Waiver And Sample Contracts

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Waiver And • December 29th, 2006 • Quest Resource Corp • Crude petroleum & natural gas • New York
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COVID-19 WAIVER
Waiver And • September 29th, 2021 • Colorado

ability to participate, provide services for, conduct, prepare for or participate in any rodeo or affiliated activities leading up or related to, or otherwise attend or be present at the 2022 PRCA Sanctioned events (hereinafter, the “Events”) (and hereinafter, collectively, the “Activities”). The undersigned, on behalf of himself/herself, his/her personal representative, heirs, and next of kin (hereinafter collectively, the UNDERSIGNED”)hereby:

WAIVER AND RELEASE OF THE AMENDED & RESTATED MANAGEMENT STABILITY AGREEMENT
Waiver And • August 4th, 2016 • Tesoro Logistics Lp • Pipe lines (no natural gas)

This Waiver and Release constitutes the entire agreement between the Parties and cancels and supersedes all other agreements between the Parties which may have related to the subject matter contained in the Agreement, including the Agreement itself.

WAIVER AND RELEASE OF LIABILITY AGREEMENT
Waiver And • September 22nd, 2023 • Washington

IN CONSIDERATION OF the risk of injury that exists while participating in (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

WAIVER AND RELEASE OF LIABIILITY AGREEMENT – READ BEFORE SIGNING
Waiver And • March 6th, 2015

In consideration of being allowed to participate in any way in the GENESEEE VALLEY CYCLING CLUB (GVCC) program, its related races, rides, events and activities, I, for myself, my heirs, executors, administrators, personal or legal representatives, assignees, and successors in interest (collectively “Successors”), acknowledge, appreciate and agree that:

Contract
Waiver And • March 22nd, 2019 • Kraft Heinz Co • Canned, frozen & preservd fruit, veg & food specialties • New York

WAIVER AND CONSENT NO. 1 dated as of March 22, 2019 (this “Waiver”), among THE KRAFT HEINZ COMPANY, a Delaware corporation (“Kraft Heinz”), KRAFT HEINZ FOODS COMPANY, a Pennsylvania limited liability company (the “Parent Borrower”), the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the “Administrative Agent”).

WAIVER AND CONSENT TO CREDIT AGREEMENT
Waiver And • April 15th, 2014 • Momentive Performance Materials Inc. • Industrial organic chemicals • New York

WAIVER AND CONSENT (this “Waiver”), dated as of April 10, 2014, among MOMENTIVE PERFORMANCE MATERIALS HOLDINGS INC., a Delaware corporation (“Holdings”), MOMENTIVE PERFORMANCE MATERIALS INC., a Delaware corporation (“Intermediate Holdings”), MOMENTIVE PERFORMANCE MATERIALS USA INC., a Delaware corporation (the “U.S. Borrower”), MOMENTIVE PERFORMANCE MATERIALS GMBH (formerly known as BLITZ 06-103 GMBH), a company organized under the laws of Germany (the “German Borrower”), MOMENTIVE PERFORMANCE MATERIALS NOVA SCOTIA ULC, an unlimited company incorporated under the laws of the Province of Nova Scotia (Canada) (the “Canadian Borrower”, and, together with the U.S. Borrower and the German Borrower, the “Borrowers”), the Lenders party hereto (collectively, the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent under the Second Amended and Restated Credit Agreement, dated as of April 24, 2013, among Holdings, Inte

WAIVER AND RELEASE OF LIEN RIGHTS UPON PAYMENT AMOUNT LISTED
Waiver And • February 7th, 2012

For the construction of improvements known as , (as described in the contract agreement between parties for address listed below to include but not be limited to materials and/or labor)

WAIVER AND AMENDMENT NO. 5 TO NOTE, dated as of January 25, 2010 (this “Amendment”)
Waiver And • February 3rd, 2010 • Brandpartners Group Inc • Services-management consulting services • New York

WHEREAS, BPG, BPR, and CMII are parties to a certain Subordinated Note and Warrant Purchase Agreement of October 22, 2001, as amended by Amendment No. 1 and Waiver dated as of May 14, 2002, Amendment No. 2 and Waiver dated as of August 9, 2002, Amendment No. 3 and Waiver dated as of January 7, 2004, Amendment No. 4, dated as of May 5, 2005, Amendment No. 5 and Waiver, dated as of March 28, 2007 and Amendment No. 6, dated as of March 27, 2008 (the “Purchase Agreement”), pursuant to which BPR has issued and sold to CMII a subordinated promissory note in the original principal amount of $5,000,000 with a final maturity of October 29, 2010 (as amended by Amendment No. 1, dated as of January 7, 2004, Amendment No. 2, dated as of March 27, 2008, Amendment No. 3, dated as of March 31, 2009 and Waiver and Amendment No. 4, dated as of November 17, 2009, the “Original Note” and as amended hereby, the “Note”) and BPG has issued and sold to CMII certain warrants for the purchase of an aggregate of

