Ratification And Amendment Agreement Sample Contracts

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Everyware Global Inc – Ratification and Amendment Agreement (April 14th, 2015)

This RATIFICATION AND AMENDMENT AGREEMENT (the Ratification Agreement), dated as of April 9, 2015, is by and among Wells Fargo Bank, National Association, a national banking association, in its capacity as administrative agent acting for and on behalf of the parties to the Loan Agreement (as defined below) as lenders (in such capacity, Administrative Agent) and its capacity as collateral agent acting on behalf of the parties to the Loan Agreement as Lenders and the other Secured Parties, in such capacity, the Collateral Agent, sometimes the Collateral Agent and Administrative Agent are referred to herein, collectively, as the Agent), the parties to the Loan Agreement as lenders (each individually, a Lender and collectively, Lenders), Oneida Ltd., a Delaware corporation, as Debtor and Debtor-in-Possession (the Oneida), Anchor Hocking, LLC, a Delaware limited liability company, as Debtor and Debtor-in-Possession (Anchor, and together with Oneida, each, individually a Borrower and collect

Broadview Networks Holdings Inc – Ratification and Amendment Agreement (March 29th, 2013)

This RATIFICATION AND AMENDMENT AGREEMENT (the Ratification Agreement) dated as of August 23, 2012, is by and among THE CIT GROUP/BUSINESS CREDIT, INC. (CIT), in its capacity as administrative agent for the Lenders (in such capacity, the Administrative Agent) acting for and on behalf of the various financial institutions and other Persons from time to time party to the DIP Credit Agreement (as defined below) as lenders (collectively with the Administrative Agent, the Lenders), BROADVIEW NETWORKS HOLDINGS, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Holdings), BROADVIEW NETWORKS, INC., a New York corporation, as Debtor and Debtor-in-Possession (Broadview Networks). BROADVIEW NETWORKS OF MASSACHUSETTS, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Broadview MA), BROADVIEW NETWORKS OF VIRGINIA, INC., a Virginia corporation, as Debtor and Debtor-in-Possession (Broadview VA), BRIDGECOM INTERNATIONAL, INC., a Delaware corporation, as Debtor and Debto

RoomStore – Ratification and Amendment Agreement (February 16th, 2012)

This RATIFICATION AND AMENDMENT AGREEMENT (this Ratification Agreement), dated as of December 15, 2011, is by and among Wells Fargo Bank, N.A., in its capacity as agent (in such capacity, Agent) acting for and on behalf of the financial institutions from time to time party to the Loan Agreement (as defined below) as lenders (collectively with Agent, the Lenders), the Lenders, RoomStore Inc., a Virginia corporation, as Debtor and Debtor-in-Possession (Borrower or Debtor), and Mattress Discounters Group, LLC, a Virginia limited liability company (Guarantor).

Gs Cleantech – Ratification and Amendment Agreement (June 21st, 2010)

This Ratification and Amendment Agreement (the "Agreement") is made as of June __, 2010 by and among certain parties listed on Schedule 1 attached hereto (collectively, the "Obligors"), and YA Global Investments, L.P. (the "Secured Party") in consideration of the mutual covenants herein contained and benefits to be derived herefrom.

American Biltrite Inc. – Amendment No. 13 to Ratification and Amendment Agreement and Amendment No. 15 to Loan and Security Agreement (March 31st, 2010)

AMENDMENT NO. 13 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 15 TO LOAN AND SECURITY AGREEMENT, dated as of December 7, 2009 (this "Thirteenth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

Congoleum Corporation – Amendment No. 13 to Ratification and Amendment Agreement and Amendment No. 15 to Loan and Security Agreement (March 19th, 2010)

AMENDMENT NO. 13 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 15 TO LOAN AND SECURITY AGREEMENT, dated as of December 7, 2009 (this "Thirteenth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

Applied Natural Gas Fuels, Inc. – Ratification and Amendment Agreement (November 20th, 2009)

RATIFICATION AND AMENDMENT AGREEMENT (the "Ratification Agreement") dated as of _________ 2009, by and among Applied LNG Technologies USA, L.L.C., a Delaware Limited Liability Company, and Arizona LNG, L.L.C., A Nevada Limited Liability Company, as Debtors and Debtors-in-Possession ("Applied LNG") and ("Arizona LNG") each individually, a "Debtor" and collectively, the "Debtors") and GREENFIELD COMMERCIAL CREDIT, LLC (hereinafter referred to as "Lender").

