Limited Waiver and Consent Sample Contracts
EXHIBIT 4.1 LIMITED WAIVER AND CONSENT THIS LIMITED WAIVER AND CONSENT (this "Waiver"), is entered into as of March 25, 2003, by Coca-Cola Bottling Co. Consolidated, a Delaware corporation (the "Borrower"), General Electric Capital Corporation, as...Limited Waiver and Consent • May 12th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • New York
ContractLimited Waiver and Consent • June 30th, 2023 • Bright Health Group Inc. • Hospital & medical service plans • New York
SECOND AMENDED AND RESTATED LIMITED WAIVER AND CONSENT dated as of June 29, 2023 (this “Waiver”), among BRIGHT HEALTH GROUP, INC. (the “Company”), the other LOAN PARTIES party hereto, the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the “Administrative Agent”).
LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTSLimited Waiver and Consent • March 12th, 2024 • Astra Space, Inc. • Transportation services
This LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS (this “Agreement”), dated as of March 7, 2024 (the “Effective Date”), is entered into by and among ASTRA SPACE, INC., a Delaware corporation (“Astra”), each of the Subsidiaries of Astra (together with Astra, collectively, the “Note Parties”), and each of the Holders (together with their successors and assigns, each individually, a “Holder” and collectively, the “Holders”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings ascribed thereto in the Notes, the Warrants or the Purchase Agreement, as applicable (each as defined below).
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • March 28th, 2025 • Fusion Fuel Green PLC • Electrical industrial apparatus
This LIMITED WAIVER AND CONSENT, dated as of March 17, 2025 (this “Waiver and Consent”), is entered into by and between Fusion Fuel Green PLC, an Irish public limited company (the “Company”), and Keystone Capital Partners, LLC, a Delaware limited liability company (“Keystone”). Each of the Company and Keystone are sometimes referred to in this Agreement individually as a “Party” and, collectively, as the “Parties”.
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • September 27th, 2024 • Asset Entities Inc. • Services-prepackaged software
This LIMITED WAIVER AND CONSENT, dated as of September 26, 2024 (this “Waiver and Consent”), is entered into by and between Asset Entities Inc. (the “Company”), a Nevada corporation, and Boustead Securities, LLC, a California limited liability company (“Boustead”). Each of the Company and Boustead are sometimes referred to in this Agreement individually as a “Party” and, collectively, as the “Parties.”
Re: Limited Waiver and Consent with Respect to Credit AgreementLimited Waiver and Consent • August 4th, 2025 • Lazydays Holdings, Inc. • Retail-auto dealers & gasoline stations
Reference is made to (i) that certain Second Amended and Restated Credit Agreement, dated as of February 21, 2023 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among LDRV Holdings Corp., a Delaware corporation (the “Borrower Representative”), the Loan Parties party thereto, the lenders from time to time party thereto (each, a “Lender” and collectively, the “Lenders”), and Manufacturers and Traders Trust Company, a New York banking corporation, as Administrative Agent, Swingline Lender and Issuing Bank and (ii) that certain Limited Waiver and Fourth Amendment to Second Amended and Restated Credit Agreement and Consent, dated and effective as of June 12, 2025 (the “Fourth Amendment”), by and among the Borrowers, the Guarantors, the Lenders party thereto, and the Administrative Agent. Capitalized terms used in this letter agreement (this “Agreement”) and not otherwise defined herein shall have the respective meanings gi
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • May 5th, 2005 • Diametrics Medical Inc • Electromedical & electrotherapeutic apparatus
This Limited Waiver and Consent is being signed in connection with the issuance of up to $150,000 in aggregate principal amount of additional convertible notes (the “New Notes”) and related warrants to purchase up to 3,750,000 shares of common stock (the “New Warrants”), to be issued to Mercator Momentum Fund III, L.P., Mercator Momentum Fund, L.P. and Monarch Pointe Fund, Ltd. (together, the “Mercator Funds”) pursuant to the Subscription Agreement as partial funding of the second tranche described therein. The Company and each Noteholder hereby agrees as follows:
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • December 28th, 2018 • Rhino Resource Partners LP • Bituminous coal & lignite surface mining • New York
THIS LIMITED WAIVER AND CONSENT (this “Waiver”) is dated as of December 20, 2018 among RHINO ENERGY LLC, a Delaware limited liability company (“Rhino”), each subsidiary of Rhino listed as a “Borrower” on the signature pages hereto (together with Rhino, each a “Borrower” and collectively, the “Borrowers”), the lenders who constitute “Required Lenders” under the Financing Agreement and listed as a “Required Lender” on the signature pages hereto (the “Required Lenders”) and CORTLAND CAPITAL MARKET SERVICES LLC, as collateral agent for the lenders (in such capacity, the “Collateral Agent”) and CORTLAND CAPITAL MARKET SERVICES LLC, as administrative agent for the lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
Limited WAIVER AND CONSENTLimited Waiver and Consent • November 2nd, 2022 • Marizyme Inc • Pharmaceutical preparations
This LIMITED WAIVER AND CONSENT (this “Limited Waiver and Consent”) is made and entered into as of [ ], 2022 by and between Marizyme, Inc., a Nevada corporation (the “Company”) and [ ], an entity (the “Investor”).
LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTSLimited Waiver and Consent • March 12th, 2024 • SherpaVentures Fund II, LP • Transportation services
This LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS (this “Agreement”), dated as of March 7, 2024 (the “Effective Date”), is entered into by and among ASTRA SPACE, INC., a Delaware corporation (“Astra”), each of the Subsidiaries of Astra (together with Astra, collectively, the “Note Parties”), and each of the Holders (together with their successors and assigns, each individually, a “Holder” and collectively, the “Holders”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings ascribed thereto in the Notes, the Warrants or the Purchase Agreement, as applicable (each as defined below).
ContractLimited Waiver and Consent • March 1st, 2023 • Bright Health Group Inc. • Hospital & medical service plans • New York
LIMITED WAIVER AND CONSENT dated as of February 28, 2023 (this “Waiver”), among BRIGHT HEALTH GROUP, INC. (the “Company”), the other LOAN Parties party hereto, and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the “Administrative Agent”).
Re: Amended and Restated Limited Waiver and Consent with Respect to Credit AgreementLimited Waiver and Consent • September 16th, 2025 • Lazydays Holdings, Inc. • Retail-auto dealers & gasoline stations
Reference is made to (i) that certain Second Amended and Restated Credit Agreement, dated as of February 21, 2023 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among LDRV Holdings Corp., a Delaware corporation (the “Borrower Representative”), the Loan Parties party thereto, the lenders from time to time party thereto (each, a “Lender” and collectively, the “Lenders”), and Manufacturers and Traders Trust Company, a New York banking corporation, as Administrative Agent, Swingline Lender and Issuing Bank, (ii) that certain Limited Waiver and Fourth Amendment to Second Amended and Restated Credit Agreement and Consent, dated and effective as of June 12, 2025 (the “Fourth Amendment”), and (iii) that certain letter agreement, dated and effective as of July 31, 2025 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Limited Waiver”), by and among the Borrowers, the Guarantors, the Lende
ContractLimited Waiver and Consent • August 7th, 2023 • Bright Health Group Inc. • Hospital & medical service plans • New York
THIRD AMENDED AND RESTATED LIMITED WAIVER AND CONSENT dated as of August 4, 2023 (this “Waiver”), among BRIGHT HEALTH GROUP, INC. (the “Company”), the other LOAN PARTIES party hereto, the LENDERS party hereto (which constitute all the Lenders and Issuing Banks under the Credit Agreement (as defined below) as of the date hereof) and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the “Administrative Agent”).
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • May 10th, 2005 • Magnum Hunter Resources Inc • Crude petroleum & natural gas
This Limited Waiver and Consent (this “Waiver”) dated as of March 3, 2005, is by and among MAGNUM HUNTER RESOURCES, INC., a Nevada corporation (the “Borrower”), each of the Banks (as defined in the Credit Agreement referred to below) party hereto, and DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), individually, as administrative agent (the “Administrative Agent”).
