagement Letters or the Underwriting Agreement, as the case may be.
LIMITED WAIVER AND CONVERSION AGREEMENTLimited Waiver • May 7th, 2020 • Waitr Holdings Inc. • Services-business services, nec • New York
This LIMITED WAIVER AND CONVERSION AGREEMENT (this “Agreement”) is made as of May 1, 2020 by and among WAITR HOLDINGS INC., a Delaware corporation (the “CA Borrower”), WAITR INC., a Delaware corporation (the “C&G Borrower”), WAITR INTERMEDIATE HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), the LENDERS (as defined herein) and LUXOR CAPITAL GROUP, LP (“Luxor LP”).
Limited WaiverLimited Waiver • December 22nd, 2006 • Acquicor Technology Inc • Blank checks • California
Whereas, Acquicor Technology, Inc., a Delaware corporation (the “Company”), has entered into a Purchase Agreement (the “Purchase Agreement”) dated as of December 18, 2006 with CRT Capital Group LLC and Needham & Company, LLC (the “Initial Purchasers”) pursuant to which the Company intends to issue 8% Senior Convertible Notes Due 2011 (the “Notes”);
LIMITED WAIVERLimited Waiver • November 15th, 2007 • Franklin Credit Management Corp/De/ • Finance services
This Limited Waiver is made and entered into as of November 15, 2007, between The Huntington National Bank, successor by merger to Sky Bank, Franklin Credit Management Corporation, a Delaware corporation (“Borrower”) and each subsidiary of the Borrower listed on the signature pages hereof.
LIMITED WAIVER REGARDING REPURCHASE OF OUTSTANDING SENIOR NOTESLimited Waiver • June 9th, 2005 • Urs Corp /New/ • Services-engineering services • New York
This LIMITED WAIVER (this “Waiver”) is dated as of June 6, 2005 and is entered into by and among URS CORPORATION, a Delaware corporation (“Company”), the FINANCIAL INSTITUTIONS LISTED ON THE SIGNATURE PAGES HEREOF (the “Lenders”), CREDIT SUISSE, Cayman Islands Branch (formerly Credit Suisse First Boston), as administrative agent for Lenders (“Administrative Agent”) and, for purposes of Section 6 hereof, the Loan Parties other than Company listed on the signature pages hereof (the “Subsidiary Guarantors”) and is made with reference to that certain Credit Agreement dated as of August 22, 2002, as amended by that certain First Amendment to Credit Agreement dated as of January 30, 2003, that certain Second Amendment to Credit Agreement dated as of November 6, 2003, that certain Third Amendment to Credit Agreement dated as of December 16, 2003, that certain Fourth Amendment to Credit Agreement dated as of March 29, 2004, that certain Fifth Amendment to Credit Agreement dated as of June 4, 2
LIMITED WAIVERLimited Waiver • May 18th, 2005 • Impco Technologies Inc • Motor vehicle parts & accessories
This LIMITED WAIVER (this “Waiver”), dated May 9, 2005, by and among LASALLE BUSINESS CREDIT, LLC, a Delaware limited liability company (“LaSalle”), with its principal office at 135 South LaSalle Street, Chicago, Illinois 60603, the financial institutions that, from time to time, become a party to the Loan Agreement (hereinafter defined) (such financial institutions, collectively, the “Lenders” and each individually, a “Lender”), LaSalle as agent for the Lenders (in such capacity, the “Agent”), and IMPCO TECHNOLOGIES, INC., a Delaware corporation, with its principal office at 16804 Gridley Place, Cerritos, California 90703 (the “Borrower”).
LIMITED WAIVERLimited Waiver • August 28th, 2020 • Mohegan Tribal Gaming Authority • Hotels & motels
THIS LIMITED WAIVER dated as of May 15, 2020 (the “Limited Waiver”) is granted by Bank of Montreal, as administrative agent (the “Administrative Agent”), on behalf of and at the direction of the Required Lenders in favour of MGE Niagara Entertainment Inc. (the “Borrower”).