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Waiver And • April 15th, 2022

IN CONSIDERATION of Adventure Sports Center, Inc., Adventure Sports Center International, LLC (collectively “ASCI”), Everbright Pacific, LLC dba Wisp Resort (“Everbright”),and their owners, shareholders, officers, partners, members, directors, employees, volunteers, agents, parents, subsidiaries and affiliates, and the Board of County Commissioners of Garrett County, Maryland (“County”) (collectively the “Released Parties”) allowing me to participate in any and all recreational activities or events in which ASCI, Everbright, or the County are in any way involved (the “Activities”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legaland personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):

WAIVER AND AMENDMENT NO. 1
Waiver And • March 30th, 2012 • Isola Group Ltd. • Plastic materials, synth resins & nonvulcan elastomers • New York

This WAIVER AND AMENDMENT NO. 1, dated as of May 19, 2011 (this “Waiver”), to the Credit and Guaranty Agreement, dated as of September 30, 2010 (the “Credit Agreement”), by and among ISOLA USA CORP., a Delaware corporation (“Borrower”), ISOLA GROUP, a Luxembourg limited liability company (“Lux 1”), HATTRICK LUX NO. 2 S.ÀR.L., a Luxembourg limited liability company, HATTRICK LUX NO. 4 S.ÀR.L., a Luxembourg limited liability company, HATTRICK HOLDINGS U.S. INC., a Delaware corporation, the other Guarantors party thereto, the Lenders party thereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC, as syndication agent, as Administrative Agent (“Administrative Agent”), as collateral agent, and as documentation agent. Capitalized terms used herein not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.

WAIVER AND SECOND AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT
Waiver And • March 20th, 2014 • Enservco Corp • Oil & gas field services, nec

THIS WAIVER AND SECOND AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT (this ''Amendment"), dated as of May 3, 2013, is entered into by and among ENSERVCO CORPORATION, a Delaware corporation ("Enservco"), DILLCO FLUID SERVICE, INC., a Kansas corporation ("Dillco''), and HEAT WAVES HOT OIL SERVICES LLC, a Colorado limited liability company (""Heat Waves (Enservco, Dillco and Heat Waves, each, a "Borrower" and collectively, “Borrowers"), PNC BANK, NATIONAL ASSOCIATION, as the sole Lender on the date hereof, and PNC BANK, NATIONAL ASSOCIATION, as Agent for the Lenders (in such capacity, "Agent"), with reference to the following facts:

WAIVER AND RELEASE OF CLAIMS
Waiver And • November 1st, 2013 • Education Management Corporation • Services-educational services
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Waiver And • December 30th, 2019 • Iowa

IN CONSIDERATION of Hy-Vee, Inc., an Iowa corporation (hereinafter, “Hy-Vee” or “Contest Organizer”) allowing me to participate in any Hy-Vee sponsored or organized contest (the “Contest” or “Contests”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);

WAIVER AND CONSENT
Waiver And • November 6th, 2006 • El Paso Exploration & Production Co • Crude petroleum & natural gas • New York

THIS WAIVER AND CONSENT (herein called this “Waiver and Consent”) dated as of September 29, 2006, is among EL PASO EXPLORATION & PRODUCTION COMPANY (formerly El Paso Production Holding Company), EL PASO E&P COMPANY, L.P. (formerly El Paso Production Oil & Gas USA, L.P.) (individually, a “Borrower” and collectively, the “Borrowers”), and FORTIS CAPITAL CORP. (“Fortis”), as administrative agent (the “Administrative “Agent”) for the Lenders party to the Credit Agreement (as defined below).

WAIVER AND AMENDMENT DATED AS OF NOVEMBER 12, 2002 TO CREDIT AGREEMENT DATED AS OF April 25, 2001
Waiver And • November 13th, 2002 • New Horizons Worldwide Inc • Services-educational services

This Waiver and Amendment dated as of November 12, 2002 to Credit Agreement dated as of April 25, 2001 (this “Waiver”) is made by and among NEW HORIZONS WORLDWIDE, INC., a Delaware corporation (the “Company”), lenders parties hereto (the “Banks”), and BANK OF AMERICA, N.A., as letter of credit issuing bank and as agent for the Banks (in its capacity as agent, together with any successors and assigns, the “Agent”). Terms used but not defined herein have the meanings specified in the Credit Agreement referenced below.

WAIVER AND SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Waiver And • March 16th, 2017 • Enphase Energy, Inc. • Semiconductors & related devices • California

This WAIVER AND SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement") dated as of December 21, 2016, by and between Enphase Energy, Inc., a Delaware corporation ("Borrower"), the lenders party hereto, and Wells Fargo Bank, National Association, as administrative agent for the Lenders ("Agent").

