Second Forbearance Agreement Sample Contracts

Second Forbearance Agreement (August 10th, 2017)

This SECOND FORBEARANCE AGREEMENT, dated as of August 9, 2017 (this "Agreement"), is made by and among ALLIQUA BIOMEDICAL, INC., a Delaware Corporation (the "Borrower"), AQUAMED TECHNOLOGIES, INC., a Delaware corporation (the "Guarantor"; the Borrower and the Guarantor are each also referred to herein individually as a "Loan Party" and collectively as the "Loan Parties") and PERCEPTIVE CREDIT HOLDINGS, L.P., a Delaware limited partnership (the "Lender"). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).

C&J Energy Services Ltd. – Second Forbearance Agreement (June 30th, 2016)

THIS SECOND FORBEARANCE AGREEMENT, dated as of June 30, 2016 (this Agreement), is entered into by and between C&J Energy Services Ltd. (Parent), CJ Lux Holdings S.a r.l., a Luxembourg private limited liability company (societe a responsabilite limitee), having its registered office at 15, rue Edward Steichen, L-2540 Luxembourg, having a share capital of $2,000,000 and registered with the Luxembourg Register of Commerce and Companies under number B190.857 (Luxembourg Borrower), CJ Holding Co. (U.S. Borrower and, together with Parent and Luxembourg Borrower, the Borrowers), certain other Loan Parties identified on the signature pages hereto, Cortland Capital Market Services LLC (Cortland), in its capacity as successor Administrative Agent to Bank of America, N.A. under the Credit Agreement (as defined below) (in such capacity (or any successor in such capacity), the Agent) and the lenders appearing on the signature pages hereto (the Consenting Lenders). Each of the foregoing shall be ref

Essex Rental Corp – Amendment to Second Forbearance Agreement (September 29th, 2015)

This AMENDMENT TO SECOND FORBEARANCE AGREEMENT (this "Amendment"), dated as of September 25, 2015, is by and between Essex Crane Rental Corp., a Delaware corporation ("Borrower"), Essex Holdings, LLC, a Delaware limited liability company ("Parent"; together with Borrower, collectively, "Loan Parties"), and Wells Fargo Capital Finance, LLC, in its capacity as agent under the Credit Agreement defined below ("Agent"), and all Lenders under such Credit Agreement.

Essex Rental Corp – Second Forbearance Agreement (September 16th, 2015)

This SECOND FORBEARANCE AGREEMENT (this "Agreement"), dated as of September 15, 2015, is by and between Essex Crane Rental Corp., a Delaware limited liability company ("Borrower") and Wells Fargo Capital Finance, LLC, in its capacity as agent under the Credit Agreement defined below ("Agent"), and all Lenders under such Credit Agreement.

Global Axcess – Second Forbearance Agreement and Amendment (April 26th, 2013)

This SECOND FORBEARANCE AGREEMENT AND AMENDMENT ("Agreement") is dated as of April 18, 2013, and effective as of February 15, 2013, and is entered into by and among Global Axcess Corp. a Nevada corporation ("Global Axcess"), Nationwide Money Services Inc., a Nevada corporation ("NMS"), Nationwide Ntertainment Services, Inc., a Nevada corporation ("NNS"), and EFT Integration, Inc., a Florida corporation ("EFT"; together with Global Axcess, NMS and NNS collectively, the "Borrowers" and each individually a "Borrower"), Insta Video, Inc., a Nevada corporation, in its capacity as a Guarantor, Fifth Third Bank ("Lender") and Fifth Third Equipment Finance Company (f/k/a The Fifth Third Leasing Company) ("Lessor"; together with Lender, the "Fifth Third Parties").

CPI Corporation – Second Forbearance Agreement (January 4th, 2013)

This Second Forbearance Agreement dated as of December 28, 2012 (the "Agreement"), is entered into by and among: (i) CPI Corp., a Delaware corporation (the "Borrower" also referred to herein as the "Company"); (ii) Consumer Programs Incorporated, a Missouri corporation ("CP Inc."), CPI Canadian Holdings, Inc., a Delaware corporation ("CPI Canada"), CPI Images, L.L.C., a Missouri limited liability company ("Images"), CPI International Holdings, Inc., a Delaware corporation ("CPI International"), Texas Portraits L.P., a Delaware limited partnership ("Texas"), Centrics Technology, Inc., a Delaware corporation ("Centrics"), and Image Source Inc., a Missouri corporation ("ISI," and, with CP Inc., CPI Canada, Images, CPI International, Texas and Centrics, each an "Original Guarantor" and, collectively, the "Original Guarantors"); (iii) Bella Pictures Holdings, LLC, a Delaware limited liability company ("Bella"), and Sandy Realty Holdings, LLC, a Missouri limited liability company ("Sandy" an

Second Forbearance Agreement (February 1st, 2011)

This Second Forbearance Agreement (herein, the Second Forbearance Agreement) is made as of this 31st day of January, 2011, by and among Sbarro, Inc., a New York corporation (the Borrower), Sbarro Holdings, LLC, a Delaware limited liability company (Holdings), the Lenders (as defined in the Credit Agreement) party hereto and Bank of America, N.A., as Administrative Agent.

