Limited Waiver and Amendment Agreement Sample Contracts

LIMITED WAIVER AND AMENDMENT AGREEMENT
Limited Waiver and Amendment Agreement • April 5th, 2013 • Tower Group International, Ltd. • Fire, marine & casualty insurance

THIS LIMITED WAIVER AND AMENDMENT AGREEMENT, dated as of March 3, 2013 (this “Agreement”) is between Tower Group, Inc., a Delaware corporation (the “Borrower”), each lender party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of America, N.A., as Administrative Agent, Fronting Bank and L/C Administrator (“Bank of America”).

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LIMITED WAIVER AND AMENDMENT AGREEMENT
Limited Waiver and Amendment Agreement • April 6th, 2021 • iFresh Inc • Retail-grocery stores

This Limited Waiver and Amendment Agreement (this “Agreement”), dated as of March 31, 2021 (the “Effective Date”), is entered into by and among NYM Holding, Inc., a Delaware corporation (the “Borrower”), iFresh, Inc., a Delaware corporation (“iFresh”), New York Mart 8 Ave., Inc., a New York corporation (“NYM8”), New York Mart East Broadway Inc., a New York corporation (“NYM E. Broadway”), New York Supermarket East Broadway Inc., a New York corporation (“NYS E. Broadway”), New York Mart Group Inc., a New York corporation (“NYMG”), Ming’s Supermarket, Inc., a Massachusetts corporation (“Ming’s”), New York Mart Mott St., Inc., a New York corporation (“Mott”), New York Mart Roosevelt, Inc., a New York corporation (“Roosevelt”), New York Mart Sunrise, Inc., a Florida corporation (“Sunrise”), Zen Mkt Quincy, Inc., a Massachusetts corporation (“Zen”), Strong America Limited, a New York corporation (“Strong America”), iFresh E. Colonial Inc., a Florida corporation (“E Colonial”), iFresh Glen C

LIMITED WAIVER AND AMENDMENT AGREEMENT COMMON STOCK, PRE-FUNDED WARRANTS AND COMMON STOCK WARRANTS
Limited Waiver and Amendment Agreement • June 7th, 2023 • Allarity Therapeutics, Inc. • Pharmaceutical preparations

This Limited Waiver and Amendment Agreement (the “Agreement”) dated and to be effective as of June 6, 2023, is made by and between Allarity Therapeutics, Inc., a Delaware corporation (the “Company”), and 3i, L.P., a Delaware limited partnership (the “Investor”). The Company and the Investor may also each be referred to herein, individually as a “Party” and collectively as the “Parties.” Unless otherwise defined in this Agreement, capitalized terms have the same meaning as defined in the Company’s Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock, as amended (the “Series A COD”), the Securities Purchase Agreement by and between the Parties dated May 20, 2021 (the “2021 SPA”), the Registration Rights Agreement by and between the Parties dated May 20, 2021, as amended on April 20, 2023 (the “2021 RRA” and together with the Series A COD and the 2021 SPA, the “PIPE Documents”), the Modification and Exchange Agreement by and between the

LIMITED WAIVER AND AMENDMENT AGREEMENT
Limited Waiver and Amendment Agreement • March 23rd, 2017 • RiceBran Technologies • Grain mill products • New York

This Limited Waiver and Amendment Agreement ("Agreement") is made and entered into as of November 21, 2016 (“Effective Date”), among RiceBran Technologies, a California corporation (“Borrower”), NutraCea, LLC (“NutraCea”), Rice Rx, LLC (“Rice”), Rice Science LLC (“Rice Science”), SRB-MERM, LLC (“MERM”), SRB-LC, LLC (“LC”), SRB-MT, LLC (“MT”), SRB-WS, LLC (“WS”) SRB-IP, LLC (“IP”), each of the foregoing a Delaware limited liability company, Healthy Natural, Inc., a Nevada corporation (“H&N”), The RiceX Company, a Delaware corporation, (“RiceX”) and RiceX Nutrients, Inc., a Montana corporation (“Nutrients,” and together with NutraCea, Rice, Rice Science, MERM, LC, MT, WS, IP, H&N and RiceX, each a “Guarantor” and collectively, the “Guarantors”, and Borrower and Guarantors are collectively referred to as the “Grantors”) and Great Elm Capital Corp. (successor by merger to Full Circle Capital Corporation), a Maryland corporation ("Agent" and a “Lender”).

LIMITED WAIVER AND AMENDMENT AGREEMENT COMMON STOCK, PRE-FUNDED WARRANTS AND COMMON STOCK WARRANTS
Limited Waiver and Amendment Agreement • June 7th, 2023 • Allarity Therapeutics, Inc. • Pharmaceutical preparations

This Limited Waiver and Amendment Agreement (the “Agreement”) dated and to be effective as of June [●], 2023, is made by and between Allarity Therapeutics, Inc., a Delaware corporation (the “Company”), and [●], a [●] [corporation] (the “Investor”). The Company and the Investor may also each be referred to herein, individually as a “Party” and collectively as the “Parties.” Unless otherwise defined in this Agreement, capitalized terms have the same meaning as defined in the Securities Purchase Agreement by and between the Parties dated April 19, 2023 (the “SPA”), the common stock purchase warrants issued to the Investor on April 21, 2023 (the “Warrants”, and together with the SPA, the “Investor Documents”).

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