EXHIBIT 10.1 SECOND FORBEARANCE AGREEMENT ---------------------------- This SECOND FORBEARANCE AGREEMENT (this "Agreement") is entered into as of this 15th day of April, 2007, by and among All American Semiconductor, Inc., a Delaware corporation (the...Second Forbearance Agreement • April 17th, 2007 • All American Semiconductor Inc • Wholesale-electronic parts & equipment, nec
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 AGREEMENTSecond Forbearance Agreement • March 30th, 2009 • Simmons Co • Wood household furniture, (no upholstered) • New York
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.
AmegyBank Dallas, Texas 75201Second Forbearance Agreement • April 5th, 2012 • Infinity Energy Resources, Inc • Drilling oil & gas wells • Texas
This letter (this "Agreement") sets forth the third forbearance agreement among INFINITY ENERGY RESOURCES, INC. ("Borrower"), a Delaware corporation; INFINITY OIL AND GAS OF TEXAS, INC., a Delaware corporation, and INFINITY OIL & GAS OF WYOMING, INC., a Wyoming corporation (collectively "Guarantors"); and AMEGY BANK NATIONAL ASSOCIATION ("Lender"). Borrower, Guarantors, and Lender previously entered into a Forbearance Agreement (the "First Forbearance Agreement") dated August 31, 2007, and a Second Forbearance Agreement (the "Second Forbearance Agreement") dated March 26, 2008. Capitalized terms below have the meanings assigned in the Loan Agreement dated January 9, 2007, among Borrower, Guarantors, and Lender, as amended (the "Loan Agreement").
SECOND FORBEARANCE AGREEMENT; THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE PLEDGE AND SECURITY AGREEMENTSecond Forbearance Agreement • December 10th, 2008 • Simmons Co • Wood household furniture, (no upholstered) • New York
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 AGREEMENTSecond Forbearance Agreement • October 1st, 2009 • Accuride Corp • Motor vehicle parts & accessories • New York
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 AGREEMENTSecond Forbearance Agreement • October 15th, 2021 • Trinity Place Holdings Inc. • Operators of nonresidential buildings • New York
This Forbearance Agreement (this “Agreement”) is made as of October 1, 2021 (the “Forbearance Effective Date”), by and among TPHGREENWICH SUBORDINATE MEZZ LLC, a Delaware limited liability company (“Borrower”), trinity place holdings inc., a Delaware corporation (“Indemnitor”), TPHS Lender II LLC, a Delaware limited liability company, as lender (“Lender”) and TPHS Lender II LLC, a Delaware limited liability company, as administrative agent for the benefit of Lender (“Administrative Agent”). Borrower and Indemnitor are herein referred to individually as a “Borrower Party” and collectively as the “Borrower Parties”. Lender and Administrative Agent are herein referred to individually as a “Lender Party” and collectively as the “Lender Parties”.
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • February 24th, 2023 • Unique Fabricating, Inc. • Motor vehicle parts & accessories • Michigan
This Second Forbearance Agreement (“Agreement” or “Forbearance Agreement”) is made this 22nd day of February, 2023 by and between UNIQUE FABRICATING NA, INC., a Delaware corporation (“US Borrower”), and UNIQUE-INTASCO CANADA, INC., a corporation organized under the laws of the province of British Columbia (“CA Borrower”, called together with US Borrower, the “Borrowers” and each of them referred to herein as a “Borrower”), UNIQUE FABRICATING, INC., a Delaware corporation (“Parent”), UNIQUE-CHARDAN, INC., a Delaware corporation, UNIQUE MOLDED FOAM TECHNOLOGIES, INC., a Delaware corporation, UNIQUE PRESCOTECH, INC., a Delaware corporation, UNIQUE FABRICATING REALTY, LLC, a Michigan limited liability company, UNIQUE FABRICATING SOUTH, INC., a Michigan corporation, and UNIQUE-INTASCO USA, INC., a Michigan corporation (each a “Guarantor” and collectively the “Guarantors”), the financial institutions signatory hereto (individually a “Lender,” and collectively the “Lenders”), CITIZENS BANK, N
AMENDMENT TO SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • September 29th, 2015 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • Illinois
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.
SECOND FORBEARANCE AGREEMENT AND AMENDMENT NO. 9 TO AMENDED AND RESTATED CREDIT AGREEMENTSecond Forbearance Agreement • March 21st, 2003 • National Equipment Services Inc • Services-equipment rental & leasing, nec • New York
THIS SECOND FORBEARANCE AGREEMENT AND AMENDMENT NO. 9 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of March 14, 2003 by and among NATIONAL EQUIPMENT SERVICES, INC., a Delaware corporation (the “Borrower”), each of the parties identified as a Subsidiary Guarantor on the signature pages hereto (the “Subsidiary Guarantors”), each of the financial institutions identified as a Lender on the signature pages hereto (the “Lenders”), and WACHOVIA BANK, NATIONAL ASSOCIATION (formerly First Union National Bank), as agent for the Lenders (the “Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement (hereinafter defined).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • April 28th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS SECOND FORBEARANCE AGREEMENT, dated as of April 27, 2020 (this “Agreement”), by and among AG Mortgage Investment Trust, Inc. and its undersigned affiliates, jointly and severally (each, a “Seller Entity,” and collectively, the “Companies”), and the buyer parties listed on Schedule 1 hereto (collectively, the “Participating Counterparties”), recites and provides as follows:
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • September 7th, 2001 • Leiner Health Products Inc • Pharmaceutical preparations • New York
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.
