WAIVER AND CONSENTWaiver and Consent • June 14th, 2007 • Talbots Inc • Retail-women's clothing stores
WAIVER AND CONSENTWaiver and Consent • August 3rd, 2009 • Wynn Stephen A
This WAIVER AND CONSENT (this "Waiver and Consent"), dated as of the 31st day of July, 2009, is entered into by and among Stephen A. Wynn ("Wynn"), an individual, Baron Investment Funds Trust (formerly known as Baron Asset Fund) ("Baron"), a Massachusetts business trust, and Aruze USA, Inc., a Nevada corporation ("Aruze").
SEVENTH AMENDMENT, WAIVER AND CONSENTWaiver and Consent • December 2nd, 2016 • Accelerated Pharma, Inc. • Pharmaceutical preparations
This Seventh Amendment, Waiver and Consent (“Seventh Consent”), is made and entered into as of December 1, 2016, by and among Accelerated Pharma, Inc., a Delaware corporation (the “Company”), and the parties identified on the signature page hereto (each a “Purchaser” and collectively, “Purchasers”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (as defined below). Capitalized terms defined herein shall be incorporated in the Transaction Documents, as appropriate.
WAIVER AND CONSENTWaiver and Consent • October 12th, 2023 • Marizyme, Inc. • Pharmaceutical preparations
This WAIVER AND CONSENT (this “Waiver and Consent”) is made and entered into as of July 21, 2023 by and between Marizyme, Inc., a Nevada corporation (the “Company”) and Alessandro Solimeo, an individual (the “Investor”).
WAIVER AND CONSENTWaiver and Consent • December 23rd, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated December 19, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and ComVest Capital, LLC (the “Warrant Holder”).
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • July 22nd, 2019 • Genius Brands International, Inc. • Services-motion picture & video tape production
This Amendment, Waiver and Consent (the “Amendment”), dated as of July 22, 2019, is by and among Genius Brands International, Inc., a Nevada corporation (the “Company”), and certain holders constituting (i) a majority-in-interest of the holders of the Company’s 10% Secured Convertible Notes due August 20, 2019 and (ii) 51% in interest of the shares of Common Stock issued pursuant to that certain Securities Purchase Agreement dated as of January 8, 2018, by and among the Company and each purchaser identified on the signature pages thereto (collectively, the “January 2018 Purchasers”) (the “January 2018 Purchase Agreement”), identified on the signature pages hereto (each an “Investor,” and collectively, the “Investors”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth for such terms in that certain Securities Purchase Agreement dated as of August 17, 2018 and as amended on February 14, 2019, by and among the Company and each purchaser identified
Waiver and ConsentWaiver and Consent • March 3rd, 2008 • China Solar & Clean Energy Solutions, Inc. • Household appliances
Reference is made to that certain Securities Purchase Agreement, dated as of June 13, 2007 (the “SPA”), by and among China Solar & Clean Energy, Inc., a Nevada corporation (the “Company”), and the investors listed on the schedule attached thereto (the “Investors”).
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • January 7th, 2009 • Innovative Food Holdings Inc • Wholesale-groceries, general line
This Amendment, Waiver and Consent Agreement made effective January 1, 2009 (“Waiver”) among Innovative Food Holdings, Inc., a Florida corporation (the “Company”), and the signators hereto who are Subscribers (“Subscribers”) under certain Subscription Agreements with the Company dated February 24, 2005 and August 25, 2005 (collectively, “Subscription Agreements”) as amended to include certain Promissory Notes dated February 7, 2006 (Alpha Capital Anstalt - $120,000, Whalehaven Capital Fund Limited - $30,000) and May 19, 2006 (Alpha Capital Anstalt - $10,000), respectively, as amended, and related documents (“Transaction Documents”).
ADOBE SYSTEMS, INC. WAIVER AND CONSENT December 12, 2016Waiver and Consent • December 15th, 2016 • Adobe Systems Inc • Services-prepackaged software • Delaware
THIS WAIVER (this “Waiver”) is made as of the date first set forth above, by and among Adobe Systems Incorporated, a Delaware corporation (the “Parent”), Tiger Acquisition Corporation, a Delaware Corporation (“Merger Sub”) and [ ] (the “Transferor”). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Tender and Support Agreement (as defined below).