WAIVER AND AMENDMENT TO AMENDED AND RESTATED SECOND LIEN CREDIT, NOTE PURCHASE EXCHANGE AND TERMINATION AGREEMENT
Waiver And • August 17th, 2015 • Syncardia Systems Inc • Surgical & medical instruments & apparatus • New York

THIS WAIVER AND AMENDMENT TO AMENDED AND RESTATED SECOND LIEN CREDIT, NOTE PURCHASE EXCHANGE AND TERMINATION AGREEMENT (the “Agreement”) dated as of June 19, 2015 is entered into among SynCardia Systems, Inc., a Delaware corporation (the “Borrower”), the Investors party hereto and Cantor Fitzgerald Securities, as Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Omnibus Reaffirmation (as defined below).

HOLD HARMLESS AGREEMENT RE: ENTRY ON COMPANY PREMISES
Waiver And • July 18th, 2019

In consideration of the granting by HAWAIIAN ELECTRIC COMPANY, INC. (“Company”) of permission for guests of the Company to go on or use the premises of Company, the undersigned (the “Guest”), for himself/herself and as a representative of his/her employer and/or company, , hereby WAIVES and RELEASES any and all rights that he/she or his employer/company might now or in the future have to claim or bring an action against Company, its officers, directors, employees, agents and servants (“Company Representatives”), on account of personal injury or death, or damage to or loss of property, arising out of, incident to, or resulting directly or indirectly from the presence of such Guest(s) on the premises of Company, whether such injury, death, damage or loss is contributed to by the negligence of Company or Company Representatives, and whether due to the imperfections of the premises themselves, or any equipment thereon.

WAIVER AND SIXTH AMENDMENT
Waiver And • March 23rd, 2018 • Comscore, Inc. • Services-business services, nec • New York

THIS WAIVER AND SIXTH AMENDMENT (this “Amendment”) dated as of August 19, 2016 to the Credit Agreement referenced below is by and among COMSCORE, INC., a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., in its capacity as administrative agent (in such capacity, the “Administrative Agent”).

WAIVER AND RELEASE OF LIABILITY AGREEMENT
Waiver And • July 8th, 2023
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WAIVER AND CONSENT
Waiver And • April 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas

THIS WAIVER AND CONSENT is entered into this 11th day of October, 2007, by and between Enable Capital Management (“Enable”) and Star Energy corporation (“Star”).

WAIVER AND AMENDMENT --------------------
Waiver And • July 1st, 2002 • Hauser Inc • Medicinal chemicals & botanical products
WAIVER AND FIRST AMENDMENT TO LOAN DOCUMENTS
Waiver And • August 9th, 2012 • Icg Group, Inc. • Services-management consulting services • Pennsylvania

WAIVER AND FIRST AMENDMENT TO LOAN DOCUMENTS (this “Amendment”), dated as of August 9, 2012, among PROCURIAN USA INC. (f/k/a/ ICG Commerce, Inc.) (“Procurian”), ICG COMMERCE INVESTMENTS, LLC (“Investments”), PROCURIAN INTERNATIONAL I LLC (f/k/a ICG Commerce International, LLC) (“International I”), PROCURIAN INC. (f/k/a ICG Commerce Holdings, Inc.) (“Holdings” and together with Procurian, Investments and International I, collectively the “Borrower”), and PNC BANK, NATIONAL ASSOCIATION (the “Bank”).

AMENDMENT TO WAIVER AND CONSENT
Waiver And • April 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas • New York

THIS AMENDMENT (“the Amendment”) to the Waiver and Consent dated the 11th day of October, 2007, by and among Wolverine Asset Management LL (“WAM”), on its own behalf and on behalf of its affiliates, Wolverine Convertible Arbitrage Fund Trading Ltd. And GPC LX LLC (collectively, “Wolverine”) and Star Energy Corporation (“Star”) (the “Waiver and Consent”) is entered into between Wolverine and Star this 9th day of April, 2008.

WAIVER AND FIFTH AMENDMENT
Waiver And • March 23rd, 2018 • Comscore, Inc. • Services-business services, nec • New York

THIS WAIVER AND FIFTH AMENDMENT (this “Amendment”) dated as of July 19, 2016 to the Credit Agreement referenced below is by and among COMSCORE, INC., a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., in its capacity as administrative agent (in such capacity, the “Administrative Agent”).