Amegy Bank, N.A. Letterhead]Second Forbearance Agreement • May 13th, 2011 • Infinity Energy Resources, Inc • Drilling oil & gas wells • Texas
This letter (this “Agreement”) sets forth (i) the fifth forbearance agreement among Infinity Energy Resources, Inc., a Delaware corporation (“Borrower”), Infinity Oil and Gas of Texas, Inc., a Delaware corporation (“Infinity Texas”), Infinity Oil & Gas of Wyoming, Inc., a Wyoming corporation (“Infinity Wyoming” and, together with Infinity Texas, “Guarantors”; Guarantors and Borrower are referred to herein collectively as the “Credit Parties”), and Amegy Bank, N.A. (“Lender”) and (ii) the terms and conditions of certain forbearance period advances to be made under the Loan Agreement (as hereinafter defined). The Credit Parties and Lender previously entered into a Forbearance Agreement dated August 31, 2007 (the “First Forbearance Agreement”), a Second Forbearance Agreement dated March 26, 2008 (the “Second Forbearance Agreement”), a Third Forbearance Agreement dated October 16, 2008 (the “Third Forbearance Agreement”) and a Fourth Forbearance Agreement dated December 4, 2009 (the “Fourt
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Oklahoma
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”).
AMENDMENT NO. 1 TO SECOND FORBEARANCE AGREEMENT TO CREDIT AGREEMENTSecond Forbearance Agreement • December 8th, 2008 • Buffets Holdings, Inc. • Retail-eating places
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).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • April 23rd, 2009 • Butler International Inc /Md/ • Services-help supply services • New York
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).
Amegy Bank, N.A. Letterhead]Second Forbearance Agreement • April 5th, 2012 • Infinity Energy Resources, Inc • Drilling oil & gas wells • Texas
This letter (this “Agreement”) sets forth (i) the fifth forbearance agreement among Infinity Energy Resources, Inc., a Delaware corporation (“Borrower”), Infinity Oil and Gas of Texas, Inc., a Delaware corporation (“Infinity Texas”), Infinity Oil & Gas of Wyoming, Inc., a Wyoming corporation (“Infinity Wyoming” and, together with Infinity Texas, “Guarantors”; Guarantors and Borrower are referred to herein collectively as the “Credit Parties”), and Amegy Bank, N.A. (“Lender”) and (ii) the terms and conditions of certain forbearance period advances to be made under the Loan Agreement (as hereinafter defined). The Credit Parties and Lender previously entered into a Forbearance Agreement dated August 31, 2007 (the “First Forbearance Agreement”), a Second Forbearance Agreement dated March 26, 2008 (the “Second Forbearance Agreement”), a Third Forbearance Agreement dated October 16, 2008 (the “Third Forbearance Agreement”) and a Fourth Forbearance Agreement dated December 4, 2009 (the “Fourt
SECOND FORBEARANCE AGREEMENT (LYLES UNITED, LLC)Second Forbearance Agreement • April 2nd, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
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).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • October 14th, 2009 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
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 AGREEMENTSecond Forbearance Agreement • June 30th, 2016 • C&J Energy Services Ltd. • Oil & gas field services, nec
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.à r.l., a Luxembourg private limited liability company (société à responsabilité limitée), 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 forego
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • August 14th, 2023 • Avalo Therapeutics, Inc. • Pharmaceutical preparations • Connecticut
This SECOND FORBEARANCE AGREEMENT (this “Agreement”) is made as of August 14, 2023, by and among (i) Avalo Therapeutics, Inc. (f/k/a Cerecor Inc.), a Delaware corporation (the “Borrower”), (ii) Horizon Credit II LLC, Horizon Funding Trust 2019-1, Horizon Funding I, LLC, and Powerscourt Investments XXV Trust, as lenders (collectively, the “Lenders”), and (iii) Horizon Technology Finance Corporation, as collateral agent for the Lenders (in such capacity, the “Collateral Agent” and collectively with the Lenders, the “Secured Parties”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Agreement (as defined below).