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • May 3rd, 2010 • Verint Systems Inc • Services-computer integrated systems design • New York
AMENDMENT, WAIVER AND CONSENT (this “Consent”), dated as of April 27, 2010, with respect to the Credit Agreement dated as of May 25, 2007 (as modified by that certain Amendment, Resignation, Waiver, Consent and Appointment Agreement dated as of June 4, 2009, the “Credit Agreement”) among VERINT SYSTEMS INC. (the “Borrower”), the LENDERS from time to time party thereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse, Cayman Islands Branch), as Administrative Agent (the “Administrative Agent”).
WAIVER AND CONSENTWaiver and Consent • April 4th, 2005 • Aaipharma Inc • Services-testing laboratories • New York
WAIVER AND CONSENT, dated as of March 28, 2005 (this “Waiver”), with respect to the Financing Agreement, dated as of April 23, 2004 (as amended, restated or otherwise modified from time to time, the “Financing Agreement”), by and among aaiPharma Inc., a Delaware corporation (the “Parent”), Applied Analytical Industries Learning Center, Inc., a Delaware corporation (“Applied Analytical”), AAI Technologies, Inc., a Delaware corporation (“AAI Technologies”), AAI Properties, Inc., a North Carolina corporation (“AAI Properties”), AAI Japan, Inc., a Delaware corporation (“AAI Japan”), Kansas City Analytical Services, Inc., a Kansas corporation (“Analytical Services”), AAI Development Services, Inc., a Massachusetts corporation (“AAI Development-MA”), aaiPharma LLC, a Delaware limited liability company (“Pharma LLC”) and AAI Development Services, Inc., a Delaware corporation (“AAI Development-DE”, and together with the Parent, Applied Analytical, AAI Technologies, AAI Properties, AAI Japan, A
WAIVER AND CONSENTWaiver and Consent • April 28th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places
This Waiver and Consent is made this 28th day of April 2008, between Max & Erma’s Restaurants, Inc., a Delaware corporation (the “Borrower”) and National City Bank, a national banking association, in its capacity as agent under the Credit Agreement (as defined below) and as the sole lender under the Credit Agreement (National City Bank, in each such capacity, the “Lender”).
WAIVER AND CONSENTWaiver and Consent • April 17th, 2008 • China Green Agriculture, Inc. • Agricultural chemicals
THIS WAIVER AND CONSENT (this “Agreement”) is made on the 4th of April, 2008 by and among CHINA GREEN AGRICULTURE, INC., a Nevada corporation (the “Company”), and each of the other signatories hereto (collectively, the “Investors”, each signatory, “Investor”). Each of the capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the SPA (as defined below).
THIRD AMENDMENT, WAIVER AND CONSENTWaiver and Consent • October 11th, 2016 • Accelerated Pharma, Inc. • Pharmaceutical preparations
This Third Amendment, Waiver and Consent (“Third Consent”) is made and entered into as of March ___, 2016, by and among Accelerated Pharma, Inc., a Delaware corporation (the “Company”), and the parties identified on the signature page hereto (each a “Prior Purchaser” and collectively, “Prior Purchasers”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (as defined below). Capitalized terms defined herein shall be incorporated in the Transaction Documents, as appropriate.
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • March 20th, 2007 • TWL Corp • Services-educational services
This Amendment, Waiver and Consent (this “Waiver”), dated as of March 13, 2007, is entered into by and among TWL CORPORATION (formerly Trinity Learning Corporation), a Utah corporation (the “Company”), TWL KNOWLEDGE GROUP, INC. (formerly Trinity Workplace Learning Corporation), a Delaware corporation (“TWLK”) and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”). All terms used herein but not defined herein shall have the meaning ascribed such terms in the Security Agreement (as defined below).