Congoleum Corporation – Amendment No. 12 to Ratification and Amendment Agreement and Amendment No. 14 to Loan and Security Agreement (August 13th, 2009)

AMENDMENT NO. 12 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 14 TO LOAN AND SECURITY AGREEMENT, dated as of June 9, 2009 (this "Twelfth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

American Biltrite Inc. – Amendment No. 12 to Ratification and Amendment Agreement and Amendment No. 14 to Loan and Security Agreement (August 13th, 2009)

AMENDMENT NO. 12 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 14 TO LOAN AND SECURITY AGREEMENT, dated as of June 9, 2009 (this "Twelfth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

American Biltrite Inc. – Amendment No. 11 to Ratification and Amendment Agreement and Amendment No. 13 to Loan and Security Agreement (March 30th, 2009)

AMENDMENT NO. 11 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 13 TO LOAN AND SECURITY AGREEMENT, dated as of March 16, 2009 (this "Eleventh Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

Congoleum Corporation – Amendment No. 11 to Ratification and Amendment Agreement and Amendment No. 13 to Loan and Security Agreement (March 30th, 2009)

AMENDMENT NO. 11 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 13 TO LOAN AND SECURITY AGREEMENT, dated as of March 16, 2009 (this "Eleventh Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

Congoleum Corporation – Amendment No. 9 to Ratification and Amendment Agreement and Amendment No. 11 to Loan and Security Agreement (March 30th, 2009)

AMENDMENT NO. 9 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 11 TO LOAN AND SECURITY AGREEMENT, dated as of June 4, 2008 (this "Ninth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

American Biltrite Inc. – Amendment No. 10 to Ratification and Amendment Agreement and Amendment No. 12 to Loan and Security Agreement (March 30th, 2009)

AMENDMENT NO. 10 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 12 TO LOAN AND SECURITY AGREEMENT, dated as of October 6, 2008 (this "Tenth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

American Biltrite Inc. – Amendment No. 9 to Ratification and Amendment Agreement and Amendment No. 11 to Loan and Security Agreement (March 30th, 2009)

AMENDMENT NO. 9 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 11 TO LOAN AND SECURITY AGREEMENT, dated as of June 4, 2008 (this "Ninth Ratification Amendment"), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession ("Borrower"), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession ("CFI"), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession ("CSI" and together with CFI, collectively, "Guarantors" and each individually, a "Guarantor"), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation ("Lender").

Ratification and Amendment Agreement (February 11th, 2009)

This RATIFICATION AND AMENDMENT AGREEMENT (the Ratification Agreement) dated as of February 5, 2009 is by and among Wachovia Bank, National Association (Wachovia), in its capacity as administrative agent (the Administrative Agent) acting for and on behalf of the financial institutions from time to time party to the Existing Credit Agreement (as defined below) as lenders (collectively with Administrative Agent, the Lenders), Wachovia, in its capacity as collateral agent (Collateral Agent; together with the Administrative Agent, collectively, Agent) acting for and on behalf of the Secured Parties (as defined in the Existing ABL Guarantee and Collateral Agreement (as defined below)), Wachovia, in its capacity as Supplemental Loan Lender (as hereinafter defined), Spectrum Brands, Inc., a Wisconsin corporation, as Debtor and Debtor-in-Possession (Borrower), ROV Holding, Inc., a Delaware corporation, as Debtor and Debtor-in Possession (ROV), ROVCAL Inc., a California corporation, as Debtor a

Ratification and Amendment Agreement (January 30th, 2009)

This RATIFICATION AND AMENDMENT AGREEMENT (the "Ratification Agreement") dated as of January 23, 2009, is by and among Wachovia Capital Finance Corporation (Central), in its capacity as agent acting for and on behalf of the parties to the Loan Agreement (as hereinafter defined) as lenders (in such capacity, "Agent"), the parties to the Loan Agreement as lenders (each individually a "Lender" and collectively, "Lenders"), Hartmarx Corporation, a Delaware corporation, as Debtor and Debtor-in-Possession ("US Borrower"), Coppley Apparel Group Limited, an Ontario corporation ("Canadian Borrower"), and together with US Borrower, each individually, a "Borrower" and collectively, "Borrowers"), each of the companies listed on Exhibit A hereto, each as Debtor and Debtor-in-Possession (each, individually, a "Guarantor" and collectively, "Guarantors").