AGREEMENT
Waiver And • July 30th, 2020 • Nevada

ability to participate, provide services for , conduct, prepare for or participate in any rodeo or affiliated activities leading up or related to, or otherwise attend or be present at the 2020 EUREKA COUNTY FAIR & RODEO Sanctioned events (hereinafter, the "Events " ) (and hereinafter, collectively , the "Activities") . The undersigned, on behalf of himself/herself, his/her personal representative, heirs, and next of kin (hereinafter collectively, the "UNDERSIGNED") hereby:

WAIVER AND AMENDMENT TO
Waiver And • March 3rd, 2016 • International Shipholding Corp • Deep sea foreign transportation of freight • New York

THIS WAIVER AND AMENDMENT (this “Waiver and Amendment”) is dated as of November 16, 2015, by and among (1) DRY BULK AMERICAS LTD., a corporation organized and existing under the laws of the British Virgin Islands (“Dry Bulk Americas”) and DRY BULK AUSTRALIA LTD., a corporation organized and existing under the laws of the British Virgin Islands (“Dry Bulk Australia”), as joint and several borrowers (the “Borrowers” and each a “Borrower”), (2) INTERNATIONAL SHIPHOLDING CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Guarantor”) and GULF SOUTH SHIPPING PTE. LTD, a corporation organized and existing under the laws of Singapore (the “GSS Guarantor”), as guarantors (3) the banks and financial institutions listed on Schedule I to the Facility Agreement, as lenders (together with any bank or financial institution which becomes a Lender pursuant to Section 12 of the Facility Agreement, as defined below, the “Lenders” and each a “Lender”), and (4)

WAIVER AND FIRST AMENDMENT TO SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Waiver And • February 23rd, 2012 • General Maritime Corp / MI • Deep sea foreign transportation of freight • New York

WAIVER AND FIRST AMENDMENT TO SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of February 14, 2012 (this “First Amendment”), by and among GENERAL MARITIME CORPORATION, a Marshall Islands corporation (the “Parent”), the other Guarantors listed on the signature pages hereto (the “Guarantors”), GENERAL MARITIME SUBSIDIARY CORPORATION, a Marshall Islands corporation (“GMSC”), GENERAL MARITIME SUBSIDIARY II CORPORATION, a Marshall Islands corporation (together with GMSC, the “Borrowers”), the Lenders party from time to time to the Credit Agreement referred to below (the “Lenders”) and NORDEA BANK FINLAND PLC, NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent. Unless otherwise defined herein, capitalized terms used herein and defined in the Credit Agreement are used herein as therein defined.

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Waiver And • March 12th, 2021

IN CONSIDERATION OF Hatch of PO Box 6340, Bozeman, MT 59771 and Moonlight Basin of 66 Mountain Loop Road, Big Sky, MT 59716 (collectively the “Released Parties”) allowing me, the undersigned (by or through my parent or guardian, if necessary) to participate in any and all recreational activities or events relating to or in connection with the Hatch Experience (the “Activities”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Waiver And • February 27th, 2019

By my signature and acceptance below, I hereby enter into this binding Liability Release & Hold Harmless Agreement (hereinafter referred to as the "Agreement"). I understand and acknowledge: (a) that the Ski to Sea Race (hereinafter referred to as the "Race") is potentially hazardous; (b) that the Race involves grueling physical activity in racing over rugged natural and man-made terrain and presents a significant challenge and risk of injury to myself and others; (c) that I am familiar with the risks involved; and (d) that I should not enter and participate unless I am medically able and properly trained. I realize participation in the Race is allowed in consideration of payment of the entry fee and my entering into this Agreement, and I acknowledge that such participation is adequate consideration for the rights herein released and obligations undertaken. Whatcom Events does not provide any assistance, monitoring, security, transportation, storage or other safe keeping of any equipme

WAIVER AND CONSENT TO CREDIT AGREEMENT Dated as of February 4, 2005
Waiver And • March 28th, 2005 • Worldspan L P • Services-computer processing & data preparation • New York

This WAIVER AND CONSENT (this “Agreement”) is among WORLDSPAN TECHNOLOGIES INC. (formerly known as Travel Transaction Processing Corporation), a Delaware corporation (“WTI”), WS HOLDINGS LLC, a Delaware limited liability company (“LP”), and WORLDSPAN, L.P., a Delaware limited partnership (the “Borrower”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

WAIVER AND OMNIBUS AMENDMENT TO LOAN DOCUMENTS
Waiver And • March 8th, 2010 • Martha Stewart Living Omnimedia Inc • Periodicals: publishing or publishing & printing • New York

WAIVER AND OMNIBUS AMENDMENT, dated as of December 18, 2009 (this “Waiver and Amendment”), relating to the AMENDED AND RESTATED LOAN AGREEMENT, dated as of August 7, 2009 (the “Loan Agreement”), among MSLO EMERIL ACQUISITION SUB LLC, a Delaware limited liability company (the “Borrower”), MARTHA STEWART LIVING OMNIMEDIA, INC., a Delaware corporation (the “Parent Guarantor”), and BANK OF AMERICA, N.A., in its individual capacity (the “Bank”) and as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”) for the Secured Parties (as defined in the Security Agreement referred to below).

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