EXECUTION COPY SECOND FORBEARANCE AGREEMENT THIS AGREEMENT made as of the 1ST day of April, 2004. A M O N G: RED BROOK DEVELOPMENTS LIMITED, on its own behalf and on behalf of certain debentureholders "Red Brook") - and - VISUAL BIBLE INTERNATIONAL,...Second Forbearance Agreement • May 25th, 2004 • Visual Bible International Inc • Books: publishing or publishing & printing • Ontario
ContractSecond Forbearance Agreement • March 1st, 2023 • Globalstar, Inc. • Communications services, nec
Certain portions of this document have been omitted pursuant to Item 601(b)(10) of Regulation S-K and, where applicable, have been marked with “[*]” to indicate where omissions have been made. The marked information has been omitted because it is (i) not material and (ii) is the type that the registrant treats as private or confidential.
Second Forbearance AgreementSecond Forbearance Agreement • October 15th, 2009 • American Home Food Products, Inc. • Dairy products • Utah
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 AGREEMENTSecond Forbearance Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
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”).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • September 16th, 2015 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • Illinois
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.
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...Second Forbearance Agreement • December 28th, 2004 • Plangraphics Inc • Services-computer integrated systems design • Maryland
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • August 16th, 2023 • Appreciate Holdings, Inc. • Real estate agents & managers (for others) • California
THIS SECOND FORBEARANCE AGREEMENT (this “Agreement”) is made effective as of the 13th day of August, 2023 (the “Effective Date”) by and among Appreciate Holdings, Inc. (f/k/a RW National Holdings, LLC), a Delaware corporation (“Appreciate”), RW OpCo, LLC, a Delaware limited liability company (“OpCo”), RW OA Acquisition, LLC, a Minnesota limited liability company (“Acquisition,” and together with Appreciate and OpCo, the “Borrowers,” and each, a “Borrower”), and St. Cloud Capital Partners III SBIC, L.P. (the “Lender”).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • February 1st, 2011 • Sbarro Inc • Retail-eating places • New York
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 AMENDED AND RESTATED CREDIT AGREEMENTSecond Forbearance Agreement • October 29th, 2020 • Gulfport Energy Corp • Crude petroleum & natural gas
This SECOND FORBEARANCE AGREEMENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of October 26, 2020, by and among Gulfport Energy Corporation, a Delaware corporation, as borrower (the “Borrower”), the other Loan Parties party hereto, the Lenders party hereto, each Swap Lender party hereto, each Cash Management Party party hereto and The Bank of Nova Scotia, individually as a Lender (“Scotiabank”), as administrative agent for the Lenders (in such capacity, “Agent”) and as L/C Issuer.
SECOND FORBEARANCE AGREEMENT; AND SECOND AMENDMENT TO THE CREDIT AGREEMENTSecond Forbearance Agreement • July 28th, 2009 • Station Casinos Inc • Services-miscellaneous amusement & recreation • New York
This SECOND FORBEARANCE AGREEMENT; AND SECOND AMENDMENT TO THE CREDIT AGREEMENT (this “Second Forbearance Agreement”) is entered into as of July 28, 2009, by and among Station Casinos, Inc. (the “Borrower”), certain subsidiaries of the Borrower party hereto (the “Guarantors” and, together with the Borrower, the “Loan Parties”), FCP Holdings, Inc. (“FCP Holding”), Fertitta Partners LLC (“Fertitta Partners”), FCP Voteco, LLC (“FCP Voteco” and, together with FCP Holding and Fertitta Partners, the “Holding Companies”, with the Holding Companies and the Loan Parties collectively referred to as the “Credit Parties”), the Lenders (as defined below) party hereto, and Deutsche Bank Trust Company Americas, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders and the other Secured Parties described in the Credit Agreement referred to below. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Cre
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • April 29th, 2020 • Mfa Financial, Inc. • Real estate investment trusts • New York
THIS SECOND FORBEARANCE AGREEMENT, dated as of April 27, 2020 (this “Agreement”), by and among MFA Financial, Inc. and its undersigned affiliates, jointly and severally (each, a “Seller Entity,” and collectively, the “Companies”), and the buyer parties listed on Schedule 1 hereto (collectively, the “Participating Counterparties”), recites and provides as follows:
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • August 10th, 2017 • Alliqua BioMedical, Inc. • Surgical & medical instruments & apparatus • New York
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).
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • August 11th, 2021 • Trinity Place Holdings Inc. • Operators of nonresidential buildings • New York
This Second Forbearance Agreement (this “Agreement”) is made as of June 30, 2021 (the “Forbearance Effective Date”), by and among TPHGREENWICH OWNER LLC, a Delaware limited liability company (“Borrower”), TRINITY PLACE HOLDINGS INC., a Delaware corporation (“Indemnitor”), TPHGREENWICH MEZZ LLC, a Delaware limited liability company (“Pledgor”), MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation (together with its successors and assigns, “Lender”) and solely for purposes of acknowledging paragraph 8 below, TPHS LENDER II LLC, a Delaware limited liability company (“Mezzanine Lender”). Borrower, Indemnitor and Pledgor are herein referred to individually as a “Borrower Party” and collectively as the “Borrower Parties”.
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • January 4th, 2013 • Cpi Corp • Services-personal services
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