WAIVER AND CONSENTWaiver and Consent • January 26th, 2022 • GTY Technology Holdings Inc. • Services-computer processing & data preparation
THIS WAIVER AND CONSENT (“Waiver and Consent”) is provided by David Farrell (“Executive”) to GTY Technology Holdings Inc. (the “Company”) effective as of January 26, 2022 (the “Effective Date”).
AMENDMENT OF WAIVER AND CONSENTWaiver and Consent • November 4th, 2014 • Hertz Corp • Services-auto rental & leasing (no drivers) • New York
AMENDMENT OF WAIVER AND CONSENT under the Credit Agreement referred to below, dated as of September 24, 2014 (this “Amendment”), among THE HERTZ CORPORATION, a Delaware corporation (the “Parent Borrower”), PUERTO RICANCARS, INC., a Puerto Rico corporation (“Puerto Ricancars” and, together with the Parent Borrower, the “Borrowers”), GELCO Corporation d/b/a GE Fleet Services (“GELCO”), as administrative agent, domestic collateral agent and PRUSVI collateral agent under the Credit Agreement referred to below (in such capacities, respectively, the “Administrative Agent”, the “Domestic Collateral Agent” and the “PRUSVI Collateral Agent”), and the other parties signatory hereto.
WAIVER AND CONSENT SILICA TECH, LLCWaiver and Consent • August 10th, 2009 • Us Solartech Inc • Semiconductors & related devices • New York
WAIVER AND CONSENTWaiver and Consent • November 23rd, 2004 • National Beef Packing Co LLC • Meat packing plants
This Waiver and Consent ("Waiver") is made as of October 6, 2004, by and among NATIONAL BEEF PACKING COMPANY, LLC, a Delaware limited liability company, successor by conversion to Farmland National Beef Packing Company, L.P., a Delaware limited partnership (the "Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association ("U.S. Bank"), in its capacity as Agent for the Lenders (in such capacity, the "Agent") and as one of the Lenders, and the other financial institutions signatory hereto (together with U.S. Bank, being at least the Required Lenders).
WAIVER AND CONSENTWaiver and Consent • August 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas
THIS WAIVER AND CONSENT is entered into this 30th day of June, 2008, by and among Wolverine Asset Management LLC (“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”).
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • November 26th, 2012 • Document Security Systems Inc • Services-computer integrated systems design
This Amendment, Waiver and Consent, dated as of November 20, 2012, is among Document Security Systems, Inc., a New York corporation (“Parent”), DSSIP, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Lexington Technology Group, Inc., a Delaware corporation (the “Company”), and Hudson Bay Master Fund Ltd. (“Company Representative”) as representatives of the stockholders of the Company.
WAIVER AND CONSENTWaiver and Consent • October 26th, 2007 • Fushi International Inc • Steel pipe & tubes
This Waiver and Consent (the “Waiver”) is made as of October 26, 2007, by and among Fushi International Inc., a Nevada corporation (the “Company”), Fushi Holdings, Inc. (“FHI”), Fushi International (Dalian) Bimetallic Cable Co., Ltd., (“WFOE”), and Dalian Fushi Bimetallic Manufacturing Co., Ltd. (“Dalian Fushi”, and together with the Company, FHI, the WFOE and any other subsidiary (the “Group Companies”), Mr. Fu Li (the “Controlling Shareholder”) (c) Mr. Fu Li, Mr. Mathus Yang Yue, and Mr. Chris Wang Wenbing, (together with Mr. Fu Li and Mr. Mathus Yang Yue, the “Senior Management”) and Citadel Equity Fund, Ltd (the “Purchaser”).
WAIVER AND CONSENTWaiver and Consent • December 23rd, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated December 19, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and Manufacturers and Traders Trust Company (the “Warrant Holder”).
WAIVER AND CONSENTWaiver and Consent • January 26th, 2022 • GTY Technology Holdings Inc. • Services-computer processing & data preparation
THIS WAIVER AND CONSENT (“Waiver and Consent”) is provided by TJ Parass (“Executive”) to Questica Software Inc., assignee of GTY Technology Holdings Inc. (the “Company”) effective as of January 26, 2022 (the “Effective Date”).
