EXHIBIT 99.2 ------------ WAIVER AND FORBEARANCE AGREEMENT WAIVER AND FORBEARANCE AGREEMENT dated as of May 2, 2003 (the "AGREEMENT"), among The Penn Traffic Company, Dairy Dell, Inc., Big M Supermarkets Inc. and Penny Curtiss Baking Company Inc....Waiver and Forbearance Agreement • May 5th, 2003 • Penn Traffic Co • Retail-grocery stores • New York
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 18th, 2015 • Quicksilver Resources Inc • Crude petroleum & natural gas
This WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”), dated as of March 16, 2015, to and under the Combined Credit Agreements referenced below is among QUICKSILVER RESOURCES INC., (the “U.S. Borrower”), QUICKSILVER RESOURCES CANADA INC., (the “Canadian Borrower”) (collectively, the “Combined Borrowers”), the Guarantors, JPMORGAN CHASE BANK, N.A., as global administrative agent (in such capacity, the “Global Administrative Agent”), JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian administrative agent (in such capacity, the “Canadian Administrative Agent” and, together with the Global Administrative Agent, the “Administrative Agents”), and each of the Issuing Bank (as used herein to refer to the Issuing Bank under each of the Combined Credit Agreements) and Combined Lenders party hereto.
EXECUTION VERSION AMENDMENT NO. 7 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 5th, 2020 • New York
This AMENDMENT NO. 7 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of July 15, 2014 (the “Amendment”), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the “Borrower”) and its subsidiaries (collectively, the “Guarantors”, and together with the Borrower, the “Loan Parties”) and (ii) certain lenders under the Credit Agreement (collectively, the “Lenders”). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the “Parties.”
THIRD AMENDMENT TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • November 15th, 2010 • Center for Wound Healing, Inc. • Services-specialty outpatient facilities, nec
THIS THIRD AMENDMENT TO WAIVER AND FORBEARANCE AGREEMENT is made on November 12, 2010 (this “Agreement”), by and between Bison Capital Equity Partners II-A, L.P., a Delaware limited partnership, and Bison Capital Equity Partners II-B, L.P., a Delaware limited partnership (collectively, “Purchaser”), on the one hand, and The Center for Wound Healing, Inc., a Nevada corporation (the “Company”), on the other hand. Any capitalized term used but not otherwise defined herein shall have the same meaning as set forth in either the Waiver and Forbearance Agreement dated as of May 24, 2010 by and between Purchaser and the Company, as amended by that First Amendment to Waiver and Forbearance Agreement dated September 17, 2010 and Second Amendment to Waiver and Forbearance Agreement dated October 13, 2010 (as amended from time to time, the “Forbearance Agreement”) or the Securities Purchase Agreement dated as of March 31, 2008 by and between Purchaser and the Company, as amended by the First Amend
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • August 31st, 2023 • Tingo Group, Inc. • Food and kindred products • Delaware
This WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is given and entered into as of July 5, 2023, by and between Tingo Group, Inc. (f/k/a MICT, Inc.), a Delaware corporation, (the “Company”), and Agri-Fintech Holdings, Inc. (f/k/a Tingo Inc.), a Nevada corporation (the “Holder”), as applicable. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in that certain Certificate of Designation of Preferences, Rights and Limitations of Series B Preferred Stock filed by the Company with the Secretary of State of the State of Delaware on November 30, 2022 (the “Series B Certificate of Designations”).
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • August 8th, 2007 • Artistdirect Inc • Services-business services, nec • New York
This WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of August 3, 2007 by and among ARTISTdirect, Inc., a Delaware corporation, its subsidiaries and affiliates (collectively with ARTISTdirect, Inc., the “Company”) and the holders of the Company’s Convertible Subordinated Notes, dated July 28, 2005 (the “Subordinated Notes”), indicated on the signature pages hereto (the “Subordinated Note Holders”).
AMENDMENT NO. 6 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • June 27th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This AMENDMENT NO. 6 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of June 27, 2014 (the “Amendment”), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the “Borrower”) and its subsidiaries (collectively, the “Guarantors”, and together with the Borrower, the “Loan Parties”) and (ii) certain lenders under the Credit Agreement (collectively, the “Lenders”). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the “Parties.”