Amendment No. 1 to Ratification and Amendment Agreement and Amendment No. 7 to Loan and Security Agreement (February 19th, 2008)

AMENDMENT NO. 1 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 7 TO LOAN AND SECURITY AGREEMENT, dated as of April 19, 2007 (this First Ratification Amendment), by and among HANCOCK FABRICS, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Parent), HF MERCHANDISING, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Merchandising), HANCOCK FABRICS OF MI, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Fabrics MI), HANCOCKFABRICS.COM, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Fabrics.com), HANCOCK FABRICS, LLC, a Delaware limited liability company, as Debtor and Debtor-in-Possession (Fabrics LLC, and together with Parent, Merchandising, Fabrics MI and Fabrics.com, each individually a Borrower and collectively, Borrowers), HF ENTERPRISES, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Enterprises), HF RESOURCES, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Resource

Ratification and Amendment Agreement (February 19th, 2008)

This RATIFICATION AND AMENDMENT AGREEMENT (this Ratification Agreement), dated as of March ___, 2007, is by and among HANCOCK FABRICS, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Parent), HF MERCHANDISING, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Merchandising), HANCOCK FABRICS OF MI, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Fabrics MI), HANCOCKFABRICS.COM, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Fabrics.com), HANCOCK FABRICS, LLC, a Delaware limited liability company, as Debtor and Debtor-in-Possession (Fabrics LLC, and together with Parent, Merchandising, Fabrics MI and Fabrics.com, each individually a Borrower and collectively, Borrowers), HF ENTERPRISES, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Enterprises), HF RESOURCES, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Resources, and together with Enterprises, each individually a Guarantor and

Trueyou.Com – Reaffirmation, Ratification and Amendment Agreement (May 11th, 2007)

Reference is made to the (a) Securities Purchase Agreement, dated as of June 30, 2006, between TrueYou.com Inc., a Delaware corporation (the Company), in favor of Laurus Master Fund, Ltd., a Cayman Islands company (Laurus) (as amended, modified or supplemented from time to time, the Original SPA), (b) the Subsidiary Guaranty, dated as of June 30, 2006 made by Klinger Advanced Aesthetics, Inc., a Delaware corporation (KAA), Advanced Aesthetics Sub, Inc. a Delaware corporation (AAI), Advanced Aesthetics, LLC, a Delaware limited liability company (AAL), Klinger Advanced Aesthetics, LLC, a Delaware limited liability company (Klinger Advanced), Anushka PBG, LLC, a Delaware limited liability company (Anushka PBG), Anushka Boca LLC, a Delaware limited liability company (Anushka Boca), Wild Hare, LLC, a Delaware limited liability company (Wild Hare), Dischino Corporation, a Florida corporation (Dischino), Anushka PBG Acquisition Sub, LLC, a Delaware limited liability company (Anushka Acquisiti

Delta Woodside Industries – Contract (October 19th, 2006)

Exhibit 10.1 RATIFICATION AND AMENDMENT AGREEMENT ------------------------------------ This RATIFICATION AND AMENDMENT AGREEMENT ("Ratification Agreement") dated as of October 13, 2006, is by and among DELTA MILLS, INC., a Delaware corporation, as Debtor and Debtor-in-Possession ("Borrower"), DELTA MILLS MARKETING, INC., a Delaware corporation, as Debtor and Debtor-in-Possession ("Guarantor" and together with Borrower, each individually, a "Debtor" and collectively, the "Debtors"), the undersigned financial institutions (collectively, the "Lenders" and each individually a "Lender"), and GMAC COMMERCIAL FINANCE LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, "Agent") and as factor (in such capacity, "Factor"). W I T N E S S E T H: - - - - - - - - - - WHEREAS, each Debtor has com

Anvil Holdings Inc – Ratification and Amendment Agreement (October 6th, 2006)

This RATIFICATION AND AMENDMENT AGREEMENT (the Ratification Agreement) dated as of October 4, 2006, is by and among WACHOVIA BANK, NATIONAL ASSOCIATION (successor by merger to Congress Financial Corporation and hereinafter referred to as Lender), ANVIL KNITWEAR, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (Borrower), ANVIL HOLDINGS, INC, a Delaware corporation, as Debtor and Debtor-in-Possession (Holdings) and SPECTRATEX, Inc., formerly known as Cottontops, Inc., a Delaware corporation, as Debtor and Debtor-in-Possession (Spectratex and together with Holdings, each individually, a Guarantor and collectively, the Guarantors; and together with Borrower, each individually, a Debtor and collectively, the Debtors).