WAIVER AND CONSENTWaiver and Consent • August 14th, 2008 • Star Energy Corp • Crude petroleum & natural gas
THIS WAIVER AND CONSENT is entered into this 30th day of June, 2008, by and among Enable Capital Management, on its own behalf and on behalf of its affiliates, Enable Growth Partners LP, Enable Opportunity Partners LP and Pierce Diversified Strategy Master Fund LLC (collectively, “Enable”), and Star Energy Corporation (“Star”)
WAIVER AND CONSENTWaiver and Consent • November 14th, 2008 • Clearpoint Business Resources, Inc • Services-help supply services
This Waiver and Consent (this “Agreement”), dated November 12, 2008, is entered into by and among ClearPoint Business Resources, Inc. (the “Company”) and Manufacturers and Traders Trust Company (the “Warrant Holder”).
WAIVER AND CONSENTWaiver and Consent • May 22nd, 2023 • T2 Biosystems, Inc. • Surgical & medical instruments & apparatus • New York
THIS WAIVER AND CONSENT, dated as of May 19, 2023 (this “Waiver”), is made among T2 BIOSYSTEMS, INC., a Delaware corporation (“Borrower”), CRG SERVICING LLC, as administrative agent and collateral agent (in such capacities, “Administrative Agent”) and the lenders listed on the signature pages hereof under the heading “LENDERS” (each, a “Lender” and, collectively, the “Lenders”), with respect to the Loan Agreement described below.
WAIVER AND CONSENTWaiver and Consent • January 4th, 2008 • EVCI Career Colleges Holding Corp • Services-educational services
Each of the undersigned is the holder of a Secured Convertible Promissory Note dated May 23, 2007 (each a “Note” and collectively the “Notes”) issued to the undersigned by EVCI Career Colleges Holding Corp. (the “Company”), and as such is entitled to the benefits of and is subject to the terms of (i) the Security Agreement dated as of May 23, 2007 by and among the Company, its Subsidiaries and ComVest Investment Partners III, L.P., as Agent (the “Security Agreement”), and (ii) the Intercreditor Agreement dated as of April 24, 2007 by and among the undersigned, the Company and Harris N.A. (the “Intercreditor Agreement”). The Notes, the Security Agreement and the Intercreditor Agreement are collectively referred to herein as the “Documents”.
WAIVER AND CONSENTWaiver and Consent • May 15th, 2007 • Digital Recorders Inc • Communications equipment, nec
This WAIVER (this “Waiver”), dated as of April 30, 2007, is entered into by and between by and between Digital Recorders, Inc., a North Carolina corporation (the “Company”), Twinvision of North America, Inc., a North Carolina corporation (“Twinvision”), Digital Audio Corporation, a North Carolina corporation (“DAC”), and Robinson-Turney International, Inc., a Texas corporation (“RTI” and together with the Company, Twinvision and DAC, the “Credit Parties” and each a “Credit Party”) and Laurus Master Fund, Ltd., a Cayman Islands company (the “Purchaser”), for the purpose of amending and amending and restating and waiving certain terms of that certain Security Agreement, dated as of March 15, 2006 (the “Initial Closing Date”), by and between the Credit Parties and Purchaser (as amended, modified or supplemented from time to time, the “Security Agreement”); that certain Secured Non-Convertible Revolving Note, dated March 15, 2006 made by the Company in favor of Purchaser for the total prin
WAIVER AND CONSENTWaiver and Consent • August 19th, 2009 • Wynn Resorts LTD • Services-miscellaneous amusement & recreation
This WAIVER AND CONSENT (this "Waiver and Consent"), dated as of the 13th day of August, 2009, is entered into by and between Stephen A. Wynn ("Wynn"), an individual, and Aruze USA, Inc., a Nevada corporation ("Aruze").
AMENDMENT, WAIVER AND CONSENTWaiver and Consent • October 11th, 2016 • Accelerated Pharma, Inc. • Pharmaceutical preparations
This Amendment, Waiver and Consent (“Consent”) is made and entered into as of May 8, 2015, by and among Accelerated Pharma, Inc., a Delaware corporation (the “Company”), and the parties identified on the signature page hereto (each a “Purchaser” and collectively, “Purchasers”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements (as defined below).