LIMITED WAIVERLimited Waiver • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York
This LIMITED WAIVER (hereinafter referred to as this “Agreement”), dated as of May 15, 2020 (the “Execution Date”), but effective as of the Effective Date (hereinafter defined), is made by and among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto, the LENDERS party hereto, and MORGAN STANLEY CAPITAL ADMINISTRATORS INC., as administrative agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Agreement have the meanings assigned to such terms in the Credit Agreement (as defined below).
LIMITED WAIVERLimited Waiver • March 16th, 2009 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
This LIMITED WAIVER (this “Agreement”), effective as of March 12, 2009, is entered into by and among Asbury Automotive Group, Inc. (the “Borrower”), each of the subsidiaries of the Borrower listed on the signature pages hereof (the “Guarantors”), each of the Lenders listed on the signature pages hereof (the “Lenders”), JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders (the “Agent”).
LIMITED WAIVERLimited Waiver • August 4th, 2016 • Seventy Seven Energy Inc. • Oil & gas field services, nec • New York
This Limited Waiver (this “Limited Waiver”) dated as of August 1, 2016 is entered into by and among Seventy Seven Operating LLC, an Oklahoma limited liability company (the “Borrower”), Seventy Seven Energy Inc., a Delaware corporation formerly known as Chesapeake Oilfield Operating, L.L.C. (the “Parent”), the other Loan Parties party hereto, the Tranche A Incremental Term Loan Lenders signatory hereto, and Wilmington Trust, National Association, in its capacity as successor administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
LIMITED WAIVERLimited Waiver • April 3rd, 2006 • Impco Technologies Inc • Motor vehicle parts & accessories
This LIMITED WAIVER (this “Waiver”), dated March 28, 2006, by and among LASALLE BUSINESS CREDIT, LLC, a Delaware limited liability company (“LaSalle”), with its principal office at 135 South LaSalle Street, Chicago, Illinois 60603, the financial institutions that, from time to time, become a party to the Loan Agreement (hereinafter defined) (such financial institutions, collectively, the “Lenders” and each individually, a “Lender”), LaSalle as agent for the Lenders (in such capacity, the “Agent”), and IMPCO TECHNOLOGIES, INC., a Delaware corporation, with its principal office at 16804 Gridley Place, Cerritos, California 90703 (the “Borrower”).
LIMITED WAIVERLimited Waiver • February 24th, 2011 • Quicksilver Resources Inc • Crude petroleum & natural gas • New York
LIMITED WAIVER (this “Waiver”) dated as of February 23, 2011 of certain provisions of that certain letter agreement dated as of October 26, 2010 (the “Confidentiality Agreement”) by and between Quicksilver Resources Inc. (the “Company”) and SPO Partners II, L.P. (“SPO”).
LIMITED WAIVERLimited Waiver • September 9th, 2020 • Urban Outfitters Inc • Retail-family clothing stores • New York
This LIMITED WAIVER (this “Agreement”) dated as of August 13, 2020 is by and among URBAN OUTFITTERS, INC., a Pennsylvania corporation (the “Urban Outfitters”), URBN Canada Retail, Inc., a British Columbia company (“URBN Canada” and together with Urban Outfitters and their Subsidiaries, the “Company”), the Subsidiary Borrowers and other Loan Parties listed on the signature pages hereof, the Lenders listed on the signature pages hereof, and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”) under that certain Amended and Restated Credit Agreement dated as of June 29, 2018 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among the Company, the Subsidiary Borrowers, the other Loan Parties party thereto, the Lenders party thereto and the Administrative Agent.