DELCATH SYSTEMS, INC. WAIVER AND FORBEARANCE AGREEMENT October 29, 2019Waiver and Forbearance Agreement • November 1st, 2019 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus
Reference is hereby made to those certain Registration Rights Agreements (the “Registration Rights Agreements”), dated as of July 11, 2019 (effective as of July 15, 2019), and August 15, 2019, as amended on September 30, 2019 and on October 18, 2019, and as being further amended on and as of the date hereof, between Delcath Systems, Inc. (the “Company”) and the Holders who are signatories thereto (including, without limitation, the Holders signing below). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Registration Rights Agreements.
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • October 13th, 2009 • Champion Enterprises Inc • Mobile homes • New York
THIS WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) to the Credit Agreement (as defined below), dated as of October 5, 2009, is entered into among CHAMPION HOME BUILDERS CO., a Michigan corporation (the “Borrower”), CHAMPION ENTERPRISES, INC., a Michigan corporation (the “Parent”), certain of the Lenders (such capitalized term and other capitalized terms used in this preamble and the recitals below to have the meanings set forth in, or are defined by reference in Article I below), CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as the Administrative Agent (in such capacity, the “Administrative Agent”), and, solely for purposes of Articles VI and VII, each Obligor signatory hereto.
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • February 14th, 2011 • Manhattan Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of January 10, 2011 by and among MANHATTAN PHARMACEUTICALS, INC., a Delaware corporation with a principal address at 48 Wall Street, New York, New York 10005 (the “Borrower” or the “Company”), and the other parties signatory hereto (each severally a “Lender” and collectively the “Lenders”).
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 24th, 2010 • Center for Wound Healing, Inc. • Services-specialty outpatient facilities, nec
THIS WAIVER AND FORBEARANCE AGREEMENT is made on May 24, 2010 (this “Agreement”), by and between Bison Capital Equity Partners II-A, L.P., a Delaware limited partnership, and Bison Capital Equity Partners II-B, L.P., a Delaware limited partnership (collectively, “Purchaser”), on the one hand, and The Center for Wound Healing, Inc., a Nevada corporation (the “Company”), on the other hand. Any capitalized term used but not otherwise defined herein shall have the same meaning as set forth in the Securities Purchase Agreement dated as of March 31, 2008 by and between Purchaser and the Company, as amended by the First Amendment to Securities Purchase Agreement dated as of April 16, 2009 and the Second Amendment to Securities Purchase Agreement dated February 12, 2010 (as otherwise amended, the “Securities Purchase Agreement”).
AMENDMENT NO. 1 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • April 15th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This AMENDMENT NO. 1 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of April 15, 2014 (the "Amendment"), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the "Borrower") and its subsidiaries (collectively, the "Guarantors", and together with the Borrower, the "Loan Parties") and (ii) certain lenders under the Credit Agreement (collectively, the "Lenders"). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the "Parties."
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • December 11th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
THIS WAIVER AND FORBEARANCE AGREEMENT ("Agreement") is made and entered into on December 5, 2104, by and between Southwest Iowa Renewable Fuels, LLC, an Iowa limited liability company ("SIRE") and ICM Investments, LLC, a Kansas limited liability company ("ICM")
CONSENT, CONFIRMATION, LIMITED WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 19th, 2023 • TILT Holdings Inc. • Cigarettes • Arizona
This Consent, Confirmation, Limited Waiver, and Forbearance Agreement (“Agreement”), dated as of May 15, 2023, is made by and among JIMMY JANG, L.P., a Delaware limited partnership, BAKER TECHNOLOGIES, INC., a Delaware corporation, COMMONWEALTH ALTERNATIVE CARE, INC., a Massachusetts corporation, and JUPITER RESEARCH, LLC, an Arizona limited liability company (collectively, the “Borrowers” and each a “Borrower”), TILT HOLDINGS INC., a British Columbia corporation (the “Parent”), and JORDAN GEOTAS, as noteholder representative (the “Noteholder Representative”) on behalf of the Noteholders.