SECOND WAIVER AND CONSENTWaiver and Consent • March 8th, 2006 • Navistar Financial Corp • Miscellaneous business credit institution • New York
SECOND WAIVER AND CONSENT, dated as of March __, 2006 (this “Waiver”), to the Amended and Restated Credit Agreement, dated as of July 1, 2005 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among NAVISTAR FINANCIAL CORPORATION, a Delaware corporation, ARRENDADORA FINANCIERA NAVISTAR, S.A. DE C.V., ORGANIZACIÓN AUXILIAR DEL CRÉDITO, a Mexican corporation, SERVICIOS FINANCIEROS NAVISTAR, S.A. DE C.V., SOCIEDAD FINANCIERA DE OBJETO LIMITADO, a Mexican corporation, and NAVISTAR COMERCIAL, S.A. DE C.V., a Mexican corporation (each, a “Borrower” and collectively, the “Borrowers”), the several lenders from time to time parties thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), BANK OF AMERICA, N.A., as syndication agent (in such capacity, the “Syndication Agent”), and THE BANK OF NOVA SCOTIA, as documentation agent (in such capacity, the “Documentation Agent”).
AMENDED AND RESTATED FIFTH AMENDMENT, WAIVER AND CONSENTWaiver and Consent • December 2nd, 2016 • Accelerated Pharma, Inc. • Pharmaceutical preparations
This Amended and Restated Fifth Amendment, Waiver and Consent (“Amended Fifth Consent”) which supersedes the Fifth Amendment, Waiver and Consent entered into on July 15, 2016, is made and entered into as of September 20, 2016, by and among Accelerated Pharma, Inc., a Delaware corporation (the “Company”), and the parties identified on the signature page hereto (each a “Purchaser” and collectively, “Purchasers”). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (as defined below). Capitalized terms defined herein shall be incorporated in the Transaction Documents, as appropriate.
WAIVER AND CONSENTWaiver and Consent • November 4th, 2014 • Hertz Corp • Services-auto rental & leasing (no drivers) • New York
WAIVER AND CONSENT under the Credit Agreement referred to below, dated as of October 31, 2014 (this “Consent”), among THE HERTZ CORPORATION, a Delaware corporation (the “Parent Borrower”), PUERTO RICANCARS, INC., a Puerto Rico corporation (“Puerto Ricancars” and, together with the Parent Borrower, the “Borrowers”), GELCO Corporation d/b/a GE Fleet Services (“GELCO”), as administrative agent, domestic collateral agent and PRUSVI collateral agent under the Credit Agreement referred to below (in such capacities, respectively, the “Administrative Agent”, the “Domestic Collateral Agent” and the “PRUSVI Collateral Agent”), and the other parties signatory hereto.
WAIVER AND CONSENTWaiver and Consent • September 29th, 2003 • Kinetic Concepts Inc /Tx/ • Miscellaneous furniture & fixtures • Texas
THIS WAIVER AND CONSENT (this “Waiver and Consent”), dated December , 2002 but effective for all purposes as of September 27, 2002, is executed by KINETIC CONCEPTS, INC., a Texas corporation (the “Company”), JAMES R. LEININGER (“Pledgor”), each of the SHAREHOLDERS of the Company under that certain Agreement Among Shareholders (the “Shareholders’ Agreement”), dated November 5, 1997, by and among the Company and the Shareholders of the Company named therein (such shareholders, other than Pledgor, referred to herein as the “Shareholders”), JPMORGAN CHASE BANK, a New York banking corporation (“Chase”), in its capacity as administrative agent for the Lenders (as defined herein) (in such capacity, together with its successors in such capacity, “Administrative Agent”), and Chase and BANK ONE, NA, in their capacity as lenders (together with their respective successors and assigns, individually a “Lender” and collectively the “Lenders”) and as issuing lenders. (Capitalized terms not defined her