SECOND LETTER AMENDMENT AND LIMITED WAIVERLimited Waiver • October 24th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Maryland
LIMITED WAIVERLimited Waiver • March 29th, 2023 • Dragonfly Energy Holdings Corp. • Miscellaneous electrical machinery, equipment & supplies
This LIMITED WAIVER (this “Waiver”) is made as of March 29, 2023, by and among DRAGONFLY ENERGY CORP. (“Borrower”), DRAGONFLY ENERGY HOLDINGS CORP. (F/K/A CHARDAN NEXTECH ACQUISITION 2 CORP) (“Holdings”), the Lenders signatory hereto (the “Required Lenders”), and ALTER DOMUS (US) LLC, as agent on behalf of the Lenders under the Loan Agreement (as hereinafter defined) (in such capacity, the “Agent”).
AMENDMENT TO LIMITED WAIVERLimited Waiver • July 27th, 2010 • First Chester County Corp • National commercial banks • Pennsylvania
This Amendment to Limited Waiver (this “Amendment”), is made as of July 26, 2010 (the “Effective Date”), by and between FIRST CHESTER COUNTY CORPORATION, a Pennsylvania corporation (“Borrower”) and GRAYSTONE TOWER BANK, a Pennsylvania chartered bank (“Lender”). Unless otherwise set forth herein, all capitalized terms used herein shall have the meaning given such terms in the Loan Documents (defined below).
WAIVERLimited Waiver • November 23rd, 2022 • Consolidated Communications Holdings, Inc. • Telephone communications (no radiotelephone) • Delaware
This limited waiver (this “Waiver”), dated as of November 22, 2022 is made by Searchlight III CVL, L.P., a Delaware limited partnership (“Searchlight”), as the holder of all of the issued and outstanding shares of Series A Perpetual Preferred Stock (the “Preferred Stock”) of Consolidated Communications Holdings, Inc. (the “Company”), subject to the terms and conditions set forth below. Unless otherwise specified, capitalized terms used but not defined herein have the respective meanings set forth in the Certificate of Designations for the Preferred Stock (the “Certificate of Designations”).
ContractLimited Waiver • April 17th, 2015 • Polymer Group Inc • Broadwoven fabric mills, man made fiber & silk
AMENDMENT NO. 2 AND LIMITED WAIVER, dated as of April 17, 2015 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 5, 2012 (as amended by Amendment No. 1, dated as of October 22, 2013, and as further amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among POLYMER GROUP, INC., a Delaware corporation (the “Lead Borrower”), SCORPIO ACQUISITION CORPORATION, a Delaware corporation (“Holdings”), CITIBANK, N.A., as administrative agent and collateral agent (the “Administrative Agent”), the other agents listed therein and each lender from time to time party thereto (collectively, the “Lenders”).
6024628]] LIMITED WAIVER This Limited Waiver, dated as of March 1, 2023 (this “Waiver”), is entered into by and among ISOPLEXIS CORPORATION, a Delaware corporation (the “Borrower”), the Lenders party hereto constituting Majority Lenders and Perceptive...Limited Waiver • March 2nd, 2023 • IsoPlexis Corp • Laboratory analytical instruments • New York
LIMITED WAIVER LIMITED WAIVER (this "Limited Waiver"), dated as of October 29, 2003, to that certain Guarantee Agreement, dated as of June 28, 2000 (the "Guarantee Agreement"), by and among Elan Corporation, plc (the "Guarantor") and the Purchasers....Limited Waiver • November 5th, 2003 • Elan Corp PLC • Pharmaceutical preparations • New York
LIMITED WAIVERLimited Waiver • June 6th, 2023 • Masimo Corp • Electromedical & electrotherapeutic apparatus
Reference is hereby made to that certain Amended and Restated Employment Agreement, dated as of November 4, 2015, as amended by the First Amendment thereto dated July 27, 2017 and the Second Amendment thereto dated January 14, 2022 (such agreement, as amended, the “Employment Agreement”), by and between Masimo Corporation, a Delaware corporation (the “Company”), and Joe Kiani (the “Executive”). Capitalized terms used but not defined in this limited waiver (this “Waiver”) shall have the meanings set forth in the Employment Agreement.