FIRST AMENDMENT TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • October 14th, 2010 • Center for Wound Healing, Inc. • Services-specialty outpatient facilities, nec
THIS FIRST AMENDMENT TO WAIVER AND FORBEARANCE AGREEMENT is made on September 17, 2010 (this “Agreement”), by and between Bison Capital Equity Partners II-A, L.P., a Delaware limited partnership, and Bison Capital Equity Partners II-B, L.P., a Delaware limited partnership (collectively, “Purchaser”), on the one hand, and The Center for Wound Healing, Inc., a Nevada corporation (the “Company”), on the other hand. Any capitalized term used but not otherwise defined herein shall have the same meaning as set forth in either the Waiver and Forbearance Agreement dated as of May 24, 2010 by and between Purchaser and the Company (the “Forbearance Agreement”) or the Securities Purchase Agreement dated as of March 31, 2008 by and between Purchaser and the Company, as amended by the First Amendment to Securities Purchase Agreement dated as of April 16, 2009, the Second Amendment to Securities Purchase Agreement dated February 12, 2010, the Third Amendment to Securities Purchase Agreement dated Ma
ContractWaiver and Forbearance Agreement • May 5th, 2020
EX-10.1 2 d1470172_ex10-1.htm Exhibit 10.1 EXECUTION COPY AMENDMENT NO. 1 TO WAIVER AND FORBEARANCE AGREEMENT This AMENDMENT NO. 1 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of April 15, 2014 (the "Amendment"), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the "Borrower") and its subsidiaries (collectively, the "Guarantors", and together with the Borrower, the "Loan Parties") and (ii) certain lenders under the Credit Agreement (collectively, the "Lenders"). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the "Parties." RECITALS WHEREAS, the Loan Parties and Lenders constituting the "Majority Lenders," as that term is defined in the Credit Agreement, entered into that certain Waiver and Forbearance Agreement dated as of March 19, 2014 (as amended to date and as may be further amended, the "Waiver and Forbearance Agreement"). WHEREAS, on or about April 1, 2014, the Loan Parties disclosed that they had failed to meet the m
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • February 17th, 2011 • SouthPeak Interactive CORP • Services-prepackaged software • New York
This Waiver and Forbearance Agreement (the “Agreement”) is made and entered into, effective as of February __, 2011 (the “Effective Date”), by and among SouthPeak Interactive Corporation, Inc., a Delaware corporation (the “Company”), and the note holder listed on the signature page hereto (the “Holder”). Unless otherwise specified herein, capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Notes.
Waiver and Forbearance AgreementWaiver and Forbearance Agreement • November 12th, 2009 • Ediets Com Inc • Services-personal services • Delaware
This Waiver and Forbearance Agreement (the “Agreement”) dated as of November 11, 2009, is among eDiets.com, Inc., a Delaware corporation with offices at 1000 Corporate Drive, Suite 600, Fort Lauderdale, FL 33334 (the “Company”) and the undersigned security holders (collectively, the “Security Holders”).
AMENDMENT NO. 3 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 15th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This AMENDMENT NO. 3 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of May 15, 2014 (the “Amendment”), is made and entered into by and among
AMENDMENT NO. 2 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • May 1st, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This AMENDMENT NO. 2 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of April 30, 2014 (the "Amendment"), is made and entered into by and among
AMENDMENT NO. 5 TO WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • June 5th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This AMENDMENT NO. 5 TO WAIVER AND FORBEARANCE AGREEMENT, dated as of June 5, 2014 (the “Amendment”), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the “Borrower”) and its subsidiaries (collectively, the “Guarantors”, and together with the Borrower, the “Loan Parties”) and (ii) certain lenders under the Credit Agreement (collectively, the “Lenders”). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the “Parties.”
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • March 31st, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This WAIVER AND FORBEARANCE AGREEMENT, dated as of March 19, 2014 (the “Agreement”), is made and entered into by and among (i) Eagle Bulk Shipping Inc. (the “Borrower”) and its subsidiaries (collectively, the “Guarantors”, and together with the Borrower, the “Loan Parties”) and (ii) certain lenders under the Credit Agreement (as defined below) (collectively, the “Lenders”). The Loan Parties and the Lenders party hereto are hereinafter referred to collectively as the “Parties.”
WAIVER AND FORBEARANCE AGREEMENTWaiver and Forbearance Agreement • October 17th, 2008 • Old Dominion Electric Cooperative • Electric services • New York
THIS WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is made as of October 9, 2008 by and among OLD DOMINION ELECTRIC COOPERATIVE, a wholesale power supply cooperative organized under the laws of the Commonwealth of Virginia (“ODEC”), DAIMLERCHRYSLER CAPITAL SERVICES (DEBIS) LLC (as successor to EPC Corporation), a Delaware limited liability company (the “Owner Participant”) and WILMINGTON TRUST COMPANY, not in its individual capacity, but solely as trustee of the Clover Unit 2 Generating Trust (in such capacity, the “Facility Owner”).