Second Forbearance Agreement and Amendment to Financing Agreement (December 16th, 2010)

This Second Forbearance Agreement and Amendment to Financing Agreement (as amended, restated, supplemented or otherwise modified from time to time, this Agreement) is made and entered into as of April 16, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (Borrower), RNK, Inc., a Massachusetts corporation (RNK), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (VOIP), Wave2Wave Data Communications, LLC, a Delaware limited liability company (Wave Data), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (Wave Communications), RNK VA, LLC, a Virginia limited liability company (RNK VA; RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a Company and collectively as the Companies), the financial institutions party hereto as Lenders (collectively, the Lenders) and Victory Park Management, LLC, as administrative agent and collateral ag

Second Forbearance Agreement and Amendment to Financing Agreement (April 27th, 2010)

This Second Forbearance Agreement and Amendment to Financing Agreement (as amended, restated, supplemented or otherwise modified from time to time, this Agreement) is made and entered into as of April 16, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (Borrower), RNK, Inc., a Massachusetts corporation (RNK), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (VOIP), Wave2Wave Data Communications, LLC, a Delaware limited liability company (Wave Data), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (Wave Communications), RNK VA, LLC, a Virginia limited liability company (RNK VA; RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a Company and collectively as the Companies), the financial institutions party hereto as Lenders (collectively, the Lenders) and Victory Park Management, LLC, as administrative agent and collateral ag

Medical Staffng Ntwrk Hldgs – Second Forbearance Agreement, Limited Waiver and Amendment to Amended and Restated Credit Agreement (April 8th, 2010)
American Homepatient – Second Forbearance Agreement (November 16th, 2009)

This SECOND FORBEARANCE AGREEMENT, dated as of August 31, 2009 (this Agreement), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HomePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., AHP Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Care Alliance of Virginia (collectively, the Makers), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the Agent) and those certain entities appearing on Schedule I attached hereto (collectively, the Forbearing Holders).

Artisanal Brands, Inc. – Second Forbearance Agreement (October 15th, 2009)

This Second Forbearance Agreement is made by and between Summit Financial Resources, L.P., a Hawaii limited partnership ("Summit"), Artisanal Cheese, LLC, a New York limited liability company ("Client"), American Home Food Products, Inc., a New York corporation ("AFP"), and Daniel W. Dowe, an individual ("Dowe") (AFP and Dowe are collectively referred to as "Guarantors").

Second Forbearance Agreement (October 14th, 2009)

THIS SECOND FORBEARANCE AGREEMENT (this Agreement) is entered into as of October 9, 2009, among Vitesse Semiconductor Corporation, a Delaware corporation (the Borrower), the other Loan Parties (as defined below), and Whitebox VSC, Ltd., a limited partnership organized under the law of the British Virgin Islands (the Agent). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Loan Agreement dated as of August 23, 2007, by and among the lenders from time to time signatory thereto (collectively the Lenders and individually each a Lender), the Borrower, and the Agent, as one of the Lenders and as agent for the Lenders.

Second Forbearance Agreement (October 1st, 2009)

THIS SECOND FORBEARANCE AGREEMENT (this Second Forbearance Agreement), dated as of September 30, 2009, is entered into by and among certain holders of the 8-1/2% Senior Subordinated Notes due 2015 (Notes) issued pursuant to an indenture dated as of January 31, 2005 (the Indenture) among the Issuer (as defined below), certain guarantors (the Guarantors) and The Bank of New York Mellon Trust Company, N.A.(f.k.a. The Bank of New York Trust Company, N.A.), as Trustee (the Trustee), which holders are signatories hereto (each individually a Holder and collectively, Holders), and Accuride Corporation, a Delaware corporation (Issuer).

Second Forbearance Agreement (July 6th, 2009)

THIS SECOND FORBEARANCE AGREEMENT (this "Second Forbearance Agreement") effective as of April 29, 2009 among AEROGROW INTERNATIONAL, INC., a Nevada corporation ("Borrower"), Jack J. Walker, a Colorado resident ("Guarantor"; Borrower and Guarantor are sometimes referred to herein individually as an "Obligor" and collectively as "Obligors"), and FCC, LLC, d/b/a First Capital, a Florida limited liability company ("Lender").