Hesperia Holding Inc – Reaffirmation, Ratification and Amendment Agreement (June 30th, 2006)
New Century Energy – Contract (May 3rd, 2006)

Exhibit 10.13 REAFFIRMATION, RATIFICATION AND AMENDMENT AGREEMENT --------------------------------------------------- April 27, 2006 Laurus Master Fund, Ltd. c/o Laurus Capital Management LLC 825 Third Avenue New York, New York 10022 Ladies and Gentlemen: Reference is made to (a) the Securities Purchase Agreement dated as of June 30, 2005 (as amended, modified or supplemented from time to time, the "June 2005 SPA") by and between New Century Energy Corp., a Colorado corporation ("New Century") and Laurus Master Fund, Ltd. ("Laurus"), (b) the Secured Convertible Term Note dated as of June 30, 2005 made by New Century in favor of Laurus in the aggregate principal amount of Fifteen Million Dollars ($15,000,000) (as amended, modified or supplemented from time to time, the "June 2005 Term Note"), (c) the Subsidiary Guaranty dated as of June 30, 2005 (as amended, modified or supplemented from time to time, the "Guaranty

Ratification and Amendment Agreement (Relating to Xo Merger) (March 6th, 2006)

This RATIFICATION AND AMENDMENT AGREEMENT (RELATING TO XO MERGER) (Agreement), dated as of March 1, 2006, is delivered in connection with the Amended and Restated Credit and Guaranty Agreement, dated as of January 16, 2003 (as amended and as it may be further amended, supplemented or otherwise modified, the Credit Agreement; the terms defined therein and not otherwise defined herein being used herein as therein defined), by and among XO COMMUNICATIONS, LLC, a Delaware limited liability company, successor-by-merger to XO Communications, Inc., a Delaware corporation (XO LLC or the Company), CERTAIN SUBSIDIARIES OF THE COMPANY, as Guarantors, XO HOLDINGS, INC., a Delaware corporation, as a Guarantor (XO Holdings), LMDS HOLDINGS, INC., a Delaware corporation, as a Guarantor (LMDS), and V&K Holdings, Inc., a Delaware corporation, as a Guarantor (V&K),the Lenders party thereto from time to time and, solely with respect to Section 6(b) hereof, MIZUHO CORPORATE BANK, LTD., as administrative ag

Gardenburger – Ratification and Amendment Agreement (October 21st, 2005)

THIS RATIFICATION AND AMENDMENT AGREEMENT dated as of October 17, 2005 (the Amendment), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as Agent and Lender under the Loan Agreement referenced below (in such capacities, collectively, the Lender), and GARDENBURGER, INC., an Oregon corporation (Borrower). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement (as defined below).

Anchor Glass Container Corp – Ratification and Amendment Agreement (August 12th, 2005)

THIS RATIFICATION AND AMENDMENT AGREEMENT (this Ratification Agreement), dated as of August 8, 2005, is by and among Anchor Glass Container Corporation, a Delaware corporation, as debtor and debtor-in-possession (Debtor), the financial institutions from time to time party thereto as lenders (each individually, a Lender and collectively, the Lenders), and Wachovia Capital Finance Corporation (Central), an Illinois corporation, in its capacity as agent (in such capacity, Agent) for the Lenders.

Huffy Corp – Ratification and Amendment Agreement (October 26th, 2004)

RATIFICATION AND AMENDMENT AGREEMENT (the Ratification Agreement), dated as of October 20, 2004, is by and among Huffy Corporation, an Ohio corporation, as Debtor and Debtor-in-Possession (Huffy), American Sports Design Company, an Ohio corporation, as Debtor and Debtor-in-Possession (American), Huffy Sports Delaware, Inc., a Delaware corporation, as Debtor and Debtor-in-Possession (HSDI and together with Huffy and American, each individually a US Borrower, and collectively the US Borrowers), Huffy Sports Canada Inc., a New Brunswick, Canada corporation, as Debtor and Debtor-in-Possession (Canadian Borrower and together with US Borrowers, each individually, a Borrower and collectively, the Borrowers), Huffy Risk Management, Inc., an Ohio corporation, as Debtor and Debtor-in-Pos session (HRMI), HCAC, Inc., an Ohio corporation, as Debtor and Debtor-in-Possession (HCAC), Hufco-Delaware Company, a Delaware corporation, as Debtor and Debtor-in-Possession (Hufco-Delaware), Huffy Sports, Inc.

Perry Ellis Menswear, Llc – Ratification and Amendment Agreement (January 5th, 1999)