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • November 20th, 2008 • Lenox Group Inc • Pottery & related products • New York
LIMITED WAIVER AND CONSENT, dated as of November 15, 2008 (this “Waiver”), with respect to the Amended and Restated Term Loan Credit Agreement, dated as of April 20, 2007 (as amended, restated or otherwise modified from time to time, the “Credit Agreement”), by and among D 56, Inc., a Minnesota corporation (“D56”), Lenox Retail, Inc., a Minnesota corporation (“Lenox Retail”), Lenox, Incorporated, a New Jersey corporation (“Lenox”, and together with D56 and Lenox Retail, each a ”Borrower” and collectively, the “Borrowers”), the guarantors party thereto as guarantors, the financial institutions from time to time party thereto as lenders (each a “Lender” and collectively, the ”Lenders”), UBS AG, Stamford Branch, as the administrative agent and collateral agent for the Lenders (in such capacity, the ”Agent”), and UBS Securities LLC as the sole arranger and syndication agent.
LIMITED WAIVER AND CONSENT RECITALS:Limited Waiver and Consent • November 8th, 2010 • Clean Energy Fuels Corp. • Gas & other services combined
Reference is made to that certain Credit Agreement dated as of August 15, 2008 (as heretofore amended or supplemented, the “Agreement”), among Clean Energy Fuels Corp., a Delaware corporation (“CEF”), Clean Energy, a California corporation (“Clean Energy”; CEF and Clean Energy referred to herein collectively as the “Borrowers”), and PlainsCapital Bank, a Texas state chartered bank (“Lender”). Terms used and not defined herein shall have the meanings given them in the Agreement.
LIMITED WAIVER AND CONSENT RECITALS:Limited Waiver and Consent • February 29th, 2008 • Chesapeake Energy Corp • Crude petroleum & natural gas
Reference is made to that certain Seventh Amended and Restated Credit Agreement dated as of November 2, 2007 (the “Agreement”), among Chesapeake Energy Corporation (“CEC”), Chesapeake Exploration, L.L.C. (“Chesapeake Exploration”) and Chesapeake Appalachia, L.L.C. (“Chesapeake Appalachia”, and together with Chesapeake Exploration, collectively, “Borrowers”), Union Bank of California, N.A., as Administrative Agents (“Agent”), the other agents named therein and the Lenders from time to time parties thereto (“Lenders”). Terms used and not defined herein shall have the meanings given them in the Agreement.
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • March 27th, 2023 • Nogin, Inc. • Services-business services, nec • New York
Reference is made to (i) that certain Indenture (the “Indenture”), dated as of August 26, 2022, by and among the Company, the Guarantors, the Trustee and the Collateral Agent and (ii) that certain Warrant Agreement, dated as of August 26, 2022 (the “Warrant Agreement”), by and between the Company and Continental Stock Transfer & Trust Company, as warrant agent (the “Warrant Agent”).
LIMITED WAIVER AND CONSENTLimited Waiver and Consent • May 5th, 2016 • Diodes Inc /Del/ • Semiconductors & related devices • New York
THIS LIMITED WAIVER AND CONSENT dated as of May 2, 2016 (this “Agreement”) is entered into among DIODES INCORPORATED, a Delaware corporation (the “Domestic Borrower”), DIODES INTERNATIONAL B.V., a besloten vennootschap met beperkte aansprakelijkheid organized under the laws of the Netherlands, having its statutory seat in Amsterdam, the Netherlands and registered with the trade register of the Chambers of Commerce in the Netherlands under number 34274981 (the “Foreign Borrower” and together with the Domestic Borrower, the “Borrowers” and each, individually, a “Borrower”), certain Subsidiaries of the Domestic Borrower identified on the signature pages hereto as guarantors (the “Subsidiary Guarantors”), the Lenders identified on the signature pages hereto and Bank of America, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
Re: Limited Waiver and Consent with Respect to Credit Agreement Ladies and Gentlemen:Limited Waiver and Consent • March 28th, 2025 • Lazydays Holdings, Inc. • Retail-auto dealers & gasoline stations
Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of February 21, 2023 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among LDRV Holdings Corp., a Delaware corporation (the “Borrower Representative”), each of the other Loan Parties party thereto, the lenders from time to time party thereto (each, a “Lender” and collectively, the “Lenders”), and Manufacturers and Traders Trust Company, a New York banking corporation, as Administrative Agent, Swingline Lender and Issuing Bank. Capitalized terms used in this letter agreement (this “Agreement”) and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.