Butler International Inc – Second Forbearance Agreement (April 23rd, 2009)

THIS SECOND FORBEARANCE AGREEMENT (this "Agreement") is made and entered into as of April 20, 2009, by and among, BUTLER SERVICE GROUP, INC., a New Jersey corporation ("Borrower"), the other Credit Parties signatory hereto, the Lenders signatory hereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation ("GECC"), as Lender and as administrative agent for the Lenders (in such capacity, the "Agent") under the Credit Agreement (as hereinafter defined).

Pacific Ethanol – Second Forbearance Agreement (Lyles United, Llc) (April 2nd, 2009)

This SECOND FORBEARANCE AGREEMENT (LYLES UNITED) ("this Agreement") is entered into as of March 30, 2009, by and among PACIFIC ETHANOL, INC., a Delaware corporation (the "Company"), PACIFIC AG. PRODUCTS, LLC ("PAP"), PACIFIC ETHANOL CALIFORNIA, INC. ("PECA"; together with PAP and the Company, the "PE Parties", and each a "PE Party"), LYLES UNITED, LLC, a Delaware limited liability company (the "Lender"), and LYLES MECHANICAL CO., a California corporation ("Lyles Mechanical"), as parties to the Loan Documents or the Lyles Mechanical Note or both. The Company, PAP, PECA, Lyles Mechanical and Lender are sometimes referred to individually as a "Party" and collectively as the "Parties" herein. Capitalized terms used in this Agreement which are not otherwise defined herein shall have the meanings given such terms in the First Forbearance Agreement (defined below) or, to the extent the First Forbearance Agreement does not define such terms, in the Loan Documents (defined below).

First Amendment to Second Forbearance Agreement; Fourth Amendment to the Second Amended and Restated Credit and Guaranty Agreement and Second Amendment to the Pledge and Security Agreement (March 30th, 2009)

This FIRST AMENDMENT TO SECOND FORBEARANCE AGREEMENT; FOURTH AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT AND SECOND AMENDMENT TO THE PLEDGE AND SECURITY AGREEMENT (this "Amendment") is entered into as of March 25, 2009, by and among Simmons Bedding Company (the "Company"), THL-SC Bedding Company and certain subsidiaries of the Company party to the Credit Agreement (as hereafter defined) as Guarantors (together with the Company, the "Credit Parties"), the financial institutions party hereto as Lenders (as hereinafter defined) under the Credit Agreement (as hereinafter defined) and Deutsche Bank AG, New York Branch, individually as a Lender ("DBNY") and as administrative agent and collateral agent for the Lenders (in such capacities, the "Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement.

First Amendment to Second Forbearance Agreement; Fourth Amendment to the Second Amended and Restated Credit and Guaranty Agreement and Second Amendment to the Pledge and Security Agreement (March 23rd, 2009)

This FIRST AMENDMENT TO SECOND FORBEARANCE AGREEMENT; FOURTH AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT AND SECOND AMENDMENT TO THE PLEDGE AND SECURITY AGREEMENT (this "Amendment") is entered into as of March [ ], 2009, by and among Simmons Bedding Company (the "Company"), THL-SC Bedding Company and certain subsidiaries of the Company party to the Credit Agreement (as hereafter defined) as Guarantors (together with the Company, the "Credit Parties"), the financial institutions party hereto as Lenders (as hereinafter defined) under the Credit Agreement (as hereinafter defined) and Deutsche Bank AG, New York Branch, individually as a Lender ("DBNY") and as administrative agent and collateral agent for the Lenders (in such capacities, the "Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement.

Second Forbearance Agreement; Third Amendment to the Second Amended and Restated Credit and Guaranty Agreement and First Amendment to the Pledge and Security Agreement (December 10th, 2008)

This SECOND FORBEARANCE AGREEMENT; THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE PLEDGE AND SECURITY AGREEMENT (this "Agreement") is entered into as of December 10, 2008, by and among Simmons Bedding Company (the "Company"), THL-SC Bedding Company and certain subsidiaries of the Company party to the Credit Agreement (as hereafter defined) as Guarantors (together with the Company, the "Credit Parties"), the financial institutions party hereto as Lenders under the Credit Agreement (collectively, the "Lenders") and Deutsche Bank AG, New York Branch, individually as a Lender ("DBNY") and as administrative agent for the Lenders (in such capacity, "Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement.

Second Forbearance Agreement; Third Amendment to the Second Amended and Restated Credit and Guaranty Agreement and First Amendment to the Pledge and Security Agreement (December 9th, 2008)

This SECOND FORBEARANCE AGREEMENT; THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE PLEDGE AND SECURITY AGREEMENT (this "Agreement") is entered into as of December 10, 2008, by and among Simmons Bedding Company (the "Company"), THL-SC Bedding Company and certain subsidiaries of the Company party to the Credit Agreement (as hereafter defined) as Guarantors (together with the Company, the "Credit Parties"), the financial institutions party hereto as Lenders under the Credit Agreement (collectively, the "Lenders") and Deutsche Bank AG, New York Branch, individually as a Lender ("DBNY") and as administrative agent for the Lenders (in such capacity, "Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement.

