Waiver and First Amendment Sample Contracts

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Waiver and First Amendment • June 27th, 2007 • MTM Technologies, Inc. • Services-computer integrated systems design

WAIVER and FIRST AMENDMENT, dated as of June 21, 2007 (this “Waiver”), executed in connection with the LOAN AND SECURITY AGREEMENT, dated as of June 8, 2005 (as the same has heretofore been amended and may hereafter be amended, restated, modified or supplemented from time to time, the “Loan and Security Agreement”), among MTM TECHNOLOGIES, INC., a New York corporation (“Parent”), each of its subsidiaries that is a party thereto (each of Parent and each such subsidiary, a “Company” and collectively the “Companies”), and any other entity that becomes a party thereto as a borrower and TEXTRON FINANCIAL CORPORATION, a Delaware corporation (“TFC”). Terms which are capitalized in this Waiver and not otherwise defined shall have the meanings ascribed to such terms in the Loan and Security Agreement.

Waiver and First Amendment February 3, 2012
Waiver and First Amendment • February 7th, 2012 • CDC Corp • Services-prepackaged software

Reference is made to that certain Share Purchase Agreement dated as of February 1, 2012, by and among CDC Corporation (“Debtor”), CDC Software International Corporation (“Software International”) and Archipelago Holdings (“Purchaser”) (the “Purchase Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Purchase Agreement. Purchaser hereby grants Debtor and Software International a limited waiver of Section 4.01(e) of the Purchase Agreement to extend the date by which Debtor shall obtain entry of the Bidding Procedures Order to February 16, 2012 (the hearing date scheduled by the Bankruptcy Court). In addition, the reference to “two (2) Business Days” in the first sentence of Section 4.01(e) of the Purchase Agreement shall be deleted and replaced with a reference to “three (3) Business Days”. This waiver and amendment shall be effective following your execution and delivery of this waiver and amendment.

WAIVER AND FIRST AMENDMENT
Waiver and First Amendment • October 11th, 2007 • Beazer Homes Usa Inc • Operative builders • North Carolina

WAIVER AND FIRST AMENDMENT, dated as of October 10, 2007 (this “First Amendment”), to and under the Credit Agreement, dated as of July 25, 2007 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among Beazer Homes USA, Inc., a Delaware corporation (the “Borrower”), the several lenders from time to time parties thereto (the “Lenders”) and Wachovia Bank, National Association, as agent (in such capacity, the “Agent”).

WAIVER AND FIRST AMENDMENT
Waiver and First Amendment • January 16th, 2014 • Parametric Sound Corp • Communications equipment, nec • New York

THIS WAIVER AND FIRST AMENDMENT, dated as of July 17, 2013 (this “First Amendment”), to the Credit Agreement, dated as of August 22, 2012 (as the same may from time to time be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among VOYETRA TURTLE BEACH, INC., a Delaware corporation (the “Borrower”), VTB HOLDINGS, INC., a Delaware corporation (“Holdings”), the various financial institutions and other Persons from time to time party thereto (the “Lenders”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent and collateral agent for the lenders (in such capacity, the “Agent”).

WAIVER AND FIRST AMENDMENT
Waiver and First Amendment • December 26th, 2012 • Ingles Markets Inc • Retail-grocery stores • North Carolina

THIS WAIVER AND FIRST AMENDMENT, dated as of July 31, 2009 (this “Amendment”), among INGLES MARKETS, INCORPORATED, a North Carolina corporation (the “Borrower”), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), L/C Issuer and Swing Line Lender.

WAIVER AND FIRST AMENDMENT
Waiver and First Amendment • July 12th, 2011 • Medquist Inc • Services-computer processing & data preparation • New York

This WAIVER AND FIRST AMENDMENT, dated as of July 11, 2011 (this “Waiver and First Amendment”), is entered into among CBay Inc., a Delaware corporation (“CBay”), MedQuist Inc., a New Jersey corporation (“MedQuist”), MedQuist Transcriptions, Ltd., a New Jersey corporation (“MedQuist Transcriptions”, and together with CBay and MedQuist, the “Issuers”), MedQuist Holdings Inc., a Delaware corporation (“Holdings”), MedQuist, as Issuer Representative, BlackRock Kelso Capital Corporation (“BKC”), PennantPark Investment Corporation (“Pennant”), Citibank, N.A. (“Citibank”), and THL Credit, Inc. (“THL” and together with BKC, Pennant, Citibank and the other Purchasers from time to time parties hereto, collectively, the “Purchasers”).

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