ContractWaivers • October 29th, 2007 • Nu Horizons Electronics Corp • Wholesale-electronic parts & equipment, nec • New York
WAIVERS dated as of October 25, 2007 (this “Waiver”) to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 31, 2007, as amended by a Consent and First Amendment dated as of June 6, 2007 (collectively, “Credit Agreement”), among NU HORIZONS ELECTRONICS CORP. (the “Borrower”), the Lenders, the Co-Syndication Agents and the Documentation Agent parties thereto, and CITIBANK, N.A., as Administrative Agent.
WaiversWaivers • August 7th, 2023 • Xponential Fitness, Inc. • Services-miscellaneous amusement & recreation
As of June 30, 2023, each of Xponential Fitness, Inc., a Delaware corporation, Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (the “Borrower”), each Subsidiary (as defined in the Financing Agreement (defined below)) of Parent listed as a "Borrower" on the signature pages to the Financing Agreement, each other Subsidiary of Parent listed as a "Guarantor" on the signature pages of the Financing Agreement listed as a borrower (together, the “Company”) agrees not to provide any material nonpublic information to MSD XPO Partners, LLC, MSD PCOF Partners XXXIX, LLC, MSD Credit Opportunity Master Fund, L.P., Lombard International Life, LTD., on behalf of its segregated account BIGVA0005, Lombard International Life, LTD., on behalf of its segregated account BIGVA0005, Lombard International Life, LTD., on behalf of its segregated account BIGVA0006, MSD Private Credit Opportunity Master Fund
WaiversWaivers • August 7th, 2023 • Xponential Fitness, Inc. • Services-miscellaneous amusement & recreation
As of June 30, 2023, each of Xponential Fitness, Inc., a Delaware corporation, Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (the “Borrower”), each Subsidiary (as defined in the Financing Agreement (defined below)) of Parent listed as a "Borrower" on the signature pages to the Financing Agreement, each other Subsidiary of Parent listed as a "Guarantor" on the signature pages of the Financing Agreement (together, the “Company”) agrees not to provide any material nonpublic information to DESALKIV Portfolios LLC (“DE Shaw”) and any of its affiliates identified to Borrower in writing and with respect to which Borrower agrees to be bound hereby, including any material nonpublic information required to be provided pursuant to: (i) Section 7.01 of the Financing Agreement, dated as of April 19, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Financin