LIMITED WAIVERLimited Waiver • February 24th, 2011 • Quicksilver Resources Inc • Crude petroleum & natural gas • New York
LIMITED WAIVER (this “Waiver”) dated as of February 23, 2011 of certain provisions of that certain letter agreement dated as of October 24, 2010 (the “Confidentiality Agreement”) by and between Quicksilver Resources Inc. (the “Company”) and Quicksilver Energy L.P. (“Quicksilver Energy”).
LIMITED WAIVERLimited Waiver • December 11th, 2020 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York
This LIMITED WAIVER (this “Waiver”), dated as of December 10, 2020, is entered into by and among NEOS THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), NEOS THERAPEUTICS COMMERCIAL, LLC, a Delaware limited liability company (“Commercial”), NEOS THERAPEUTICS BRANDS, LLC, a Delaware limited liability company (“Brands”), NEOS THERAPEUTICS, LP, a Texas limited partnership (“Neos LP”), and PHARMAFAB TEXAS, LLC, a Texas limited liability company (“PharmaFab”, together with Commercial, Brands and Neos LP, each individually a “Guarantor”, and collectively, the “Guarantors”), DEERFIELD PRIVATE DESIGN FUND III, L.P. (“DP3”) and DEERFIELD PARTNERS, L.P. (“DP”; and together with DP3, collectively, the “Lenders” and each, a “Lender”) and DEERFIELD MGMT, L.P., as collateral agent for itself, the Lenders and the other Secured Parties (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”).
SUPPLEMENT TO LIMITED WAIVERLimited Waiver • May 1st, 2009 • Grubb & Ellis Co • Real estate agents & managers (for others)
GRUBB & ELLIS MANAGEMENT SERVICES OF MICHIGAN, INC. By: /s/ Richard W. Pehlke Name: Richard W. Pehlke Title: Chief Financial Officer
LIMITED WAIVERLimited Waiver • May 6th, 2010 • First Chester County Corp • National commercial banks • Pennsylvania
This Limited Waiver (this “Waiver”) is made as of May 5, 2010 (the “Effective Date”), by and between FIRST CHESTER COUNTY CORPORATION, a Pennsylvania corporation (“Borrower”) and GRAYSTONE TOWER BANK, a Pennsylvania chartered bank (“Lender”). Unless otherwise set forth herein, all capitalized terms used herein shall have the meaning given such terms in the Loan Documents (defined below).
LIMITED WAIVERLimited Waiver • October 22nd, 2009 • Banctec Inc • Computer peripheral equipment, nec • New York
This LIMITED WAIVER (this “Limited Waiver”) is being entered into as of October 15, 2009, among BANCTEC, INC., a Delaware corporation (“Borrower”), the other Persons party thereto that are designated as a “Credit Party”, the Lenders party thereto from time to time and GENERAL ELECTRIC CAPITAL CORPORATION, as Agent (in such capacity, “Agent”).
EXHIBIT FLimited Waiver • June 30th, 2016 • New York
This Limited Waiver (this “Limited Waiver”) dated as of [ ], 2016 is entered into by and among Seventy Seven Operating LLC, an Oklahoma limited liability company (the “Borrower”), Seventy Seven Energy Inc., [a Delaware] corporation formerly known as Chesapeake Oilfield Operating, L.L.C. (the “Parent”), the Tranche A Incremental Term Loan Lenders signatory hereto, and Wilmington Trust, National Association, in its capacity as successor administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
Limited WaiverLimited Waiver • March 1st, 2024 • Biodesix Inc • Services-medical laboratories • New York
This Limited Waiver, dated as of February 14, 2024 (this “Waiver”), is entered into by and among BIODESIX, INC., a Delaware corporation (the “Borrower”), the Lenders party hereto constituting Majority Lenders and PERCEPTIVE CREDIT HOLDINGS IV, LP, a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