Buffets Holdings Inc – Amendment No. 1 to Second Forbearance Agreement to Credit Agreement (December 8th, 2008)

This AMENDMENT NO. 1 TO SECOND FORBEARANCE AGREEMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of December 5, 2008, by and among Buffets, Inc., a Minnesota corporation, as a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code ("Borrower"), Buffets Holdings, Inc., a Delaware corporation, as a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code ("Holdings"), the Subsidiaries of Borrower and Holdings, as Guarantors (together with Borrower and Holdings, the "Loan Parties"), the financial institutions party hereto as Lenders (collectively, the "Lenders"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Forbearance Agreement (as hereinafter defined).

Buffets Holdings Inc – Second Forbearance Agreement to Credit Agreement (December 5th, 2008)

This SECOND FORBEARANCE AGREEMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of December 1, 2008, by and among Buffets, Inc., a Minnesota corporation, as a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code ("Borrower"), Buffets Holdings, Inc., a Delaware corporation, as a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code ("Holdings"), the Subsidiaries of Borrower and Holdings, as Guarantors (together with Borrower and Holdings, the "Loan Parties"), the financial institutions party hereto as Lenders (collectively, the "Lenders") and Credit Suisse, Cayman Islands Branch, as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement (as hereinaft

TRC Companies, Inc. – Second Forbearance Agreement and Global Amendment to Credit Documents (January 30th, 2006)

This SECOND FORBEARANCE AGREEMENT AND GLOBAL AMENDMENT TO CREDIT DOCUMENTS (the Agreement) is entered into as of this 24th day of January, 2006 by and among TRC COMPANIES, INC., together with its Subsidiaries signatory hereto (each, a Borrower and collectively, the Borrowers), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent (the Agent) and the LENDERS identified on the signature pages hereof (each, a Lender and collectively, the Lenders).

INTEGRATED FREIGHT Corp – Contract (December 28th, 2004)

Exhibit 10.1 SECOND FORBEARANCE AGREEMENT ---------------------------- THIS SECOND FORBEARANCE AGREEMENT ("AGREEMENT") is made as of December 21, 2004, by and among PLANGRAPHICS, INC., a Maryland corporation ("BORROWER"), JOHN C. ANTENUCCI and ROBIN L. ANTENUCCI (collectively, the "INDIVIDUAL GUARANTORS"), and PLANGRAPHICS, INC., a Colorado corporation ("CORPORATE GUARANTOR"), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation ("BANK"). The BORROWER, the INDIVIDUAL GUARANTORS and the CORPORATE GUARANTOR are hereafter collectively referred to as the "OBLIGORS." R E C I T A L S: ---------------- R1. The BORROWER is currently indebted to the BANK under and in connection with a $750,000.00 revolving line of credit loan ("LINE OF CREDIT") which the BANK previously provided to the BORROWER. R2. The LINE OF CREDIT is evidenced by, amon

Signature Eyewear – Contract (February 25th, 2003)

EXHIBIT 10.7 ------------ SECOND FORBEARANCE AGREEMENT ---------------------------- This Second Forbearance Agreement (this "Agreement") is entered into as of December 31, 2002, by and among Signature Eyewear, Inc. ("SEI") and City National Bank ("CNB"). RECITALS: --------- WHEREAS, SEI and CNB are parties to a certain Accounts Receivable Inventory Loan Agreement dated as of June 26, 2000 (hereinafter defined as the "Loan Agreement"); and WHEREAS, on September 30, 2000, all of the Obligations (as defined in the Loan Agreement) became due and payable by SEI to CNB; and WHEREAS, SEI has failed to pay the Obligations in full as required under the Loan Agreement, which constitutes an Event of Default under, INTER ALIA, each of Sections 9.1.1 and 9.1.13 of the Loan Agreement,

Leiner Health Products – Second Forbearance Agreement (September 7th, 2001)

THIS SECOND FORBEARANCE AGREEMENT (this "Agreement") is entered into as of August 31, 2001 among LEINER HEALTH PRODUCTS INC. (the "U.S. Borrower"), VITA HEALTH PRODUCTS INC. (the "Canadian Borrower," and together with the U.S. Borrower, the "Borrowers"), THE BANK OF NOVA SCOTIA, as U.S. Agent and as Canadian Agent, and the lenders party to the Credit Agreement referred to below.

Nutramax Products Inc – Second Forbearance Agreement and Amendment (February 16th, 2000)